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Strauss v. Commissioner of the Social Security Administration
District court errs in ordering payment of disability benefits based on failure to follow remand order absent finding of disability.
Government Mar. 29, 2011
City of Los Angeles v. Superior Court
Agreement to arbitrate issue of furloughs would constitute improper delegation of discretionary policymaking power vested in city council.
Government Mar. 28, 2011
Maddox v. City of Costa Mesa
Litigant and litigant's counsel are both responsible for reimbursing public entity for costs in paying subpoenaed peace officers.
Government Mar. 25, 2011
Los Angeles Haven Hospice Inc. v. Sebelius
Nationwide injunction barring further enforcement of invalid hospice cap regulation is inappropriate as to hospice providers other than plaintiff.
Government Mar. 16, 2011
McCormick v. County of Alameda
County regulation that excludes general assistance eligibility for child whose assistance fails to satisfy his subsistence needs is invalid under statute.
Government Mar. 3, 2011
Park Village Apartment Tenants Association v. Mortimer Howard Trust
Former project-based rental subsidy must allow tenants to remain in housing and accept enhanced vouchers for payment under Housing and Community Development Act.
Government Feb. 28, 2011
University of Washington Medical Center v. Sebelius
Individuals ineligible for traditional Medicaid are not ‘eligible for medical assistance’ under state’s Medicaid plan for purpose of calculating reimbursement adjustments.
Government Feb. 14, 2011
U.S. v. Global Fishing Inc.
District court does not have discretion to deny request for legal assistance under mutual legal assistance treaty between United States and Russia.
Government Feb. 2, 2011
Howard Jarvis Taxpayers Association v. Bowen (Brandt)
Attorney General, not legislature, has exclusive authority to dictate language of ballot measure’s summary under Political Reform Act of 1974.
Government Jan. 28, 2011
Mental Health Association in California v. Schwarzenegger
Reduction of funding for specific mental health program does not violate Mental Health Services Act requiring state to fund general mental health programs.
Government Jan. 11, 2011
Opinion of Brown
Retired peace officer is not subject to exception under Assault Weapons Control Act and may not continue to possess weapon after retirement.
Government Jan. 6, 2011
Opinion of Brown
Public official cannot simultaneously serve as director of two public offices with supplier-customer relationship that provides potential for divergent interests.
Government Jan. 6, 2011
Sacks v. City of Oakland
City is allowed to use revenue indirectly to achieve ordinance’s goal, where ordinance mandates only numerical requirements, not specific method to achieve objective.
Government Jan. 5, 2011
Opinion of Brown
Elective office of city clerk is not incompatible with elective office of trustee of elementary school district in same city.
Government Dec. 20, 2010
City of Sonoma v. Superior Court (Marvin’s Gardens Cooperative Inc.)
Challenge to ordinance must be brought within 90 days of ordinance’s enactment, not enforcement proceedings, to be timely.
Government Dec. 16, 2010
P&D Consultants Inc. v. City of Carlsbad
Court errs in denying motion for nonsuit because contract between parties only allowed written amendments and did not allow for oral modification.
Government Dec. 16, 2010
Sacks v. City of Oakland
City is allowed to use revenue indirectly to achieve ordinance’s goal, where ordinance mandates only numerical requirements, not specific method to achieve objective.
Government Dec. 12, 2010
Mental Health Association in California v. Schwarzenegger
Reduction of funding for specific mental health program does not violate Mental Health Services Act requiring state to fund general mental health programs.
Government Dec. 9, 2010
Opinion of Brown
Prohibition on simultaneous holding of incompatible public offices by same individual applies to members of High-Speed Rail Authority.
Government Dec. 2, 2010
U-Haul International Inc. v. Wilcher
District court errs in failing to provide opportunity to oppose substitution of government for defendant under Westfall Act.
Government Nov. 22, 2010
Yes on 25, Citizens for an On-Time Budget v. Superior Court (Brown)
Pre-election materials prepared by Attorney General are accurate where language is not misleading and ballot’s title and summary plainly states proposition’s purpose.
Government Nov. 14, 2010
America Cargo Transport Inc. v. United States
Suits in Admiralty Act provides sovereign immunity waiver against government only where private party would be liable under admiralty law for same conduct.
Government Nov. 7, 2010
Office of the Inspector General v. Superior Court (The Sacramento Bee)
Investigative materials underlying report by Office of Inspector General on whether parole policies were adequate are exempt from disclosure under California Public Records Act.
Government Oct. 27, 2010
Keyes v. Bowen
Secretary of State does not have duty to investigate and determine whether presidential candidate meets eligibility requirements of U.S. Constitution.
Government Oct. 25, 2010
American Small Business League v. United States Small Business Administration
Freedom of Information Act does not compel phone records production with service provider that is not under ‘records management’ contract with government.
Government Oct. 17, 2010
Community House Inc. v. City of Boise
City’s lease agreement with private party to operate homeless shelter is legislative action entitling individual officials to immunity.
Government Oct. 6, 2010
Professional Engineers in California Government v. Schwarzenegger
Furlough plan is valid although governor lacked authority to unilaterally institute furlough of represented state employees without grant of authority in memorandum of understanding.
Government Oct. 4, 2010
St. John’s Well Child and Family Center v. Schwarznegger
Governor retains line-item authority to further reduce appropriations in budget that has already been reduced by Legislature to meet state's fiscal needs.
Government Oct. 4, 2010
Lux v. Rodrigues
Circuit Justice denies application for injunction where applicant's right to relief from state residency requirements for elections was not indisputably clear.
Government Oct. 3, 2010
City of Los Angeles v. Tesoro Refining and Marketing Co.
Refinery within city may buy power from private company because city does not have right to sell all power consumed within borders.
Government Sep. 23, 2010