| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
C085199
|
Dept. of Alcoholic Beverage Control (ABC) v. ABC Appeals Bd.
The single beverage condition does not apply to beer or malt beverages that are packaged by the manufacturer to be sold as single units and not as part of a six-pack. |
Administrative Agencies |
|
E. Duarte | Nov. 28, 2018 |
|
17-17101
|
Hyatt v. Office of Management & Budget
Judicial review of petitioner's Administrative Procedure Act claim not barred because Paperwork Reduction Act only precludes review of decision by Office of Management and Budget to approve a collection within an agency rule. |
Administrative Agencies |
|
N. Smith | Nov. 16, 2018 |
|
B280152
|
Vasquez v. Solo 1 Kustoms, Inc.
There is no private cause of action under the Automotive Repair Act; the Bureau of Automotive Repair has the authority to investigate complaints and pursue penalties and remedies. |
Administrative Agencies |
|
T. Bigelow | Sep. 14, 2018 |
|
A142799
|
Cal. Dept. of Industrial Relations v. AC Transit
Non-air-conditioned vehicle interiors rightly deemed 'outdoor places of employment' within state regulatory protections. |
Administrative Agencies |
|
T. Reardon | Aug. 15, 2018 |
|
B281722
|
Doe v. Claremont McKenna College
Where campus disciplinary hearing depends on witness' credibility, and has potentially severe consequences, accused student entitled to question accuser (possibly indirectly through screen or via videoconference), in presence of fact-finder. |
Administrative Agencies |
|
H. Bendix | Aug. 10, 2018 |
|
S242034
|
Boling v. Public Employment Relations Board
Meyers-Milias-Brown Act requires mayor to 'meet and confer' with municipal employees during process by which mayor sought to eliminate new employee pensions via voter initiative. |
Administrative Agencies |
|
C. Corrigan | Aug. 3, 2018 |
|
17-70853
|
Christie v. Georgia-Pacific
Retirement that is 'voluntary' in nature does not necessarily preclude injured employee from successfully claiming full permanent disability benefits for work-related injury. |
Administrative Agencies |
|
M. Murguia | Aug. 3, 2018 |
|
16-35815
|
Barnes v. Berryhill
A district court improperly denied a disability appeal because the administrative law judge failed to follow proper procedure to include written judgment regarding transferability of skills. |
Administrative Agencies |
|
F. Block | Jul. 16, 2018 |
|
16-55987
|
Luther v. Berryhill
ALJ erred where sufficient weight was not given to 100 percent disability rating rendered by VA, and where sufficient reasons were not given to justify action. |
Administrative Agencies |
|
S. Gleason | Jun. 5, 2018 |
|
C083355
|
CalPERS v. Santa Clara Valley Transportation Authority
Declaratory relief not appropriate means for review of administrative determinations; CalPERS board erred in seeking such relief to sanction its interpretation of PEPRA while administrative appeals of that interpretation were pending. |
Administrative Agencies |
|
M. Butz | May 31, 2018 |
|
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 |