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Opinion of Harris (10-901)
Although State Council on Developmental Disabilities may establish its quorum via bylaw, quorum may not been set at less than 16 members. 		Government Jan. 3, 2012
McMurray v. Verizon Communications Inc.
Claim for unconstitutional taking is premature where plaintiffs failed to first avail themselves of available process for obtaining compensation for alleged taking. 		Government Dec. 30, 2011
Family PAC v. McKenna
Election law that prohibited contribution within 21 weeks of general election is invalid because it is not closely related to state’s important informational interest. 		Government Dec. 30, 2011
Opinion of Harris
Fees levied on building permit applicants that underwrite implementation of building standards, which are of public concern, do not constitute unlawful taxation. 		Government Dec. 29, 2011
Opinion of Harris
Dept. of Public Health may enforce forensic alcohol testing regulations even without licensing authority. 		Government Dec. 29, 2011
Opinion of Harris
Ralph M. Brown Act permits closed-session discussion of amount of consideration agency is willing to pay for real property rights and manner of payment. 		Government Dec. 29, 2011
Robinson v. City of Chowchilla
Denial of motion of attorney fees is improper where court fails to apply correct criteria in suit that enforces important right affecting public interest. 		Government Dec. 28, 2011
Opinion of Harris
Animal control officers cannot posses or administer controlled substances on animals without contemporaneously consulting with, and receiving directions from, licensed veterinarian. 		Government Dec. 27, 2011
Opinion of Harris
Private parking lot owners are not authorized to issue citations imposing monetary sanctions on owners of vehicles parked on their property for violating owner’s rules. 		Government Dec. 27, 2011
Eden Township Healthcare District v. Sutter Health
Government official’s participation in negotiation of contract does not void agreement where there is no conflict of interest involved. 		Government Dec. 23, 2011
American Civil Liberties Union of Northern California v. Superior Court (California Dept. of Corrections and Rehabilitation)
Dept. of Corrections and Rehabilitation may not withhold names of pharmaceutical companies from which it sought to obtain drug used in executing condemned inmates. 		Government Dec. 22, 2011
SJCBC LLC v. Horwedel
Petitioners seeking to rescind nuisance abatement orders need not exhaust administrative remedies where they could not directly initiate hearing under municipal code. 		Government Dec. 22, 2011
Opinion of Harris
City may enact ordinance making it unlawful to engage in specified fireworks activities within city limits, so long as ordinance does not operate as total ban. 		Government Dec. 21, 2011
The Ministry of Defense and Support for the Armed Forces of the Islamic Republic of Iran v. Cubic Defense Systems Inc.
Regulations on relations with foreign country do not preclude confirmation of foreign arbitration award as against public policy. 		Government Dec. 16, 2011
Community Water Coalition v. Santa Cruz County Local Agency Formation Commission (City of Santa Cruz)
Prospective recipient of city services may apply for approval of services if city indicates willingness to provide services and is party to agreement for which approval is sought. 		Government Dec. 12, 2011
Allende v. Dept. of the California Highway Patrol
Agency’s policy of seeking recovery of costs incurred for every DUI arrest following dispatch of officer is not overbroad under Government Code Section 53150. 		Government Dec. 12, 2011
Developmental Services Network v. Douglas
Healthcare providers do not have cause of action relative to adequacy of rates received to challenge state implementation of Medicaid plan under federal law. 		Government Dec. 1, 2011
SJCBC LLC v. Horwedel
Petitioners seeking to rescind nuisance abatement orders need not exhaust administrative remedies where they could not directly initiate hearing under municipal code. 		Government Dec. 1, 2011
Community Water Coalition v. Santa Cruz County Local Agency Formation Commission (City of Santa Cruz)
Prospective recipient of city services may apply for approval of services if city indicates willingness to provide services and is party to agreement for which approval is sought. 		Government Nov. 21, 2011
Perry v. Brown
Proponents of Proposition 8 have standing to assert state's interest in initiative’s validity when public officials charged with that duty refused to do so. 		Government Nov. 18, 2011
Honchariw v. County of Stanislaus
Local agency’s denial of housing development proposal must issue written findings of adverse impact where project complies with general plan and zoning standards. 		Government Nov. 15, 2011
City of Riverside v. Inland Empire Patient’s Health and Wellness Center Inc.
State’s medical marijuana laws do not preempt city’s zoning ordinance, which banned medical marijuana dispensaries, where Legislature did not clearly indicate otherwise. 		Government Nov. 10, 2011
Service Employees International Union Local 99 v. Options-A Child Care and Human Services Agency
General public may enforce provision requiring compliance with Ralph M. Brown Act as intended beneficiary of contract between state agency and service provider. 		Government Nov. 10, 2011
Conahan v. Sebelius
Medicare Advantage plan is not required to pay for out-of-network surgery where it determined that surgery would be too dangerous and developed alternative plan. 		Government Nov. 2, 2011
Brown v. Superior Court (California Correctional Peace Officers Association)
Furlough program is valid where implemented by executive order and retroactively validated by legislative amendments to Budget Act. 		Government Nov. 2, 2011
American Trucking Associations Inc. v. The City of Los Angeles
Federal Aviation Administration Authorization Act preempts provision in concession agreements between port and motor carriers, which required carriers to hire employee drivers over time. 		Government Nov. 1, 2011
Taylor v. Commissioner of Social Security Administration
Social Security Appeals Council improperly rejects doctor's psychiatric evaluation, which concerned assessment of mental health since applicant’s disability onset date. 		Government Oct. 28, 2011
Newton-Nations v. Betlach
Secretary of Health and Human Services exceeds waiver authority by approving Arizona's heightened cost sharing requirements for Medicaid recipients. 		Government Oct. 28, 2011
Carrillo-Yeras v. Astrue
Delay in reopening determination of eligibility for disability insurance benefits must be supported by showing that agency diligently pursued investigation. 		Government Oct. 26, 2011
Gananian v. Wagstaffe
District attorneys do not have mandatory duty to investigate and prosecute alleged offenses related to expenditure of voter-approved school bond funds. 		Government Oct. 24, 2011
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