Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
E065645
|
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 | |
H041088
|
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 | |
14-56769
|
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 | |
D069620
|
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 | |
E063721
|
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 | |
B261246
|
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 | |
A142793
|
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 | |
D068657
|
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 | |
C079413
|
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 | |
S212800
|
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 | |
A146002
|
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 | |
H041407
|
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 | |
D069561
|
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 | |
16-16865
|
Feldman v. Arizona Secretary of State’s Office
Order |
Government |
|
Nov. 6, 2016 | |
C074539
|
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 | |
F071869
|
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 | |
D069561
|
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 | |
A145575
|
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 | |
C078237
|
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 | |
14-16432
|
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 | |
F071761
|
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 | |
13-17073
|
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 | |
F072147
|
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 | |
F072147
|
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 | |
C078458
|
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 | |
15-474
|
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 | |
14-916
|
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 | |
15-7
|
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 | |
D069442
|
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 | |
S232642
|
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 |