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Horne v. United States Dept. of Agriculture
Raisin reserve requirements, which required raisin handlers to contribute to reserve pool, do not constitute unlawful taking in violation of Fifth Amendment.
Government Jul. 26, 2011
State ex rel. Standard Elevator Co. v. West Bay Builders Inc.
Private plaintiff may not bring action under California False Claims Act containing allegations substantially similar to those already in public domain.
Government Jul. 25, 2011
AIDS Healthcare Foundation v. Los Angeles County Dept. of Public Health
Court cannot compel Dept. of Public Health to mandate condom use in preventing disease because Dept. retains discretion in determining proper course of action.
Government Jul. 18, 2011
Kunde v. Seiler (Central Committee of the Republican Party of San Diego County)
Political party may include one-page letter containing electioneering materials in mailing of sample ballot to party members in direct primary election.
Government Jul. 14, 2011
All Angels Preschool/Daycare v. County of Merced
Although county is under statutory duty to keep identity of plaintiff who reported child neglect confidential, it is not liable for particular injury suffered by plaintiff.
Government Jul. 13, 2011
Service Employees International Union Local 1000 v. Brown
Furlough program implemented by Budget Act is applicable only to agencies with ‘item of appropriation’ under Act.
Government Jul. 11, 2011
The Ponderosa Telephone Co. v. PUC (Calaveras Telephone Co.)
Commission errs in allocating telephone companies’ assets to customers because it constitutes unlawful taking of property.
Government Jul. 6, 2011
Ni v. Slocum
Electronic signature to endorse initiative petition does not qualify as ‘personally affixed’ signature under Elections Code.
Government Jul. 5, 2011
San Diego County Employees Retirement Association v. Superior Court (California Foundation for Fiscal Responsibility)
Records of retirees' names, pension amounts, and calculation of benefits are not exempt from disclosure under California Public Records Act.
Government Jun. 28, 2011
Fuchino v. Edwards-Buckley
County is responsible for emergency and medically necessary ambulance services provided to indigent resident even if emergency arose in different county.
Government Jun. 27, 2011
AT&T Communications of California Inc. v. Pac-West Telecomm Inc.
FCC regulations preempt state regulations for Internet phone calls between competitive local exchange carriers where state regulations were contrary to FCC’s regulations.
Government Jun. 21, 2011
Nevada Commission on Ethics v. Carrigan
State may prohibit public official from voting on project where his personal relationship creates conflict of interest and recusal is not unconstitutional.
Government Jun. 13, 2011
Lacey v. Maricopa County
Prosecutor is entitled to absolute immunity for decision to appoint special prosecutor in recognition of conflict of interest.
Government Jun. 10, 2011
Prudential Locations LLC v. U.S. Dept. of Housing and Urban Development
Parties must develop adequate factual basis for determination of whether informants' names should be withheld under Freedom of Information Act exemption.
Government Jun. 9, 2011
Jackson v. Tate
Intra-governmental immunity does not bar discharged serviceman from suing recruiters whom he accused of fraudulently re-enlisting him.
Government Jun. 3, 2011
Sierra Club v. Superior Court (County of Orange)
Geographic information system database, which is integral to county’s computer mapping software, is exempt from dislcosure under California Public Records Act.
Government Jun. 2, 2011
California Restaurant Management Systems v. City of San Diego
Prior class action does not equitably toll time to file claim under Government Claims Act for claimant not within class description in timely-filed claim.
Government Jun. 2, 2011
DiCampli-Mintz v. County of Santa Clara
Notice of claim sent to department of defendant-entity, charged with managing entity’s claims, substantially complies with Government Claims Act requirements.
Government May 27, 2011
California Association of Professional Scientists v. Dept. of Finance
Writ compelling Dept. of Finance to inform Legislature about needed appropriation is issued in error where Dept. had no duty to perform acts.
Government May 26, 2011
Roberts v. Commissioner of the Social Security Administration
ALJ is not required to give social security disability claimant extra information on value of having attorney, or options for securing one.
Government May 25, 2011
General Dynamics Corp. v. United States
In dispute where disclosure of state secrets precludes valid defense, proper remedy is to leave parties where they were on day of filing suit.
Government May 24, 2011
Union of American Physicians and Dentists v. Brown
Court errs in invalidating state employee furlough program for lack of evidence that program interferes with objectives for which special fund was created.
Government May 18, 2011
Schindler Elevator Corp. v. United States
Agency’s written response to requests under Freedom of Information Act constitutes ‘report’ under False Claims Act, barring suit.
Government May 17, 2011
Sacramento Co. Employees’ Retirement System v. Superior Court (Sacramento Bee)
Court properly orders disclosure of pension benefits received by retirees because disclosure was not covered under exemption within Public Records Act.
Government May 12, 2011
Watkins v. United States Bureau of Customs and Border Protection
Trade secret exemption under Freedom of Information Act applies to requests for all notices of seizure of infringing merchandise made on imported goods.
Government May 9, 2011
Gonzalez v. Dept. of Corrections and Rehabilitation
Agency must apply for disability retirement on behalf of civil service employee if employee is unable to perform functions of other available jobs.
Government May 6, 2011
Newton-Enloe v. Horton
Statutory requirement to submit safe drinking water plan is not suspended based on deletion of fee provision for covering cost of preparing plan.
Government Apr. 4, 2011
Islamic Shura Council of Southern California v. FBI
District court errs in issuing order to unseal Sealed Order containing sensitive information, which FBI withheld under Freedom of Information Act, despite government’s misconduct.
Government Mar. 31, 2011
Epstein v. Superior Court (Brown)
Appellate proceeding contesting trial court’s refusal to issue preliminary injunction against sale of government buildings is moot after government subsequently cancels sale.
Government Mar. 31, 2011
California Medical Association v. Brown
Loan from Contingent Fund of Medical Board to help balance state budget is proper since loan did not interfere with Board’s functions.
Government Mar. 31, 2011