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Hudson v. Superior Court (People)
'Williamson' rule prohibits prosecuting petitioner for a felony under general statute where special statute that makes offense a misdemeanor, applies.
Government Jan. 25, 2017
San Jose Unified School District v. Santa Clara County Office of Education (Rocketship Education)
Government Code Section 53094 does not authorize county board of education to approve resolution exempting charter school from zoning ordinance; hence, resolution properly set aside.
Government Jan. 24, 2017
United States ex rel. Kelly v. Serco Inc.
Government contractor successfully fends off former analyst's False Claims Act claim under implied false certification theory, which failed to meet rigorous and demanding materiality standard.
Government Jan. 12, 2017
Cape Concord Homeowners Assoc. v. City of Escondido
Homeowners association not entitled to refund of sewer service fees paid for water used solely for irrigation because property was connected to city's sewer system.
Government Jan. 5, 2017
Hernandez v. Town of Apple Valley (Walmart Stores Inc.)
Town of Apple Valley violates California's open meeting law by adopting memorandum of understanding accepting Wal-Mart's 'gift,' which does not appear on agenda.
Government Jan. 5, 2017
City of Los Angeles v. City of Los Angeles Employee Relations Board (Dept. of Water and Power Management Employees Association)
Judgment of dismissal in favor of city employees reversed, where Government Code section 3509.5 does not apply to decisions of city's employee relations board.
Government Jan. 3, 2017
Cal Fire Local 2881 v. California Public Employees’ Retirement System
Public employees do not have vested right to purchase airtime credit under a statute that was subsequently eliminated by Public Employees' Pension Reform Act of 2013.
Government Jan. 2, 2017
County of San Diego v. Commission on State Mandates
County obligations to provide services under Sexually Violent Predator Act amended by Proposition 83 are still mandates from the Legislature, not the People, deserving reimbursement from state.
Government Dec. 28, 2016
San Joaquin County Correctional Officers Association v. County of San Joaquin
County has right to amend plans to cover pension payments under County Employees Retirement Law, despite passage of California Public Employees' Pension Reform Act staying changes until 2018.
Government Dec. 21, 2016
Orange Citizens for Parks and Recreation v. S.C. (Milan Rei IV)
Listing of property as 'open space' in city's general plan invalidates 1973 decision to designate property as 'low density,' as clerical error resulted in failure to ever update city records of change.
Government Dec. 15, 2016
Sutter Health et al. v. Eden Township Healthcare District
Grant of installment payment relief to public entity affirmed due to 'unreasonable hardship' but retroactive reduction of interest accrued prior to grant of relief requires reversal.
Government Nov. 30, 2016
City of Palo Alto v. Public Employment Relations Board (International Association of Firefighters)
Public Employment Relations Board's order directing city to rescind resolution violates doctrine of separation of powers, resulting in annulment and remand.
Government Nov. 28, 2016
San Diegans for Open Government v. City of Oceanside
City council agenda note for consideration of proposed hotel project meets requirements of Brown Act by referencing development of city property and subsidy possibilities.
Government Nov. 8, 2016
Feldman v. Arizona Secretary of State’s Office
Order
Government Nov. 6, 2016
City of San Jose v. Sharma
Successor agency of former development agency must provide tax increment revenue not subject to bond debt to County under passthrough agreement.
Government Nov. 3, 2016
City of Bakersfield v. West Park Home Owners Association and Friends
Project financed by transportation fee and utility fee revenues not violative of State Constitution's prohibition on municipal debt without voter approval.
Government Nov. 1, 2016
San Diegans for Open Government v. City of Oceanside
City council agenda note for consideration of proposed hotel project meets requirements of Brown Act by referencing development of city property and subsidy possibilities.
Government Oct. 25, 2016
Building Industry Association v. City of San Ramon
City of San Ramon's establishment of community facilities district and imposition of special taxes complied with Mello-Roos Act, defeating lawsuit challenging the tax's validity.
Government Oct. 16, 2016
Covarrubias v. Cohen (City of Winters)
Set-aside debt from now-disolved redevelopment agency not 'enforceable obligation' under Health & Saf. Code Section 33334.2.
Government Oct. 10, 2016
Cameranesi v. U.S. Department of Defense
Government successfully fends off FOIA request seeking names of students and instructors of School of the Americas Watch, relying on invasion of personal privacy exemption.
Government Oct. 2, 2016
Esparza v. Kaweah Delta District Hospital
Patient's general allegation of compliance with Government Claims Act's presentation requirement suffices to overcome Hospital's demurrer.
Government Sep. 21, 2016
Hiken v. Dept. of Defense
Party that substantially prevailed in a Freedom of Information Act action brought against Dept. of Defense entitled to recalculation of attorney fees award.
Government Sep. 6, 2016
City of Selma v. Fresno County Local Agency etc.
Local agency's violation of Government Code Section 56666(a)'s 'directory' 70-day limitation for continuance does not invalidate action taken at continued hearing.
Government Aug. 12, 2016
City of Selma v. Fresno County Local Agency Formation Commission (City of Kingsburg)
Local agency's violation of Government Code Section 56666(a)'s 'directory' 70-day limitation for continuance does not invalidate action taken at continued hearing.
Government Jul. 15, 2016
Tanner v. CalPERS
City manager has no right to have retirement benefit calculated based on higher base salary from final employment agreement where documents do not qualify as 'pay schedule.'
Government Jun. 30, 2016
McDonnell v. United States
Virginia governor bribery case remanded to 4th Circuit as government's interpretation of 'official act' is too broad.
Government Jun. 27, 2016
Kingdomware Technologies Inc. v. United States
Dept. of Veterans Affairs must apply 'Rule of Two' when awarding contracts even when Department will otherwise meet its annual minimum contracting goals.
Government Jun. 16, 2016
Universal Health Services Inc. v. United States (Escobar)
In False Claims Act suit, liability known as 'implied false certification' results in reversal and remand where Court clarifies circumstances in which Act imposes liability.
Government Jun. 16, 2016
Spring Valley Lake Association v. City of Victorville (Wal-Mart Stores Inc.)
Association wins partial victory in challenge to City of Victorville's approval of commercial retail project due in part to city's failure to make required findings.
Government Jun. 15, 2016
Brown v. Superior Court (California District Attorneys Association)
Governor Brown and proponents of criminal justice initiative measure successful in overcoming challenge to amended version of measure.
Government Jun. 6, 2016