Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
B309151
|
Los Angeles Waterkeeper v. State Water Resources Control Bd.
State Water Resources Control Board does not have a constitutional or statutory duty to investigate or prevent unreasonable use or waste of treated water. |
Administrative Agencies |
|
H. Bendix | Mar. 1, 2023 |
B320207
|
Securus Technologies v. Public Utilities Com.
Public utilities commission's interim rate relief was proper because evidence could lead a reasonable person to find California incarcerated persons calling services providers could feasibly charge $0.05 per minute for intrastate calls. |
Administrative Agencies |
|
B. Currey | Mar. 1, 2023 |
21-15464
|
Galaza v. Mayorkas
Employment standards laid out in the Aviation and Transportation Security Act preempted the Rehabilitation Act with respect to Transportation Security Administration screener with disability. |
Administrative Agencies |
|
P. Curiam | Mar. 1, 2023 |
C094235
|
Garcia v. State Dept. of Developmental Services
Limitations period for proposed officer discipline began on date the misconduct that was used as the basis for demotion was discovered, rather than when the investigation began. |
Administrative Agencies |
|
H. Hull | Feb. 22, 2023 |
B322638
|
Modification: Griego v. City of Barstow
Although some misconduct allegations supporting fire chief's termination were overturned, remand was unnecessary where no real doubt existed city would impose same penalty based on the remaining sustained allegations. |
Administrative Agencies |
|
J. Wiley | Feb. 1, 2023 |
B309418
|
Modification: Grosz v. California Dept. of Tax & Fee Administration
Taxpayer lacked standing to bring action against Department of Tax Fee Administration since determination of whether Amazon was a "retailer" for products sold through its third-party merchant program was discretionary. |
Administrative Agencies |
|
V. Chaney | Jan. 25, 2023 |
B309418
|
Grosz v. California Dept. of Tax & Fee Administration
Taxpayer lacked standing to bring action against Department of Tax Fee Administration since determination of whether Amazon was a "retailer" for products sold through its third-party merchant program was discretionary. |
Administrative Agencies |
|
V. Chaney | Jan. 11, 2023 |
B322638
|
Griego v. City of Barstow
Although some misconduct allegations supporting fire chief's termination were overturned, remand was unnecessary where no real doubt existed city would impose same penalty based on the remaining sustained allegations. |
Administrative Agencies |
|
J. Wiley | Jan. 5, 2023 |
A160662
|
California-American Water Co. v. Marina Coast Water Dist.
Trial court erred in granting summary adjudication based on waiver because whether there was a waiver was a triable issue of fact. |
Administrative Agencies |
|
J. Richman | Dec. 29, 2022 |
D079364M
|
Morgan v. Ygrene Energy Fund, Inc.
Plaintiffs were required to exhaust administrative remedies before suing companies affiliated with Property Assessed Clean Energy loans since the assessments were considered a tax that required a verified written application. |
Administrative Agencies |
|
W. Dato | Nov. 23, 2022 |
21-16009
|
Smartt v. Kijakazi
In denying application for social security benefits, administrative law judge did not err in discounting opinion of treating physician, because "extreme limitations" described by physician were incompatible with objective medical evidence. |
Administrative Agencies |
|
L. VanDyke | Nov. 18, 2022 |
21-35890
|
Farlow v. Kijakazi
Administrative law judge properly denied plaintiff's request for disability benefits since they cited specific medical evidence to contradict non-examining physician's medical opinion. |
Administrative Agencies |
|
R. Tallman | Nov. 17, 2022 |
B306897
|
The Travelers Indemnity Co. v. Lara
The doctrine of exclusive concurrent jurisdiction did not apply where both trial court and state agency had concurrent jurisdiction, but even if it had, there was no demonstrable prejudice. |
Administrative Agencies |
|
D. Perluss | Nov. 7, 2022 |
B316346
|
GC Brothers Entertainment v. Alcoholic Beverage Control
A liquor licensee's motion to vacate a Department of Alcoholic Beverage Control decision following default should have been treated as a general denial to be supported by evidence of lack of notice later. |
Administrative Agencies |
|
V. Chaney | Nov. 3, 2022 |
D079364
|
Morgan v. Ygrene Energy Fund, Inc.
Plaintiffs were required to exhaust administrative remedies before suing companies affiliated with Property Assessed Clean Energy loans since the assessments were considered a tax that required a verified written application. |
Administrative Agencies |
|
W. Dato | Nov. 3, 2022 |
B311510
|
Miller v. Dept. of Real Estate
Administrative law judge allowing expert testimony from witnesses that were not identified until five days before the hearing did not deprive the accused of a fair hearing. |
Administrative Agencies |
|
M. Strobel | Oct. 18, 2022 |
20-73314
|
Save Our Skies LA v. Federal Aviation Administration
Although petition challenging Federal Aviation Administration orders updating flight procedures was timely, it was not timely for challenging the substance of earlier versions of those same orders. |
Administrative Agencies |
|
E. Miller | Oct. 6, 2022 |
21-35553
|
Cody v. Kijakazi
Social Security applicant was entitled to an independent decision by a new administrative law judge since earlier denial of his disability benefits was made by an improperly appointed judge. |
Administrative Agencies |
|
P. Bumatay | Sep. 9, 2022 |
B312729
|
Cam-Carson, LLC v. Carson Reclamation Authority
City of Carson could be held liable for the alleged mismanagement of its environmental agency since highly integrated public entities are not immune from alter ego liability. |
Administrative Agencies |
|
E. Grimes | Aug. 24, 2022 |
20-17416
|
Amended Opinion: Transgender Law Center v. Immigration and Customs Enforcement
ICE and DHS did not demonstrate beyond a material doubt the adequacy of their responses to plaintiffs' Freedom of Information Act requests regarding the death of a transgender asylum seeker. |
Administrative Agencies |
|
M. McKeown | Aug. 22, 2022 |
20-16846
|
White v. Kijakazi
Where claimant for disability benefits presents evidence of job-number estimates vastly disparate from vocational expert's yet allegedly using the same methodology, remand was required to resolve the inconsistency. |
Administrative Agencies |
|
W. Fletcher | Aug. 9, 2022 |
B317935
|
Modification: In re Dezi C.
Rejecting the previously used rules in evaluating harmlessness in an Indian Child Welfare Act context, the court instead asked whether the record gave any reason to believe the children may be Indian children. |
Administrative Agencies |
|
B. Hoffstadt | Jun. 29, 2022 |
B317935
|
In re Dezi C.
Rejecting the previously used rules in evaluating harmlessness in an Indian Child Welfare Act context, the court instead asked whether the record gave any reason to believe the children may be Indian children. |
Administrative Agencies |
|
B. Hoffstadt | Jun. 16, 2022 |
D079339M
|
Modification: 640 Tenth, LP v. Newsom
The Administrative Procedure Act did not apply to Governor Newsom's COVID-19 stay-at-home orders because the Emergency Act empowers the Governor to suspend any regulatory statute. |
Administrative Agencies |
|
W. Dato | Jun. 10, 2022 |
20-35741
|
Kilpatrick v. Kijakazi
An administrative law judge is not required to address evidence that does not qualify as significant probative evidence when considering Social Security disability benefits. |
Administrative Agencies |
|
D. Bress | May 31, 2022 |
19-15987
|
Allen v. Kijakazi
The prohibition of Social Security benefits to persons confined at public expense applies to persons civilly confined after a probable cause hearing under California's Sexually Violent Predator Act. |
Administrative Agencies |
|
S. Ikuta | May 25, 2022 |
D079339
|
640 Tenth, LP v. Newsom
The Administrative Procedure Act did not apply to Governor Newsom's COVID-19 stay-at-home orders because the Emergency Act empowers the Governor to suspend any regulatory statute. |
Administrative Agencies |
|
W. Dato | May 17, 2022 |
20-17416
|
Transgender Law Center v. Immigration and Customs Enforcement
ICE and DHS did not demonstrate beyond a material doubt the adequacy of their responses to plaintiffs' Freedom of Information Act requests regarding the death of a transgender asylum seeker. |
Administrative Agencies |
|
M. McKeown | May 13, 2022 |
20-17412
|
San Francisco Herring Association v. U.S. Dept. of the Interior
The National Park Service did not need to acquire a formal property interest to govern running waters because running waters cannot be owned in a traditional sense. |
Administrative Agencies |
|
D. Bress | May 11, 2022 |
21-15913
|
Vaz v. Neal
Although the Executive Office for Immigration Review had taken years to investigate plaintiff's complaint, the delay was not unreasonable. |
Administrative Agencies |
|
M. Bennett | May 10, 2022 |