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Modification: City of Grass Valley v. Cohen
Statutory amendment has retroactive effect and bears upon 2011 agreement between redevelopment agency and city, because prospective application would render amendment meaningless.
Administrative Agencies 3DCA Dec. 22, 2017
Department of Finance v. Commission on State Mandates
State-mandated requirements on a local government not expressly imposed by federal regulations are subject to subvention under 'Section 6'
Administrative Agencies 3DCA Dec. 21, 2017
Modification: City of Grass Valley v. Cohen
Statutory amendment has retroactive effect and bears upon 2011 agreement between redevelopment agency and city, because prospective application would render amendment meaningless.
Administrative Agencies 3DCA Dec. 21, 2017
Yuba City Unified School District v. California State Teachers' Retirement System
Statute of limitations barring recovery suits three years after 'discovery' of overpayment suggests inquiry notice is proper standard to apply.
Administrative Agencies 3DCA Dec. 19, 2017
Dept. of Alcoholic Bev. Control v. Alcoholic Bev. Control Appeals
Eighteen-year-old decoy's in-store identification of clerk who unlawfully sold him beer satisfies rule's face-to-face identification requirement warranting suspension of store's license.
Administrative Agencies 3DCA Dec. 18, 2017
Nat'l Mining Ass'n v. Zinke
An unconstitutional legislative veto embedded in a section of the FLPMA is severable from the withdrawal authority delegated to the Secretary of the Interior in that same subsection.
Administrative Agencies 9th Dec. 13, 2017
Monterey Coastkeeper v. Monterey County Water Resources Agency
Order requiring water resources agency to file requisite waste discharge report reversed where petitioner fails to exhaust its administrative remedies.
Administrative Agencies 6DCA Dec. 7, 2017
Fettgather v. Board of Psychology
No violation of due process where trial court does not consider, when upholding license revocation, licensing agency's justification for ordering psychologist to undergo mental evaluation.
Administrative Agencies 3DCA Dec. 5, 2017
City of Fontana et al. v. California Department of Tax and Fee Administration
Under 'McMillan' a court may not reverse an administrative agency's decision if a reasonable person would come to the same conclusion based upon the evidence before the agency.
Administrative Agencies 1DCA/2 Nov. 30, 2017
City of Grass Valley v. Cohen
Statutory amendment has retroactive effect and bears upon 2011 agreement between redevelopment agency and city, because prospective application would render amendment meaningless.
Administrative Agencies 3DCA Nov. 21, 2017
Walker v. Physical Therapy Bd. of California
Boards revocation of physical therapists license based on dangerous use of alcohol does not require separate showing that therapists conduct affected therapist's profession.
Administrative Agencies 4DCA/1 Nov. 17, 2017
Walker v. Physical Therapy Bd. of California
Boards revocation of physical therapists license based on dangerous use of alcohol does not require separate showing that therapists conduct affected therapist's profession.
Administrative Agencies 4DCA/1 Nov. 10, 2017
Leon v. Berryhill
Applicant for disability benefits not entitled to direct award of benefits on review under 'credit-as-true' rule where record leaves doubt as to disability.
Administrative Agencies 9th Nov. 8, 2017
Diedrich v. Berryhill
Administrative law judge's failure to call medical expert to determine claimant's disability onset date prejudiced claimant warranting reversal of denial of SSDI benefits.
Administrative Agencies Oct. 27, 2017
Revels v. Berryhill
Order denying supplemental security income and disability insurance benefits reversed where administrative law judge fails to provide substantial evidence for rejecting treating contradicted physician opinion.
Administrative Agencies 9th Oct. 27, 2017
Amended Opinion: Martinez v. Sessions
Where the statutory definition of finality provides no conclusive answer, a Board of Immigration Appeals order is the final administrative order for the purposes of filing a petition for review where petitioner is subject to 'conflicting and confusing ' circumstances.
Administrative Agencies 9th Oct. 13, 2017
Christensen v. Lightbourne
In determining a family's eligibility for cash aid under CalWORKs program, child support paid to benefit children living outside the home counts as family income.
Administrative Agencies 1DCA/2 Oct. 10, 2017
Amended Opinion: Popa v. Berryhill
Applicant for supplemental security income benefits successful in reversing denial of benefits, where administrative law judge improperly discounts medical professionals’ opinions.
Administrative Agencies 9th Sep. 21, 2017
U.S. v. Gorman
Order
Administrative Agencies 9th Sep. 18, 2017
Amended Opinion: Trevizo v. Berryhill
Administrative law judge erroneously denies disability claimant’s application for benefits by giving ‘little credit’ to treating physician’s uncontradicted medical opinion without providing specific, legitimate reasons.
Administrative Agencies 9th Sep. 15, 2017
City of Fontana v. California Dept. of Tax and Fee Administration
Administrative board’s decision stands where substantial evidence supports board’s conclusion, and 'reasonable administrators' could have reached same decision.
Administrative Agencies 1DCA/2 Sep. 14, 2017
Amended Opinion: U.S. v. Cervantes
Warrantless, suspicionless search of hotel room rented by defendant on 'mandatory supervision' does not violate Fourth Amendment, where such supervision is akin to parole.
Administrative Agencies 9th Sep. 13, 2017
California Correctional Peace Officers Assn v. Dept. of Corrections
Grievance allegations are not under State Personnel Board’s exclusive jurisdiction where grievance is not merit-based.
Administrative Agencies 3DCA Sep. 11, 2017
Buck v. Berryhill
Disability claimant successful in obtaining denial of benefits, where district court improperly rejects examining psychiatrist’s opinion.
Administrative Agencies 9th Sep. 6, 2017
Center for Biological Diversity v. Zinke
Fish and Wildlife Service may determine that a population segment that meets one of the Distinct Population Segment Policy’s four significance factors is insignificant where the agency’s determination is not limited to any one of the factors.
Administrative Agencies 9th Aug. 29, 2017
Yagman v. Pompeo
Rule requiring a person seeking a Freedom of Information Act request to provide a reasonable description of records sought is not a jurisdictional prerequisite.
Administrative Agencies 9th Aug. 29, 2017
Shaibi v. Berryhill
Claimant must raise issue of accuracy of vocational expert’s job estimates during administrative proceedings to preserve challenge on appeal; claimant’s failure to do so constitutes waiver.
Administrative Agencies 9th Aug. 23, 2017
Popa v. Berryhill
Applicant for supplemental security income benefits successful in reversing denial of benefits, where administrative law judge improperly discounts medical professionals’ opinions.
Administrative Agencies 9th Aug. 21, 2017
Skulason v. California Bureau of Real Estate
California Bureau of Real Estate has no duty to remove information about a licensee’s dismissed convictions from its public website where petitioner fails to show that Bureau had a clear duty.
Administrative Agencies 1DCA/1 Aug. 18, 2017
Laborin v. Berryhill
Applicant for Social Security benefits successful in winning reversal of denial of benefits due to administrative law judge’s failure to credit his symptom testimony.
Administrative Agencies 9th Aug. 17, 2017