Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
A151870
|
New Cingular Wireless PCS v. Public Utilities Commission
Intervenors' compensation award vacated where California Public Utilities Commission ignores statutory limitation imposed on its discretion requiring commission to link intervenors' contribution to 'actual' order or decision. |
Administrative Agencies |
|
J. Streeter | Apr. 2, 2018 |
15-16849
|
Amended Opinion: Shaibi v. Berryhill
Claimant must raise issue of accuracy of vocational expert's job estimates during administrative proceedings to preserve challenge on appeal; claimant's failure to do so constitutes waiver. |
Administrative Agencies |
|
M. Berzon | Mar. 2, 2018 |
15-15277
|
Amended Opinion: Leon v. Berryhill
Applicant for disability benefits not entitled to direct award of benefits on review under 'credit-as-true' rule where record leaves doubt as to disability. |
Administrative Agencies |
|
J. Wallace | Jan. 26, 2018 |
14-50585
|
Amended Opinion: U.S. v. Kleinman
Defendant unsuccessful in challenging convictions relating to conspiracy to distribute marijuana arising out of purported medical marijuana collective. |
Administrative Agencies |
|
M. Smith | Jan. 23, 2018 |
16-70481
|
California Public Utilities Commission v. Federal Energy Regulatory Commission
Agency acts arbitrarily and capriciously where it bases its decision on its misinterpretation of its policy and thereby fails to provide reasoned explanation for departing from policy. |
Administrative Agencies |
|
S. Thomas | Jan. 9, 2018 |
16-15188
|
Wellington v. Berryhill
Determination of onset disability date made without calling medical advisor properly affirmed where determination is based on adequate medical record and where reasonable medical expert would not disagree. |
Administrative Agencies |
|
R. Gould | Jan. 2, 2018 |
C078981
|
Modification: City of Grass Valley v. Cohen
Statutory amendment has retroactive effect and bears upon 2011 agreement between redevelopment agency and city, because prospective application would render amendment meaningless. |
Administrative Agencies |
|
Dec. 22, 2017 | |
C070357
|
Department of Finance v. Commission on State Mandates
State-mandated requirements on a local government not expressly imposed by federal regulations are subject to subvention under 'Section 6' |
Administrative Agencies |
|
G. Nicholson | Dec. 21, 2017 |
C078981
|
Modification: City of Grass Valley v. Cohen
Statutory amendment has retroactive effect and bears upon 2011 agreement between redevelopment agency and city, because prospective application would render amendment meaningless. |
Administrative Agencies |
|
E. Duarte | Dec. 21, 2017 |
C082934
|
Yuba City Unified School District v. California State Teachers' Retirement System
Statute of limitations barring recovery suits three years after 'discovery' of overpayment suggests inquiry notice is proper standard to apply. |
Administrative Agencies |
|
J. Renner | Dec. 19, 2017 |
C083619
|
Dept. of Alcoholic Bev. Control v. Alcoholic Bev. Control Appeals
Eighteen-year-old decoy's in-store identification of clerk who unlawfully sold him beer satisfies rule's face-to-face identification requirement warranting suspension of store's license. |
Administrative Agencies |
|
V. Raye | Dec. 18, 2017 |
14-17350
|
Nat'l Mining Ass'n v. Zinke
An unconstitutional legislative veto embedded in a section of the FLPMA is severable from the withdrawal authority delegated to the Secretary of the Interior in that same subsection. |
Administrative Agencies |
|
M. Berzon | Dec. 13, 2017 |
H042623
|
Monterey Coastkeeper v. Monterey County Water Resources Agency
Order requiring water resources agency to file requisite waste discharge report reversed where petitioner fails to exhaust its administrative remedies. |
Administrative Agencies |
|
P. Bamattre-Manoukian | Dec. 7, 2017 |
C074166
|
Fettgather v. Board of Psychology
No violation of due process where trial court does not consider, when upholding license revocation, licensing agency's justification for ordering psychologist to undergo mental evaluation. |
Administrative Agencies |
|
V. Raye | Dec. 5, 2017 |
A147642
|
City of Fontana et al. v. California Department of Tax and Fee Administration
Under 'McMillan' a court may not reverse an administrative agency's decision if a reasonable person would come to the same conclusion based upon the evidence before the agency. |
Administrative Agencies |
|
J. Richman | Nov. 30, 2017 |
C078981
|
City of Grass Valley v. Cohen
Statutory amendment has retroactive effect and bears upon 2011 agreement between redevelopment agency and city, because prospective application would render amendment meaningless. |
Administrative Agencies |
|
E. Duarte | Nov. 21, 2017 |
D071984
|
Walker v. Physical Therapy Bd. of California
Boards revocation of physical therapists license based on dangerous use of alcohol does not require separate showing that therapists conduct affected therapist's profession. |
Administrative Agencies |
|
Nov. 17, 2017 | |
D071984
|
Walker v. Physical Therapy Bd. of California
Boards revocation of physical therapists license based on dangerous use of alcohol does not require separate showing that therapists conduct affected therapist's profession. |
Administrative Agencies |
|
T. O'Rourke | Nov. 10, 2017 |
15-15277
|
Leon v. Berryhill
Applicant for disability benefits not entitled to direct award of benefits on review under 'credit-as-true' rule where record leaves doubt as to disability. |
Administrative Agencies |
|
J. Wallace | Nov. 8, 2017 |
14-36070
|
Diedrich v. Berryhill
Administrative law judge's failure to call medical expert to determine claimant's disability onset date prejudiced claimant warranting reversal of denial of SSDI benefits. |
Administrative Agencies |
|
R. Gould | Oct. 27, 2017 |
15-16477
|
Revels v. Berryhill
Order denying supplemental security income and disability insurance benefits reversed where administrative law judge fails to provide substantial evidence for rejecting treating contradicted physician opinion. |
Administrative Agencies |
|
K. Wardlaw | Oct. 27, 2017 |
14-70339
|
Amended Opinion: Martinez v. Sessions
Where the statutory definition of finality provides no conclusive answer, a Board of Immigration Appeals order is the final administrative order for the purposes of filing a petition for review where petitioner is subject to 'conflicting and confusing ' circumstances. |
Administrative Agencies |
|
Oct. 13, 2017 | |
A144254
|
Christensen v. Lightbourne
In determining a family's eligibility for cash aid under CalWORKs program, child support paid to benefit children living outside the home counts as family income. |
Administrative Agencies |
|
M. Miller | Oct. 10, 2017 |
15-16848
|
Amended Opinion: Popa v. Berryhill
Applicant for supplemental security income benefits successful in reversing denial of benefits, where administrative law judge improperly discounts medical professionals’ opinions. |
Administrative Agencies |
|
Sep. 21, 2017 | |
15-16600
|
U.S. v. Gorman
Order |
Administrative Agencies |
|
Sep. 18, 2017 | |
15-16277
|
Amended Opinion: Trevizo v. Berryhill
Administrative law judge erroneously denies disability claimant’s application for benefits by giving ‘little credit’ to treating physician’s uncontradicted medical opinion without providing specific, legitimate reasons. |
Administrative Agencies |
|
Sep. 15, 2017 | |
A147642
|
City of Fontana v. California Dept. of Tax and Fee Administration
Administrative board’s decision stands where substantial evidence supports board’s conclusion, and 'reasonable administrators' could have reached same decision. |
Administrative Agencies |
|
J. Richman | Sep. 14, 2017 |
15-50459
|
Amended Opinion: U.S. v. Cervantes
Warrantless, suspicionless search of hotel room rented by defendant on 'mandatory supervision' does not violate Fourth Amendment, where such supervision is akin to parole. |
Administrative Agencies |
|
Sep. 13, 2017 | |
C078723
|
California Correctional Peace Officers Assn v. Dept. of Corrections
Grievance allegations are not under State Personnel Board’s exclusive jurisdiction where grievance is not merit-based. |
Administrative Agencies |
|
E. Duarte | Sep. 11, 2017 |
14-35976
|
Buck v. Berryhill
Disability claimant successful in obtaining denial of benefits, where district court improperly rejects examining psychiatrist’s opinion. |
Administrative Agencies |
|
A. Tashima | Sep. 6, 2017 |