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California Building Industry Association v. City of San Jose
Ordinary standard of review applies to city's inclusionary housing ordinance; San Remo standard inapplicable.
Administrative Agencies Jun. 15, 2015
Britton v. Colvin
Administrative law judge's denial of disability benefits is not an error, where substantial evidence shows applicant could perform light work, and where medical expert's testimony is inadequate.
Administrative Agencies Jun. 2, 2015
State of California v. FERC
FERC instructed to once more review ratemaking approach from during the California energy crisis of 2000-01.
Administrative Agencies Apr. 29, 2015
Coffey v. Shiomoto
Circumstantial, non-chemical-test evidence of driver’s impairment may rebut driver’s proffered defense that her BAC was low at the time she was driving.
Administrative Agencies Apr. 6, 2015
Gallup v. Superior Court
Former court mediator must exhaust administrative remedies prior to suing court for violating Labor Code for allegedly retaliating against her for whistleblowing.
Administrative Agencies Mar. 30, 2015
Hyundai Motor America v. Superior Court
Consumer not entitled to post-judgment interest before final judgment entered in lemon law action.
Administrative Agencies Mar. 23, 2015
Tamas v. Safeway
Stay of FDA regulation does not prohibit use of MPC ingredient in yogurt.
Administrative Agencies Mar. 18, 2015
Universal Protection Services v. Superior Court
Agreement between employer and employee to follow American Arbitration Association rules puts question of arbitrability in purview of arbitrator.
Administrative Agencies Mar. 15, 2015
County of Sonoma v. Cohen
Trial court’s finding that agreements between county and former redevelopment agency were enforceable obligations is not at odds with the purpose of the California’s “Great Dissolution” law.
Administrative Agencies Mar. 12, 2015
People v. Superior Court (Cahuenga's The Spot)
Civil penalties are remedies available to a plaintiff, and not an element of a cause of action that need to be proved to prevail on summary judgment.
Administrative Agencies Mar. 10, 2015
Department of Transportation v. Association of American Railroads
Amtrak is a governmental entity for purposes of determining validity of metrics and standards.
Administrative Agencies Mar. 9, 2015
Perez v. Mortgage Bankers Assn.
Paralyzed Veterans doctrine contradicts APA’s rulemaking provisions; Department of Labor not required to use notice-and-comment procedures when amending or repealing its interpretive rule.
Administrative Agencies Mar. 9, 2015
Universal Protection Services v. Superior Court
Agreement between employer and employee to follow American Arbitration Association rules puts question of arbitrability in purview of arbitrator.
Administrative Agencies Mar. 2, 2015
Weiland v. American Airlines Inc.
Check airman cannot seek reinstatement under newly enacted law abrogating Age 6o Rule in airline industry.
Administrative Agencies Mar. 2, 2015
Andrea Resnick v. Netflix, Inc.
Failure to raise genuine issue of material fact as to antitrust injury supports summary judgment in suit over Netflix-Walmart agreement.
Administrative Agencies Mar. 1, 2015
Zavalin v. Colvin
Administrative law judge must reconcile inconsistencies between potential disability claimant’s limitations and the occupations proposed for claimant.
Administrative Agencies Feb. 22, 2015
City of Los Angeles v. Superior Court (Wade)
Single tenant with orthopedic disability is not considered handicapped and, therefore, not entitled to enhanced relocation assistance as ‘qualified tenant.’
Administrative Agencies Feb. 12, 2015
PaintCare v. Mortensen
CalRecycle has authority to adopt regulations implementing Architectural Paint Recovery Program.
Administrative Agencies Feb. 4, 2015
Johnson v. Department of Justice
Rational basis supports different registration consequences for unlawful intercourse offenders and unlawful oral copulation offenders.
Administrative Agencies Jan. 30, 2015
Woody's Group v. City of Newport Beach
Council member’s bias should have disqualified him from participating in land-use hearing.
Administrative Agencies Jan. 30, 2015
Black Mesa v. Jewell
Since it achieved 'some degree of success on merits,' environmentalist group eligible for fee reimbursement.
Administrative Agencies Jan. 27, 2015
Nick v. Dept. of Alcoholic Beverage Control (7-Eleven Inc.)
Dept. of Alcoholic Beverage Control may rely on city’s determination in granting liquor license to 7-Eleven.
Administrative Agencies Jan. 20, 2015
City of Emeryville v. Cohen
Statute permitting cities and successor entities to redevelopment agencies to ‘reenter’ certain agreements is not limited by policy behind bill that dissolved the redevelopment agencies.
Administrative Agencies Jan. 20, 2015
Piper v. Dept. of Motor Vehicles
DUI offender is not entitled to credit for preconviction restricted license period for purposes of his postconviction suspension.
Administrative Agencies Jan. 13, 2015
Burrell v. Colvin
Administrative law judge may not discredit social security disability applicant’s testimony regarding her limitations where determination is not supported by specific facts.
Administrative Agencies Jan. 2, 2015
Treichler v. Commissioner of Social Security Administration
Administrative law judge’s adverse credibility finding regarding claimant’s application for disability benefits is overturned because it lacked discussion supporting finding.
Administrative Agencies Dec. 26, 2014
Van Horn v. Dept. of Toxic Substances Control
Agency’s procedure for challenging lien placed on real property for hazardous substances cleanup violates due process.
Administrative Agencies Dec. 22, 2014
West Hollywood Community Health and Fitness Center v. California Unemployment Insurance Appeals Board
Employer may seek judicial review of Unemployment Insurance Appeals Board’s finding that worker was employee because action did not attempt to prevent tax collection.
Administrative Agencies Dec. 7, 2014
Van Horn v. Dept. of Toxic Substances Control
Agency’s procedure for challenging lien placed on real property for hazardous substances cleanup violates due process.
Administrative Agencies Nov. 27, 2014
Guerrero v. Pacific Gas & Electric Co.
Pacific Gas & Electric Co. may not be sued following San Bruno pipeline explosion where suit would interfere with PUC’s authority over gas rates.
Administrative Agencies Oct. 12, 2014