| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
10-55642
|
Sauer v. U.S. Dept. of Education
State agency has no statutory obligation to sue federal government for failing to comply with Randolph-Sheppard Vending Stand Act arbitration award. |
Administrative Agencies |
|
Feb. 6, 2012 | |
|
B229605
|
Vitkievicz v. Valverde
Petition challenging DMV's revocation of driving privileges is untimely where petition was not filed within 94 days of mailing of notice of decision. |
Administrative Agencies |
|
Jan. 26, 2012 | |
|
10-553
|
Hosanna-Tabor Evangelical Lutheran Church and School v. EEOC
'Ministerial exception' bars employment discrimination suit against church by teacher who received religious training and was commissioned minister. |
Administrative Agencies |
|
Jan. 12, 2012 | |
|
D056676
|
Saraswati v. County of San Diego
Where county’s determination affects parent’s vested fundamental right to familial privacy, reviewing court must apply independent judgment on evidence. |
Administrative Agencies |
|
Jan. 12, 2012 | |
|
C065784
|
Hardesty v. Sacramento Metropolitan Air Quality Management District
In review of hearing board's issuance of abatement order, independent judgment standard does not apply where mining operation would not be driven out of business due to order. |
Administrative Agencies |
|
Dec. 28, 2011 | |
|
09-56541
|
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 | |
|
C065700
|
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 | |
|
10-694
|
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 | |
|
B228544
|
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 | |
|
D058117
|
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 | |
|
B217191
|
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 | |
|
08-71827
|
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 | |
|
B228009
|
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 | |
|
A126749
|
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 | |
|
C066862
|
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 | |
|
09-16375
|
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 | |
|
B224869
|
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 | |
|
F060098
|
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 | |
|
G043088
|
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 | |
|
B221710
|
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 | |
|
09-56200
|
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 | |
|
B226241
|
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 | |
|
10-313
|
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 | |
|
G044596
|
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 | |
|
B221710
|
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 | |
|
C063991
|
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 | |
|
10-35371
|
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 | |
|
08-16209
|
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 | |
|
09-35190
|
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 | |
|
09-17152
|
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 |