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Amezcua v. L.A. County Civil Service Com.
Employee who was terminated during his extended probation was not entitled to administrative hearing before Civil Service Commission under Civil Service Rule 18.03 because he was not a permanent employee.
Administrative Agencies 2DCA/5 Jan. 22, 2020
Planned Parenthood v. U.S. Dept. of Health & Human Services
The 2018 Tier 1 Funding Opportunity Announcement that described criteria for grant selection under Teen Pregnancy Prevention Program was contrary to law.
Administrative Agencies 9th Jan. 13, 2020
San Francisco Herring Association v. U.S. Dept. of the Interior
The National Park Service's enforcement action notice and subsequent move to actually enforce fishing restrictions rendered agency action final under the APA; formal rule-making is not a prerequisite for finality.
Administrative Agencies 9th Jan. 2, 2020
Shaw v. Bank of America
Court lacks jurisdiction over loan rescission case because plaintiff failed to exhaust administrative remedies first.
Administrative Agencies 9th Dec. 30, 2019
SF Urban Forest Coalition v. City and County of San Francisco
A 'local agency' created pursuant to a state statute is a state agency, not an agency of the local municipality; thus, it need not comply with local public access rules.
Administrative Agencies 1DCA/1 Dec. 23, 2019
Assn. for Los Angeles Deputy Sheriffs v. County of Los Angeles
A public employee union need not exhaust administrative remedies before filing a lawsuit when the administrative process does not allow a class grievance on behalf of all represented employees.
Administrative Agencies 2DCA/2 Dec. 4, 2019
Natarajan v. Dignity Health
There is no constitutional right to hospital admitting privileges; private medical institution's revocation proceedings are governed by common law fair procedure rules, not procedural due process.
Administrative Agencies 3DCA Nov. 25, 2019
RSCR Inland, Inc. v. State Dept. of Public Health
The 'reasonable licensee' defense can defeat an administrative sanction by establishing a reasonable effort at complying with the applicable statute or regulation.
Administrative Agencies 4DCA/2 Nov. 19, 2019
Rojas v. Federal Aviation Administration
Freedom of Information Act and Privacy Act exemptions allowed the FAA to withhold its rules and practices for scoring its Biographical Assessment, along with plaintiff's score on the test.
Administrative Agencies 9th Oct. 23, 2019
Oduyale v. California State Board of Pharmacy
California State Board of Pharmacy's revocation of petitioner's license was supported by substantial evidence, and the Board was not required to explain its rejection of every lesser form of discipline.
Administrative Agencies 4DCA/1 Oct. 17, 2019
National Resources Defense Council Inc. v. Perry
Department of Energy regulation known as 'error-correction rule' imposed upon Department duty to publish energy conservation standards in Federal Register, and its refusal to do so violated the rule.
Administrative Agencies 9th Oct. 11, 2019
Pizzella v. Seward Ship's Drydock
C.F.R. Section 1910.134(d)(l)(iii) requires covered employers to evaluate respiratory hazards that exist in the workplace in order to determine whether respirators must be provided.
Administrative Agencies 9th Sep. 12, 2019
Animal Legal Defense Fund v. USDA
5 U.S.C. Section 552(a)(4)(B) provides district courts with authority to order agency to post records in online reading room; thus, dismissal of Freedom of Information Act claim reversed.
Administrative Agencies 9th Aug. 30, 2019
Animal Legal Defense Fund v. USDA
The term 'individual' in Freedom of Information Act's expedited process under 5 U.S.C. Section 552 552(a)(6)(E)(v)(I) does not include animals; thus, summary judgment in favor of defendant was proper.
Administrative Agencies 9th Aug. 13, 2019
Johnson v. Housing Authority of City of Oakland
Housing authority's summary of meeting discussing plaintiff's eviction coupled with the pre-termination notice was sufficient to enable plaintiff to prepare her defense.
Administrative Agencies 1DCA/4 Aug. 12, 2019
Modification: Blaser v. State Teachers' Retirement System
Under continuous accrual theory, CalSTRS could assert claims to recoup overpayments accruing three years prior to filing of this action.
Administrative Agencies 6DCA Aug. 8, 2019
Barclay Hollander Corp. v. Cal. Regional Water Quality Control
Because no Water Code provision provided for the Administrative Procedure Act to apply, appellant's challenge to the Water Board's determination based on the APA failed.
Administrative Agencies 2DCA/3 Aug. 8, 2019
Anderson v. Ghaly
Federal Nursing Home Reform Amendments provided the right to state-provided process capable of providing relief, but did not require state to implement hearing decisions directly through a state agency.
Administrative Agencies 9th Jul. 19, 2019
Oxford Preparatory Academy v. Chino Valley Unified School Dist.
District's administrative decision was quasi-adjudicatory because review of plaintiff's renewal petition required application of standards set by existing statutes and regulations, and no new policy was crafted for future application.
Administrative Agencies 4DCA/1 Jul. 15, 2019
Blaser v. State Teachers' Retirement System
Under continuous accrual theory, CalSTRS could assert claims to recoup overpayments accruing three years prior to filing of this action.
Administrative Agencies 6DCA Jul. 12, 2019
Civil Beat Law Center v. Centers for Disease Control and Prevention
Defendant failed to explain how disclosing identity or location of entity involved in regulatory violations endangered public safety when that information was already public; thus, district court erred in granting summary judgment.
Administrative Agencies 9th Jul. 11, 2019
Christensen v. Lightbourne
CalWORKs statute does not exempt funds used to pay child support from definition of 'income' and there was no indication that Legislature intended to preserve prior policy of deducting such payments from income.
Administrative Agencies CASC Jul. 9, 2019
Department of Commerce v. New York
Evidence showed that government's rationale to enforce citizenship question on 2020 census seems to have been contrived; thus, district court was warranted in remanding to agency.
Administrative Agencies USSC Jun. 28, 2019
Kisor v. Wilkie
'Auer v. Robbins' and 'Bowles v. Seminole Rock & Sand Co.' which allow courts to defer to an agency's reasonable interpretation of its own genuinely ambiguous regulations, remain in place.
Administrative Agencies USSC Jun. 27, 2019
County of Sonoma v. Gustely
Trial court abused its discretion by reducing administrative hearing officer's daily penalty rate without identifying flaws in the hearing officer's process or lack of evidentiary support for the calculation.
Administrative Agencies 1DCA/2 Jun. 26, 2019
Hoag Memorial Hospital Presbyterian v. Kent
Administrative appeal was untimely because it was filed past 60 days of receipt of the Department of Health Care Services' audit report and did not relate back to appellant's initial appeal.
Administrative Agencies 1DCA/3 Jun. 19, 2019
FTC v. Preferred Law
Showing of irreparable harm was not required to obtain injunctive relief when such relief was sought in conjunction with a statutory enforcement action where applicable statute authorized injunctive relief.
Administrative Agencies 9th Jun. 18, 2019
City and County of San Francisco v. Uber Technologies
City Attorney's administrative subpoena should be enforced against Uber because it met the requirements of 'California Restaurant Assn. v. Henning' and Uber's preemption arguments were premature.
Administrative Agencies 1DCA/3 Jun. 13, 2019
Bergelectric v. Secretary of Labor
Petitioner was not performing roofing work when it installed solar panels on a roof and it did not comply with the stricter safety standard governing work on unprotected sides and edges.
Administrative Agencies 9th Jun. 7, 2019
Plantier v. Ramona Municipal Water Dist.
Party may challenge method used to calculate fee without first having participated in Proposition 218 hearing called to consider rate increase; Proposition 218 hearing does not provide adequate remedy for methodological challenge.
Administrative Agencies CASC May 31, 2019