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Basden v. Wagner
Mother’s full-time In-Home Supportive Services program funded care of disabled child does not constitute full-time employment for purposes of program.
Administrative Agencies Feb. 4, 2010
Opinion of Brown
Under Vehicle Code, 'unusually large or heavy load' is defined as load exceeding statutory limits and posing risks inadequately covered by insurance.
Administrative Agencies Feb. 1, 2010
Hardisty v. Astrue
Equal Access to Justice Act does not authorize awards of attorney fees for undecided, challenged agency positions.
Administrative Agencies Jan. 26, 2010
Diquisto v. County of Santa Clara
County does not expend public funds for partisan campaign activities by discussing ballot initiative to require arbitration during labor negotiations.
Administrative Agencies Jan. 25, 2010
County of Kern v. California Dept. of Health Services
Hospital is not entitled to payments at neonatal intensive care unit rate where staffing ratio was over one nurse to two patients.
Administrative Agencies Jan. 15, 2010
Blue Cross of California Inc. v. Superior Court (People)
City attorney has authority to bring suit against managed health care service insurer under unfair competition law and false advertising law.
Administrative Agencies Jan. 14, 2010
NRG Power Marketing LLC v. Maine Public Utilities Commission
Presumption that electricity rate set by freely negotiated wholesale-energy contract is ‘just and reasonable’ applies to noncontracting third party complainants.
Administrative Agencies Jan. 14, 2010
Blue Cross of California Inc. v. Superior Court (People)
City attorney has authority to bring suit against managed health care service insurer under unfair competition law and false advertising law.
Administrative Agencies Dec. 17, 2009
Murray Co. v. California Occupational Safety and Health Appeals Board (California Dept. of Industrial Relations, Division of Occupational Safety and Health)
California Occupational Safety and Health Appeals Board properly denies petition for reconsideration where appellant failed to provide copies of citations.
Administrative Agencies Dec. 16, 2009
Golden Drugs Co. Inc. v. Maxwell-Jolly
Termination of Medi-Cal provisional provider license by Dept. of Health Care Services is proper where technician dispensed medication without pharmacist’s supervision.
Administrative Agencies Dec. 10, 2009
California Groundwater Association v. Semitropic Water Storage District
When governed by Water Code, party involved in water well drilling is not exempt from licensing requirement, despite public entity status.
Administrative Agencies Nov. 22, 2009
Levine v. Vilsack
Plaintiffs seeking humane slaughter for poultry lack standing where there is no redress available in scope of case.
Administrative Agencies Nov. 22, 2009
California Groundwater Association v. Semitropic Water Storage District
When governed by Water Code, party involved in water well drilling is not exempt from licensing requirement, despite public entity status.
Administrative Agencies Nov. 9, 2009
Medical Development International v. California Dept. of Corrections and Rehabilitation
Receiver does not have absolute immunity when sued in official capacity and claim addressed receiver’s specific actions.
Administrative Agencies Nov. 1, 2009
Corona v. State of California
Public entity is not immune from liability where it allowed boxer to fight without receiving passing HIV test.
Administrative Agencies Oct. 25, 2009
Dept. of Transportation v. State Personnel Board (Kendrick)
Evidence recovered in illegal search by California Highway Patrol is not barred by exclusionary rule during administrative review of employment termination.
Administrative Agencies Oct. 21, 2009
Matus v. Board of Administration of California Public Employees' Retirement System
Administrative law judge's proposed decision is adopted where agency failed to order transcript within 100 days of rejecting decision.
Administrative Agencies Sep. 10, 2009
Wences v. City of Los Angeles
Discipline imposed on public employee subject to the independent judgment standard of review where employee's career advancement could be affected.
Administrative Agencies Sep. 3, 2009
Kling v. Superior Court (People)
Prosecutor has limited role in regards to whether defendant is entitled to third-party documents.
Administrative Agencies Sep. 2, 2009
Watson v. Superior Court (Medical Board of California)
Suspension of doctor's license to practice is proper where doctor was arrested for driving while intoxicated on four occasions.
Administrative Agencies Aug. 27, 2009
Lone Star Security & Video Inc. v. Bureau of Security and Investigative Services
Alarm company manager’s license may be revoked where conviction for disturbing the peace was substantially related to his job functions.
Administrative Agencies Aug. 25, 2009
Miyamoto v. Dept. of Motor Vehicles
Lab report is admissible under public employee records exception where report stated that results were recorded at time of analysis.
Administrative Agencies Aug. 21, 2009
Oney v. Weinberg (In re Weinberg)
Bankruptcy court may determine insolvency under Trust Fund Doctrine by examining company’s inability to pay debts or whether liabilities outweigh assets.
Administrative Agencies Aug. 13, 2009
Pacific Northwest Generating Cooperative v. Dept. of Energy
Bonneville Power Agency must offer power to direct service industrial customers at industrial firm power rate.
Administrative Agencies Aug. 7, 2009
Drake v. Superior Court (People)
Notice of appeal and application for certificate of probable cause not untimely where items filed separately within 60-day deadline.
Administrative Agencies Jul. 29, 2009
Public Citizen v. Nuclear Regulatory Commission
Nuclear Regulatory Commission’s properly refuses to identify air-based attack as threat that nuclear facilities must defend against.
Administrative Agencies Jul. 27, 2009
Porter v. Superior Court (People)
Grant of motion for new trial on penalty allegations alone does not violate double jeopardy.
Administrative Agencies Jul. 24, 2009
Naturist Action Committee v. California State Dept. of Parks & Recreation
Regulation relaxing enforcement of ban on nudity in state park is validly revoked despite failure to comply with Administrative Procedures Act.
Administrative Agencies Jul. 21, 2009
AlohaCare v. State of Hawaii
Medicaid Act does not confer federal right to contract eligibility on federally qualified health care organization.
Administrative Agencies Jul. 15, 2009
U.S. v. Ringgold
United States v. Booker does not require consideration of disparity between recommended Sentencing Guidelines range and sentence for similar state crime.
Administrative Agencies Jul. 8, 2009