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O'Brien v. The Regents of the University of California
Sexual harassment complaint against University of California professor was not time-barred as first "notice" was insufficient pursuant to university bylaws.
Administrative Agencies 1DCA/3 Jul. 3, 2023
Modification: Campana v. East Bay Municipal Utility District
Statute of limitations on plaintiffs' complaint invalidating water fees began when the fee structure was adopted, not when the fees were imposed, since the complaint was intended to invalidate the resolutions.
Administrative Agencies 1DCA/4 Jun. 19, 2023
Leach v. Kijakazi
Administrative Law Judge's omission of an important qualifying adjective when questioning vocational expert about jobs available for a hypothetical person with disability claimant's mental limitations was not a harmless error.
Administrative Agencies 9th Jun. 16, 2023
Los Angeles Waterkeeper v. State Water Resources Control Bd.
Because the State Water Board's duty to review Regional Board's wastewater discharge permit was discretionary, trial court's order requiring State Board to investigate unreasonable wastewater use was improper.
Administrative Agencies 2DCA/1 Jun. 6, 2023
Kern County Hospital Authority v. Dept. of Corrections and Rehabilitation
California Department of Corrections and Rehabilitation had a ministerial duty to obtain a mutual agreement with the hospital authority before transporting recently paroled inmates to hospital's emergency department.
Administrative Agencies 5DCA May 31, 2023
Barajas v. Sativa L.A. County Water Dist.
The Sativa Water District was not a proper party capable of being sued after it was dissolved by the State Water Resources Control Board for failure to provide proper services.
Administrative Agencies 2DCA/2 May 30, 2023
Center for Biological Diversity v. Bureau of Land Management
Because district court's ruling of remand-with-vacatur would not provide further relief for communities seeking to intervene in water pipeline case, the communities' request to intervene was moot.
Administrative Agencies 9th May 30, 2023
Campana v. East Bay Municipal Utility District
Statute of limitations on plaintiffs' complaint invalidating water fees began when the fee structure was adopted, not when the fees were imposed, since the complaint was intended to invalidate the resolutions.
Administrative Agencies 1DCA/4 May 25, 2023
Calcutt v. Federal Deposit Insurance Corp.
Sixth Circuit erred by proceeding to conduct its own review of the record even after it had identified errors in FDIC decision.
Administrative Agencies USSC May 23, 2023
Wischmann v. Kijakazi
Job-estimate numbers that conflicted with vocational expert's estimates were not significantly probative where no information was provided regarding the source or methodology used to arrive at the conflicting estimate.
Administrative Agencies 9th May 18, 2023
Los Angeles Unified School Dist. v. Office of Administrative Hearings
An order on a motion for immediate reversal of suspension against a teacher is not reviewable by a court because the Education Code forbids interlocutory judicial review.
Administrative Agencies 2DCA/8 May 9, 2023
Crestwood Behavioral Health, Inc. v. Baass
Because the Reimbursement Act does not impose a mandatory, specific method to audit Medi-Cal supplemental payments, courts may not issue writs to exact such payments.
Administrative Agencies 3DCA May 3, 2023
Axon Enterprise, Inc. v. FTC
Statutory review schemes authorizing administrative enforcement proceedings do not displace federal district court jurisdiction for claims challenging the constitutionality of the structure or existence of the agency.
Administrative Agencies USSC Apr. 17, 2023
Garcia-Brower v. Nor-Cal Venture Group
After the Labor Commissioner became party to a pending informal hearing on a matter, it was not proper for it to issue a deposition subpoena pursuant to its investigatory powers.
Administrative Agencies 3DCA Mar. 13, 2023
World Wide Voice LLC v. Federal Communications Commission
Federal Communications Commission acted within its congressionally-authorized purview in finding a local exchange carrier in violation for entering sham arrangement to bypass rules.
Administrative Agencies 9th Mar. 10, 2023
Ramirez v. Superior Court (Department of Motor Vehicles)
Pursuant to Government Code Section 11440.30, officer's telephonic appearance at DUI administrative hearing was prejudicial when hearing officer denied driver's objection to telephonic appearance.
Administrative Agencies 5DCA Mar. 9, 2023
Los Angeles Waterkeeper v. State Water Resources Control Bd.
State Water Resources Control Board does not have a constitutional or statutory duty to investigate or prevent unreasonable use or waste of treated water.
Administrative Agencies 2DCA/1 Mar. 1, 2023
Securus Technologies v. Public Utilities Com.
Public utilities commission's interim rate relief was proper because evidence could lead a reasonable person to find California incarcerated persons calling services providers could feasibly charge $0.05 per minute for intrastate calls.
Administrative Agencies 2DCA/4 Mar. 1, 2023
Galaza v. Mayorkas
Employment standards laid out in the Aviation and Transportation Security Act preempted the Rehabilitation Act with respect to Transportation Security Administration screener with disability.
Administrative Agencies 9th Mar. 1, 2023
Garcia v. State Dept. of Developmental Services
Limitations period for proposed officer discipline began on date the misconduct that was used as the basis for demotion was discovered, rather than when the investigation began.
Administrative Agencies 3DCA Feb. 22, 2023
Modification: Griego v. City of Barstow
Although some misconduct allegations supporting fire chief's termination were overturned, remand was unnecessary where no real doubt existed city would impose same penalty based on the remaining sustained allegations.
Administrative Agencies 2DCA/8 Feb. 1, 2023
Modification: Grosz v. California Dept. of Tax & Fee Administration
Taxpayer lacked standing to bring action against Department of Tax Fee Administration since determination of whether Amazon was a "retailer" for products sold through its third-party merchant program was discretionary.
Administrative Agencies 2DCA/1 Jan. 25, 2023
Grosz v. California Dept. of Tax & Fee Administration
Taxpayer lacked standing to bring action against Department of Tax Fee Administration since determination of whether Amazon was a "retailer" for products sold through its third-party merchant program was discretionary.
Administrative Agencies 2DCA/1 Jan. 11, 2023
Griego v. City of Barstow
Although some misconduct allegations supporting fire chief's termination were overturned, remand was unnecessary where no real doubt existed city would impose same penalty based on the remaining sustained allegations.
Administrative Agencies 2DCA/8 Jan. 5, 2023
California-American Water Co. v. Marina Coast Water Dist.
Trial court erred in granting summary adjudication based on waiver because whether there was a waiver was a triable issue of fact.
Administrative Agencies 1DCA/2 Dec. 29, 2022
Morgan v. Ygrene Energy Fund, Inc.
Plaintiffs were required to exhaust administrative remedies before suing companies affiliated with Property Assessed Clean Energy loans since the assessments were considered a tax that required a verified written application.
Administrative Agencies 4DCA/1 Nov. 23, 2022
Smartt v. Kijakazi
In denying application for social security benefits, administrative law judge did not err in discounting opinion of treating physician, because "extreme limitations" described by physician were incompatible with objective medical evidence.
Administrative Agencies 9th Nov. 18, 2022
Farlow v. Kijakazi
Administrative law judge properly denied plaintiff's request for disability benefits since they cited specific medical evidence to contradict non-examining physician's medical opinion.
Administrative Agencies 9th Nov. 17, 2022
The Travelers Indemnity Co. v. Lara
The doctrine of exclusive concurrent jurisdiction did not apply where both trial court and state agency had concurrent jurisdiction, but even if it had, there was no demonstrable prejudice.
Administrative Agencies 2DCA/7 Nov. 7, 2022
GC Brothers Entertainment v. Alcoholic Beverage Control
A liquor licensee's motion to vacate a Department of Alcoholic Beverage Control decision following default should have been treated as a general denial to be supported by evidence of lack of notice later.
Administrative Agencies 2DCA/1 Nov. 3, 2022