Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
D069798
|
Plantier v. Ramona Municipal Water District
Commercial business owners need not exhaust administrative remedies before bringing suit challenging water district's method of calculating wastewater fees, warranting reversal of judgment favoring agency. |
Administrative Agencies |
|
Jun. 13, 2017 | |
16-529
|
Kokesh v. SEC
Claims for disgorgement in SEC enforcement actions are subject to 28 U.S.C. Section 2462's five-year limitations period because disgorgement claims operate as penalty. |
Administrative Agencies |
|
Jun. 5, 2017 | |
15-15542
|
D.L. v. United States
After plaintiff quickly and voluntarily dismisses complaint against federal employee, then pursues administrative remedies, dismissal improper when plaintiff re-adds federal employee to complaint. |
Administrative Agencies |
|
Jun. 5, 2017 | |
D070561
|
Pacific Bay Recovery Inc. v. California Physicians’ Services Inc.
Demurrer properly sustained without leave to amend where nonemergency care rendered by out-of-network service provider was limited by terms of applicable evidence of coverage. |
Administrative Agencies |
|
Jun. 2, 2017 | |
S224472
|
Dhillon v. John Muir Health
A trial court's order on a petition for writ of administrative mandamus that remands matter to administrative body is appealable. |
Administrative Agencies |
|
May 26, 2017 | |
15-1500
|
Lewis v. Clarke
Tribal sovereign immunity does not bar individual-capacity damages against tribal employee for tort committed within scope of his employment. |
Administrative Agencies |
|
Apr. 26, 2017 | |
C081190
|
City of Santa Maria v. Cohen
City of Santa Maria as successor agency to defunct redevelopment agency may not use redevelopment funds to pay bonds due on parking facilities. |
Administrative Agencies |
|
Apr. 26, 2017 | |
S221530
|
Shaw v. Superior Court (THC-Orange County Inc.)
Employee has no right to jury trial in retaliatory termination action under Health and Safety Code Section 1278.5. |
Administrative Agencies |
|
Apr. 11, 2017 | |
A149772
|
A.T. v. Superior Court (People)
Juvenile court errs in pressuring minor to accept 'package-deal' plea bargain by refusing to grant her request to be released to her mother's custody. |
Administrative Agencies |
|
Apr. 3, 2017 | |
15-1251
|
National Labor Relations Board v. SW General Inc. dba Southwest Ambulance
Federal Vacancies Reform Act Section 3345(b)(2) renders complaint filed on behalf of NLRB's acting general counsel invalid where President had nominated him for permanent position. |
Administrative Agencies |
|
Mar. 22, 2017 | |
G051876
|
People v. Phung
Juvenile offender's aggregate 40-years-to-life sentence passes constitutional muster in light of sentencing judge's individualized sentencing and opportunity for parole in the future. |
Administrative Agencies |
|
Mar. 16, 2017 | |
A150579
|
Johnny W. v. Superior Court
Challenge of presiding judicial officer filed after trial court's order temporarily removing minor from father's custody not untimely as trial court had not yet resolved conflicting factual contentions. |
Administrative Agencies |
|
Mar. 13, 2017 | |
15-17352
|
Somers v. Digital Realty Trust Inc.
Dodd-Frank Act's anti-retaliation provision is not limited to whistleblowers who report to the SEC, but also provide protection to those who report internally. |
Administrative Agencies |
|
Mar. 9, 2017 | |
C068868
|
People v. Acuna
Non-hearsay evidence supporting finding that civil defendants were members of criminal street gang establishes that trial court was not convinced of membership by hearsay statements alone. |
Administrative Agencies |
|
Mar. 1, 2017 | |
15-15107
|
Compassion Over Killing v. FDA
Summary judgment properly granted in federal agencies' favor, where agencies acted reasonably in denying plaintiffs' rulemaking petitions regarding egg carton labeling. |
Administrative Agencies |
|
Feb. 28, 2017 | |
D068406
|
Acqua Vista Homeowners Association v. MWI Inc.
Homeowners suing under Right to Repair Act for alleged standards violation must show violation was caused by defendant's negligence or breach of contract. |
Administrative Agencies |
|
Jan. 29, 2017 | |
D070734
|
Simmons v. Superior Court (City of San Diego)
Triable issues of fact regarding whether a nonconsensual anal cavity search was executed by police officers enough to reverse summary adjudication in favor of defendant officers in Bane Act suit. |
Administrative Agencies |
|
Jan. 26, 2017 | |
15-70333
|
Connors v. National Transportation Safety Board
Federal Aviation Administration's revocation of petitioner's aircraft registration certificate proper, where dismissal of criminal case following suppression of evidence irrelevant to revocation. |
Administrative Agencies |
|
Jan. 4, 2017 | |
14-35231
|
Gutierrez v. Colvin
Social Security ALJ's alleged failure to specifically inquire about applicant's ability to perform cashiering given her disabilities does not require reversal of benefits denial. |
Administrative Agencies |
|
Nov. 29, 2016 | |
16-16865
|
Feldman v. Arizona Secretary of State’s Office
Arizona voting law mandating in-person ballots be cast at assigned precinct polling stations does not violate Section 2 of federal Voting Rights Act. |
Administrative Agencies |
|
Nov. 3, 2016 | |
B266421
|
Johnson v. Superior Court (People)
People failed to carry heavy burden of overcoming presumption of vindictiveness for three of the four additional charges filed against defendant following successful appeal. |
Administrative Agencies |
|
Oct. 30, 2016 | |
C081373
|
Agricultural Labor etc. Board v. Superior Court
Attorney-client relationship exists between Cal. Agricultural Labor Relations Board and Board's general counsel; communications between parties in advance of injunction action protected from PRA request. |
Administrative Agencies |
|
Oct. 26, 2016 | |
B259926
|
Walmart Stores Inc. v. United Food and Commercial Workers International Union
National Labor Relations Act does not preempt Walmart's trespass action against union for staging disruptive demonstrations inside Walmart stores. |
Administrative Agencies |
|
Oct. 17, 2016 | |
C078158
|
California Public Records Research v. County of Yolo
Official records copying fee structure may include consideration of broader office overhead as 'indirect cost' under Gov. Code Section 27366. |
Administrative Agencies |
|
J. Renner | Oct. 16, 2016 |
D068516
|
Hall v. Superior Court (Dept. of Motor Vehicles)
Driver entitled to new DMV hearing after DMV officer who upheld license revocation pleaded guilty to corruption, evidencing 'intolerably high risk of bias.' |
Administrative Agencies |
|
Sep. 29, 2016 | |
14-35928
|
United Cook Inlet Drift Association v. National Marine Fishery Service
Delegation to state of management of fishery requiring conservation must be included in Fishery Management Plan by National Marine Fishery Service under Magnuson-Stevens Act. |
Administrative Agencies |
|
Sep. 21, 2016 | |
15-35738
|
J.E.F.M. v. Lynch
District court lacks jurisdiction to hear class complaint claiming violation of due process due to lack of counsel for immigration removal proceedings. |
Administrative Agencies |
|
Sep. 20, 2016 | |
F071533
|
Freitas v. Shimoto
Uncontroverted expert testimony regarding unreliability of method employed to determine driver's blood alcohol concentration warrants reversal of suspension of driver's license. |
Administrative Agencies |
|
Sep. 15, 2016 | |
14-71512
|
Fenske v. Service Employees International Inc.
Government contractor injured in Iraq War may not receive concurrent payments for back injury and hearing loss where hearing loss does not precede back injury. |
Administrative Agencies |
|
Aug. 28, 2016 | |
A139610
|
Marin Association of Public Employees v. Marin County Employees' Retirement Association
Amendment of public employee pension plan appropriate for active workers as new system is 'reasonable' and provides 'comparable new advantages.' |
Administrative Agencies |
|
Aug. 18, 2016 |