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Guatay Christian Fellowship v. County of San Diego
Church’s RLUIPA claims are unripe for review absent county’s final determination on use permit application, which church barely attempted to obtain.
Administrative Agencies Dec. 27, 2011
S.Y. v. S.B.
Trial court properly declares woman to be second, same-sex parent where she received children into family home and held them out as her natural children.
Administrative Agencies Dec. 13, 2011
Judulang v. Holder
Agency’s approach in determining alien’s deportability is reversed where determinations result in arbitrary decisions based on factors irrelevant to immigration system.
Administrative Agencies Dec. 13, 2011
Imports Performance v. Dept. of Consumer Affairs, Bureau of Automotive Repair
Bureau of Automotive Repair properly revokes smog check license probation based on preponderance of evidence, and may reject pro rata reduction in determining costs.
Administrative Agencies Dec. 9, 2011
Stiger v. Flippin
Administrative subpoenas issued by Medical Board of California are valid as part of investigation into timeliness of defendants' submission of peer review report.
Administrative Agencies Dec. 7, 2011
Cordero-Sacks v. Housing Authority of the City of Los Angeles
Governmental entity employer may be liable under False Claims Act for retaliatory discharge of employee following her assistance in investigation of false claim.
Administrative Agencies Nov. 21, 2011
Montana Consumer Counsel v. Federal Energy Regulatory Commission
Federal Energy Regulatory Commission’s market-based rate policy does not violate Federal Power Act in determining reasonable rates for power wholesalers.
Administrative Agencies Oct. 13, 2011
DeCicco v. California Coastal Commission
California Coastal Commission has appellate jurisdiction over project that requires approval of subdivision of land, even if project also constitutes ‘principal permitted use.’
Administrative Agencies Oct. 3, 2011
California Association of Medical Products Suppliers v. Maxwell-Jolly
Dept.'s adoption of regulations setting upper billing limits for providers of durable medical equipment to Medi-Cal recipients does not violate Administrative Procedures Act.
Administrative Agencies Sep. 18, 2011
Roy v. Superior Court (Medical Board of California)
Physician is subject to disciplinary action based on 'sexual relations' with patient, even if physician was mere recipient of sexually intimate contact.
Administrative Agencies Sep. 1, 2011
Valadez-Lopez v. Chertoff
Administrative exhaustion requirement is met where agency denied administrative tort claims six months after filing, but before complaint was amended to name U.S. as party.
Administrative Agencies Aug. 29, 2011
City of Palmdale v. Palmdale Water District
Approval of new water rate structure is error where agency failed to demonstrate how new rate complied with proportionality requirement under constitutional mandate.
Administrative Agencies Aug. 26, 2011
Tafti v. County of Tulare
Notice contained in enforcement order is inadequate in failing to provide nature of administrative hearing involved where civil penalties could be increased.
Administrative Agencies Aug. 25, 2011
Ames v. PUC (Southern California Edison Co.)
PUC is not required to approve individual demand reduction proposal simply due to cost effectiveness where utilities’ overall demand reduction programs favor other proposals.
Administrative Agencies Aug. 5, 2011
Absmeier v. Simi Valley Unified School District
School district exceeds its authority by retaining law firm to render decision after administrative law judge failed to decide case.
Administrative Agencies Jun. 29, 2011
Kaiser Foundation Hospitals v. Sebelius
Dismissal of medicare provider’s appeal, which challenged reimbursement amount, is proper where provider failed to timely file preliminary position paper.
Administrative Agencies Jun. 15, 2011
White v. DMV
Suspension of driving privileges is proper where driver refused to take breath test to determine blood alcohol level after failed attempts at blood test.
Administrative Agencies Jun. 15, 2011
Talk America Inc. v. Michigan Bell Telephone Co.
Incumbent local exchange carriers must make existing entrance facilities available to competitors at cost-based rates if facilities are used for interconnection.
Administrative Agencies Jun. 10, 2011
Advanced Real Estate Services Inc. v. Superior Court (California Dept. of General Services)
Dept. errs in accepting bid without giving Legislature its statutorily-reserved opportunity to compare proposed deal with fair market value.
Administrative Agencies Jun. 9, 2011
Absmeier v. Simi Valley Unified School District
School district exceeds its authority by retaining law firm to render decision after administrative law judge failed to decide case.
Administrative Agencies Jun. 8, 2011
California Correctional Peace Officers Association v. Tilton
California Dept. of Corrections and Rehabilitation does not have authority to conduct basic training outside two academies listed in statute.
Administrative Agencies Jun. 6, 2011
Keyser v. Commissioner Social Security Administration
Agency errs in denying application for benefits because it failed to strictly follow regulations in reaching its conclusion that petitioner’s disability is not severe.
Administrative Agencies Jun. 2, 2011
Pinnacle Armor Inc. v. United States
National Institute of Justice’s decision to revoke body armor manufacturer’s certification is not exempt from judicial review by law.
Administrative Agencies May 27, 2011
McLeod v. Astrue
Administrative law judge's failure to help applicant develop record by putting VA disability determination into record is reasonably likely to have been prejudicial.
Administrative Agencies May 20, 2011
Ursack Inc. v. Sierra Interagency Black Bear Group
Agency’s decision to revoke conditional approval for product's use in park is rational despite approval of competing product, which failed several times.
Administrative Agencies May 10, 2011
The Morning Star Co. v. Board of Equalization
Agency’s regulation interpreting statute does not conflict with statute where interpretation is long standing and supported by substantial evidence.
Administrative Agencies May 6, 2011
GCB Communications Inc. v. U.S. South Communications Inc.
Completing carriers are not required to compensate payphone service providers unless coding digits, identifying what phones were used, are actually provided to carriers.
Administrative Agencies May 2, 2011
Petrus v. State of California DMV
Driver is deprived of opportunity to present meaningful defense in violation of due process because counsel received blood test results minutes before hearing.
Administrative Agencies May 2, 2011
California Farm Bureau Federation v. State Water Resources Control Board
Annual fee collected to be used for administration of water resources, but not for revenue purposes, only requires majority assent.
Administrative Agencies Apr. 24, 2011
City of Fillmore v. State Board of Equalization
Judicial review of parties’ petition before exhaustion of administrative remedies is proper where parties show strong likelihood agency lacks jurisdiction in underlying dispute.
Administrative Agencies Apr. 20, 2011