| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
B211710
|
Samantha C. v. State Dept. of Developmental Services
Applicant qualifies for developmental disability benefits where adaptive functioning impairments create disabling condition closely related to mental retardation. |
Administrative Agencies |
|
Jun. 28, 2010 | |
|
H034209
|
In re Michael K.
Party to administrative proceeding may not relitigate issue in court where party failed to continue administrative process to completion. |
Administrative Agencies |
|
Jun. 23, 2010 | |
|
B209854
|
Myrick v. Mastagni
Ordinance requiring owners to retrofit their building does not insulate them from negligence prior to compliance date |
Administrative Agencies |
|
Jun. 22, 2010 | |
|
A126130
|
Garcia v. DMV
Defendant’s driver’s license is properly suspended after refusal to submit to chemical test following arrest for driving under influence of alcohol. |
Administrative Agencies |
|
Jun. 1, 2010 | |
|
B206881
|
In re Electric Refund Cases
Investor-owned utilities properly exhaust administrative remedies before filing suit against electricity seller. |
Administrative Agencies |
|
May 28, 2010 | |
|
D055419
|
Howard v. County of San Diego
Plaintiffs properly bring judicial action where administrative agency repeatedly informs them that further action within agency would be futile. |
Administrative Agencies |
|
May 27, 2010 | |
|
B210072
|
Sandarg v. Dental Board of California
Standard of proof for petition to revoke dental licentiate's probation is preponderance of evidence. |
Administrative Agencies |
|
May 27, 2010 | |
|
C060831
|
Broney v. California Commission on Teacher Credentialing
In finding teacher unfit to teach, trial court’s incorrect application of per se test does not result in prejudicial error. |
Administrative Agencies |
|
May 7, 2010 | |
|
D055745
|
County of San Diego v. Alcoholic Beverage Control Appeals Board (Barona Tribal Gaming Authority)
Dept. of Alcoholic Beverage Control may appoint its own administrative law judge, not on Office of Administrative Hearings’ staff, to conduct hearings. |
Administrative Agencies |
|
May 6, 2010 | |
|
09-15893
|
Buckingham v. Secretary of U.S. Dept. of Agriculture
Plaintiff fails to exhaust administrative remedies before U.S. Forest Service by failing to raise claim challenging grazing permit’s language with sufficient clarity. |
Administrative Agencies |
|
Apr. 30, 2010 | |
|
A121575
|
Brown v. Valverde
Discovery of police officer’s personnel records is inapplicable to Dept. of Motor Vehicles administrative per se hearing. |
Administrative Agencies |
|
Apr. 26, 2010 | |
|
07-404
|
Opinion of Brown
Prison Industry Authority may operate outside civil service rules where facts justify departure. |
Administrative Agencies |
|
Apr. 13, 2010 | |
|
A123856
|
Purifoy v. Howell
Saturdays are not included under definition of ‘business days’ for purposes of calculating holding period for impounded animals. |
Administrative Agencies |
|
Mar. 29, 2010 | |
|
A123914
|
San Francisco Unified School District ex rel. Contreras v. Laidlaw Transit Inc.
Allegations that implied certification was false and influenced public agency’s decision to pay for goods or services are sufficient to survive demurrer. |
Administrative Agencies |
|
Mar. 25, 2010 | |
|
B210116
|
Advanced Choices Inc. v. Dept. of Health Services
Company that is ineligible to participate in Medi-Cal program may not use another's provider number even if obtained by power of attorney. |
Administrative Agencies |
|
Mar. 24, 2010 | |
|
08-15568
|
Pacific Bell Telephone Co. v. California PUC
AT&T must lease entrance facilities, which are high capacity wires, to newer competitors at regulated rates for purpose of linking networks. |
Administrative Agencies |
|
Mar. 4, 2010 | |
|
C060456
|
Marquez v. Medical Board of California
Examinee is entitled to retake examination for medical licensure where Medical Board of California failed to establish passing score by resolution. |
Administrative Agencies |
|
Mar. 2, 2010 | |
|
A123914
|
San Francisco Unified School District ex rel. Contreras v. Laidlaw Transit Inc.
Allegations that implied certification was false and influenced public agency’s decision to pay for goods or services are sufficient to survive demurrer. |
Administrative Agencies |
|
Mar. 1, 2010 | |
|
A122452
|
Modification: Stewart v. Rolling Stone LLC
Feature in magazine is protected noncommercial speech where advertisement content is distinguished from editorial content and despite close proximity in layout. |
Administrative Agencies |
|
Feb. 25, 2010 | |
|
08-17074
|
Cooper v. FAA
Claims for severe emotional distress due to FAA's disclosure of pilot's HIV status qualify as ‘actual damages’ under Privacy Act of 1974. |
Administrative Agencies |
|
Feb. 22, 2010 | |
|
08-55048
|
North County Communications Corp. v. California Catalog & Technology
Court lacks subject matter jurisdiction where FCC has special competence to decide issues and plaintiff fails to assert federal claim. |
Administrative Agencies |
|
Feb. 11, 2010 | |
|
C060372
|
Merchandising Concept Group Inc. v. California Unemployment Insurance Appeals Board
Employer is not entitled to judicial review of California Unemployment Insurance Appeals Board's reassessment decision. |
Administrative Agencies |
|
Feb. 9, 2010 | |
|
C057195
|
Basden v. Wagner
Mother’s full-time In-Home Supportive Services program funded care of disabled child does not constitute full-time employment for purposes of program. |
Administrative Agencies |
|
Feb. 4, 2010 | |
|
09-212
|
Opinion of Brown
Under Vehicle Code, 'unusually large or heavy load' is defined as load exceeding statutory limits and posing risks inadequately covered by insurance. |
Administrative Agencies |
|
Feb. 1, 2010 | |
|
08-35919
|
Hardisty v. Astrue
Equal Access to Justice Act does not authorize awards of attorney fees for undecided, challenged agency positions. |
Administrative Agencies |
|
Jan. 26, 2010 | |
|
H032345
|
Diquisto v. County of Santa Clara
County does not expend public funds for partisan campaign activities by discussing ballot initiative to require arbitration during labor negotiations. |
Administrative Agencies |
|
Jan. 25, 2010 | |
|
B211594
|
County of Kern v. California Dept. of Health Services
Hospital is not entitled to payments at neonatal intensive care unit rate where staffing ratio was over one nurse to two patients. |
Administrative Agencies |
|
Jan. 15, 2010 | |
|
B215035
|
Blue Cross of California Inc. v. Superior Court (People)
City attorney has authority to bring suit against managed health care service insurer under unfair competition law and false advertising law. |
Administrative Agencies |
|
Jan. 14, 2010 | |
|
08-674
|
NRG Power Marketing LLC v. Maine Public Utilities Commission
Presumption that electricity rate set by freely negotiated wholesale-energy contract is ‘just and reasonable’ applies to noncontracting third party complainants. |
Administrative Agencies |
|
Jan. 14, 2010 | |
|
B215035
|
Blue Cross of California Inc. v. Superior Court (People)
City attorney has authority to bring suit against managed health care service insurer under unfair competition law and false advertising law. |
Administrative Agencies |
|
Dec. 17, 2009 |