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Paxton v. Bd. of Admin., CalPERS
Department of Social Services consultant's bonuses were not pensionable because they meant to compensate for additional work outside regular duties, despite completion of the extra work within normal work hours. 		Administrative Agencies California Courts of Appeal May 21, 2019
Goldstein v. Cal. Unemployment Ins. Appeals Bd.
California Unemployment Insurance Appeals Board erred in finding disability benefits did not qualify as wages for Unemployment Insurance Code Section 1277(a)'s earnings requirement purposes, but error was not prejudicial here. 		Administrative Agencies 6DCA May 2, 2019
Poncio v. Dept. of Resources Recycling and Recovery
CalRecycle's revocation of a probationary certificate was valid after a recycling center's managing employee attempted to provide something of value to a CalRecycle auditor after providing records. 		Administrative Agencies 3DCA Apr. 25, 2019
Modification: Anderson v. Shiomoto
Person with 'a disorder characterized by lapses of consciousness' may be refused issuance or renewal of driver's license under Vehicle Code Section 12806(c) despite not suffering lapse within three years. 		Administrative Agencies 4DCA/2 Mar. 7, 2019
J.B. v. U.S.
IRS Publication 1 is insufficient notice under I.R.C. Section 7602(c)(1) because it does not provide taxpayers 'reasonable notice in advance' before third-party contacts are made. 		Administrative Agencies 9th Feb. 27, 2019
Anderson v. Shiomoto
Person with 'a disorder characterized by lapses of consciousness' may be refused issuance or renewal of driver's license under Vehicle Code Section 12806(c) despite not suffering lapse within three years. 		Administrative Agencies 4DCA/2 Feb. 11, 2019
Gill v. USDOJ
Sharing of terrorism-related information through adoption of a Functional Standard was exempt from the notice and comment requirement under the Administrative Procedure Act because the dissemination of information rested in analysts' discretion. 		Administrative Agencies 9th Jan. 30, 2019
JMS Air Conditioning etc. v. Santa Monica Community College
Due to limited scope and non-fundamental nature of substitution hearing under Public Contract Code Section 4107, a limited amount of process is required; thus appellant was not deprived of due process. 		Administrative Agencies 2DCA/1 Jan. 7, 2019
Modification: Dept. of Alcoholic Beverage Control v. ABC Appeals Board
The single beverage condition does not apply to beer or malt beverages that are packaged by the manufacturer to be sold as single units and not as part of a six-pack. 		Administrative Agencies 3DCA Dec. 21, 2018
Fresno Superior Court v. PERB
Since courts must project 'impartial' image to public, rule preventing court employees from wearing clothing or accessories supporting union activity is permissible. 		Administrative Agencies 5DCA Dec. 19, 2018
State of California v. The Little Sisters of the Poor
Injunction affirmed insofar as it applies to plaintiff states; federal agencies did not have good cause in failing to follow notice and comment rulemaking under the Administrative Procedure Act. 		Administrative Agencies 9th Dec. 18, 2018
Doe v. University of Southern California
When student disciplinary proceeding determinations are based primarily on witness credibility, a private university must grant a fair hearing which requires an adjudicator to personally evaluate a witness' credibility. 		Administrative Agencies 2DCA/7 Dec. 13, 2018
Moustafa v. Bd. of Registered Nursing
A licensing board may not avoid statutory limitations and impose licensing restrictions on the basis that applicant has multiple dismissed convictions, pursuant to Penal Code 1203.4, rather than one. 		Administrative Agencies 1DCA/1 Dec. 11, 2018
Pub. Employment Relations Bd. v. Bellflower Unified School
Public Employment Relations Board declarations of noncompliance and notice are sufficient evidence to support a 'refusal' finding, and in general, the purpose of appealing such a finding, is to delay enforcement. 		Administrative Agencies 2DCA/4 Dec. 6, 2018
Dept. of Alcoholic Beverage Control (ABC) v. ABC Appeals Bd.
The single beverage condition does not apply to beer or malt beverages that are packaged by the manufacturer to be sold as single units and not as part of a six-pack. 		Administrative Agencies 3DCA Nov. 28, 2018
Hyatt v. Office of Management & Budget
Judicial review of petitioner's Administrative Procedure Act claim not barred because Paperwork Reduction Act only precludes review of decision by Office of Management and Budget to approve a collection within an agency rule. 		Administrative Agencies 9th Nov. 16, 2018
Vasquez v. Solo 1 Kustoms, Inc.
There is no private cause of action under the Automotive Repair Act; the Bureau of Automotive Repair has the authority to investigate complaints and pursue penalties and remedies. 		Administrative Agencies 2DCA/8 Sep. 14, 2018
Cal. Dept. of Industrial Relations v. AC Transit
Non-air-conditioned vehicle interiors rightly deemed 'outdoor places of employment' within state regulatory protections. 		Administrative Agencies 1DCA/4 Aug. 15, 2018
Doe v. Claremont McKenna College
Where campus disciplinary hearing depends on witness' credibility, and has potentially severe consequences, accused student entitled to question accuser (possibly indirectly through screen or via videoconference), in presence of fact-finder. 		Administrative Agencies 2DCA/1 Aug. 10, 2018
Boling v. Public Employment Relations Board
Meyers-Milias-Brown Act requires mayor to 'meet and confer' with municipal employees during process by which mayor sought to eliminate new employee pensions via voter initiative. 		Administrative Agencies CASC Aug. 3, 2018
Christie v. Georgia-Pacific
Retirement that is 'voluntary' in nature does not necessarily preclude injured employee from successfully claiming full permanent disability benefits for work-related injury. 		Administrative Agencies 9th Aug. 3, 2018
Barnes v. Berryhill
A district court improperly denied a disability appeal because the administrative law judge failed to follow proper procedure to include written judgment regarding transferability of skills. 		Administrative Agencies 9th Jul. 16, 2018
Luther v. Berryhill
ALJ erred where sufficient weight was not given to 100 percent disability rating rendered by VA, and where sufficient reasons were not given to justify action. 		Administrative Agencies 9th Jun. 5, 2018
CalPERS v. Santa Clara Valley Transportation Authority
Declaratory relief not appropriate means for review of administrative determinations; CalPERS board erred in seeking such relief to sanction its interpretation of PEPRA while administrative appeals of that interpretation were pending. 		Administrative Agencies 3DCA May 31, 2018
New Cingular Wireless PCS v. Public Utilities Commission
Intervenors' compensation award vacated where California Public Utilities Commission ignores statutory limitation imposed on its discretion requiring commission to link intervenors' contribution to 'actual' order or decision. 		Administrative Agencies 1DCA/4 Apr. 2, 2018
Amended Opinion: 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 Mar. 2, 2018
Amended Opinion: 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 Jan. 26, 2018
Amended Opinion: U.S. v. Kleinman
Defendant unsuccessful in challenging convictions relating to conspiracy to distribute marijuana arising out of purported medical marijuana collective. 		Administrative Agencies 9th Jan. 23, 2018
California Public Utilities Commission v. Federal Energy Regulatory Commission
Agency acts arbitrarily and capriciously where it bases its decision on its misinterpretation of its policy and thereby fails to provide reasoned explanation for departing from policy. 		Administrative Agencies 9th Jan. 9, 2018
Wellington v. Berryhill
Determination of onset disability date made without calling medical advisor properly affirmed where determination is based on adequate medical record and where reasonable medical expert would not disagree. 		Administrative Agencies 9th Jan. 2, 2018
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