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Telesaurus VPC LLC v. Power
Plaintiff fails to allege sufficient facts to establish that mobile radio service provider is 'common carrier' under Federal Communications Act of 1934.
Administrative Agencies Oct. 10, 2010
Sonoma County Water Coalition v. Sonoma County Water Agency
Water management plans are valid where assumptions made for water supply projections are properly predicated on substantial evidence.
Administrative Agencies Oct. 10, 2010
Clovis Unified School District v. Chiang
Agency may not use administrative regulation to evaluate school district’s reimbursement claims without following proper procedures for regulation implementation.
Administrative Agencies Sep. 22, 2010
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 Sep. 17, 2010
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 Sep. 2, 2010
Utility Consumers’ Action Network v. PUC of the State of California (San Diego Gas and Electric Co.)
Public Utilities Commission does not have to consider every alternative when approving application to construct electric transmission facility.
Administrative Agencies Aug. 19, 2010
Lockwood v. Commissioner Social Security Administration
Administrative law judge need not explain in written decision why she treated social security disability benefits claimant as closely approaching advanced age.
Administrative Agencies Aug. 17, 2010
Turner v. Commissioner of Social Security
For purposes of social security benefits, court properly rejects treating doctor’s evaluation that Vietnam Veteran is disabled by post-traumatic stress disorder.
Administrative Agencies Aug. 3, 2010
Providence Yakima Medical Center v. Sebelius
District court lacks jurisdiction to invalidate calculation of hospitals' medical education payments where Provider Review Reimbursement Board had authority to decide question.
Administrative Agencies Jul. 26, 2010
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 Jul. 14, 2010
City of San Diego v. San Diego City Employees’ Retirement System
Retirement system board’s authority does not extend to actions expressly prohibited by city’s municipal code.
Administrative Agencies Jun. 30, 2010
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
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
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
In re Electric Refund Cases
Investor-owned utilities properly exhaust administrative remedies before filing suit against electricity seller.
Administrative Agencies May 28, 2010
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
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
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
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
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
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
Opinion of Brown
Prison Industry Authority may operate outside civil service rules where facts justify departure.
Administrative Agencies Apr. 13, 2010
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
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
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
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
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
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
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
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