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Name Category Published
Howard Jarvis Taxpayers Assn. v. Newsom
Senate Bill No. 1107 undermines fundamental purpose of Political Reform Act of 1974 by removing ban on publicly funded election campaigns; thus, SB 1107 was invalid.
Government 3DCA Aug. 28, 2019
Huerta v. City of Santa Ana
There was no 'dangerous condition of public property' or any 'peculiar condition' that would trigger obligation by City to modify its street lighting at accident scene.
Government 4DCA/3 Aug. 27, 2019
Gates v. Blakemore
Proposed ballot initiatives were properly ruled invalid preelection because their proposed actions violated the California Constitution or the County Budget Act.
Government 4DCA/2 Aug. 27, 2019
Davis v. Mariposa County Board of Supervisors
Government Code Section 50078.17 provides that any appeal from a final judgment in an action brought under this section must be filed within 30 days or it is considered untimely.
Government 5DCA Aug. 22, 2019
Fuller v. Department of Transportation
Jury's special verdict was not inconsistent because the dangerous condition finding did not necessitate finding the dangerous condition created reasonably foreseeable risk that the relevant kind of incident would occur.
Government California Courts of Appeal Aug. 21, 2019
A.J. Fistes Corp. v. GDL Best Contractors, Inc.
Plaintiff alleged facts sufficient to establish taxpayer standing to sue to restrain the alleged illegal expenditure of public funds by School District.
Government 2DCA/7 Aug. 15, 2019
Lee v. Dept. of Parks and Recreation
Stone stairway on which plaintiff fell was at least an integral part of a trail, affording defendant immunity under Government Code Section 831.4, but award of defense costs was improper.
Government 1DCA/4 Aug. 5, 2019
Cal. Public Records Research, Inc. v. County of Alameda
Plaintiff failed to establish County's calculation of recoverable 'indirect costs' violated Government Code Section 27366; thus, County's fee for copies of official records was reasonable.
Government 1DCA/5 Jul. 24, 2019
City of Hesperia v. Lake Arrowead Comm. Serv. Dist.
Community Services District failed to establish Government Code Sections 53091(e) and 53096(a) provided an absolute or qualified exemption from compliance with City's zoning requirements.
Government 4DCA/1 Jul. 22, 2019
Quigley v. Garden Valley Fire Protection Dist.
Government Code Section 850.4 immunity is not jurisdictional, but rather operates as an affirmative defense and must be adequately pleaded as such.
Government CASC Jul. 16, 2019
City of Los Angeles v. William Barr
Department's inclusion of immigration-related scoring factors in implementing Community Oriented Policing Services grant program was within its authority to carry out the Public Safety Partnership and Community Policing Act of 1994.
Government 9th Jul. 15, 2019
Modification: Howard Jarvis Taxpayers Assn. v. Amador Water Agency
Water service fees addressed in Amador Water Agency's Resolution 2015-19 constituted tax levies for purposes of referendum under California Constitution Article II, Section 9, so referendum was unavailable to petitioners.
Government 3DCA Jul. 10, 2019
Rucho v. Common Cause
Partisan gerrymandering claims presented nonjusticiable political questions due to a lack of constitutional directives or guiding legal standards for courts to follow in resolving such claims.
Government USSC Jun. 28, 2019
Byrd v. State Personnel Bd.
Government Code Section 21198 prevented plaintiff's reinstatement at higher salary level; 'reinstatement' under this section means the same title and pay rate as formerly held.
Government 4DCA/1 Jun. 28, 2019
Howard Jarvis Taxpayers Assn. v. Amador Water Agency
Water service fees addressed in Amador Water Agency's Resolution 2015-19 constituted tax levies for purposes of referendum under California Constitution Article II, Section 9, so referendum was unavailable to petitioners.
Government 3DCA Jun. 19, 2019
Amended Opinion: Rojas v. FAA
The FAA did not show that it conducted a search reasonably calculated to uncover all relevant documents in response to plaintiff's request; thus, the district court erred in granting summary judgment.
Government 9th Jun. 19, 2019
Conger v. County of Los Angeles
Under Government Code Section 3304(b), evaluation of merit is not limited to merits of an officer's performance solely during probationary period; thus, petitioner not entitled to administrative appeal.
Government 2DCA/1 Jun. 18, 2019
Amalgamated Transit Union v. San Joaquin Reg. Transit Dist.
Public Utilities Code Sections 50150 and 99159 should be harmonized so 'elected representatives of the employees' is read to mean Board members appointed by the Amalgamated Transit Union, Local 276.
Government 3DCA Jun. 10, 2019
Smith v. Berryhill
Social Security Administration Appeals Council's dismissal of claimant's request for review due to untimeliness, after an ALJ hearing on the merits occurred, qualified claimant for judicial review under 42 U.S.C. Section 405(g).
Government USSC May 29, 2019
Kahan v. City of Richmond
Demurrer was properly sustained because plaintiff's theories were directly contradicted by statutory language authorizing defendant's charging of delinquent garbage fees as a special assessment and a lien on plaintiff's property.
Government 1DCA/1 May 28, 2019
Barber v. CA State Personnel Bd.
Appellant not entitled to increased tax liability recovery under Government Code Section 19584 caused by receiving lump sum of back pay award for improper termination of employment.
Government 4DCA/2 May 21, 2019
County L.A. Dept. Pub. Social Svcs. v. Civil Svc. Com. L.A. County
County Civil Service Commission lacked jurisdiction over appellant's appeal that did not concern discrimination, discharge, or reduction, as required by Los Angeles County Charter Sections 35(4) and 35(6).
Government 2DCA/2 May 17, 2019
Tanimura & Antle Fresh Foods v. Salinas Union High School Dist.
In applying school impact fee applicable to residential development generally, district need not separately analyze or exclude from fee development project housing only adults.
Government 6DCA Apr. 29, 2019
SPRAWLDEF v. Dept. of Resources Recycling and Recovery
Plaintiff was not prejudiced by closed rather than open sessions when plaintiff failed to object and points were documented in a hearing transcript and explained in a written decision.
Government 3DCA Apr. 26, 2019
Rojas v. FAA
The FAA did not show that it conducted a search reasonably calculated to uncover all relevant documents in response to plaintiff's request; thus, the district court erred in granting summary judgment.
Government 9th Apr. 25, 2019
Xue Lu v. United States
Because district court did not have the benefit of 'Goodyear Tire & Rubber Co. v. Haeger' when it issued an award of attorneys' fees, it failed to apply the appropriate legal framework.
Government 9th Apr. 18, 2019
Cal. Dept. of Social Services v. Marin
Foster care maintenance payment rate increases mandated by 'California State Foster Parent Assn. v. Lightbourne' do not apply retroactively to plaintiff's adopted children; thus, judgment granting petition for writ of mandate reversed.
Government 2DCA/6 Apr. 16, 2019
TransparentGov Novato v. City of Novato
Trial court properly rejected plaintiff's claim against City alleging violation of Brown Act because City responded with unconditional commitment to cease, desist from, and not repeat the past action.
Government 1DCA/1 Apr. 11, 2019
Martinez v. Public Employees' Retirement System
'Haywood v. American River Protection Dist.' and 'Smith v. City of Napa' set out relevant disability retirement law and are binding; thus, judgment denying writ of mandate challenging these cases affirmed.
Government 1DCA/2 Apr. 8, 2019
National Asian American Coalition v. Newsom
Trial court may order retransfer of funds the director of finance unlawfully appropriated from the National Mortgage Special Deposit Fund to the General Fund without violating separation of powers principles.
Government 3DCA Apr. 4, 2019