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Estrada v. Public Employees' Retirement System
Plea agreement for a felony constitutes a "conviction" for purposes of determining public retirement benefits even if the felony conviction is later reduced to a misdemeanor.
Government 2DCA/8 Sep. 22, 2023
United Aeronautical Corp. v. United States Air Force
Because plaintiff government contractor's claim fell within the Contract Disputes Act's exclusive jurisdiction, those claims required litigation in the Court of Federal Claims.
Government 9th Sep. 8, 2023
Pico Neighborhood Association v. City of Santa Monica
The federal Voting Rights Act's majority-minority requirement is not required for a California Voting Rights Act claim.
Government CASC Aug. 25, 2023
Alliance San Diego v. City of San Diego
Though the court affirmed that citizens' initiatives for special taxes only require a simple majority, the case was remanded to determine if citizens or the city controlled the initiative.
Government 4DCA/1 Aug. 15, 2023
Committee to Support the Recall v. Logan
Trial court erred by improperly commanding Registrar to authorize use of electronic voter lists outside its examination room and to disclose redacted affidavits of voter registration.
Government 2DCA/4 Aug. 14, 2023
Silbersher v. Valeant Pharmaceuticals Int'l
In a False Claims Act case, the "substantially the same" prong of the public disclosure bar was not triggered because none of the individual public disclosures directly claimed or furnished a reasonable inference of the fraud allegations.
Government 9th Aug. 4, 2023
Leon v. County of Riverside
Riverside deputies were not immune from liability for leaving naked, deceased man uncovered during eight hour investigation since Government Claims Act only prevented liability for prosecuting or instituting an action.
Government CASC Jun. 23, 2023
Mohler v. County of Santa Clara
County's allowance of local airport's disrepair did not fall within Code of Civil Procedure Section 526a's restrictive meaning of wasteful expenditure.
Government 6DCA Jun. 12, 2023
Allen v. Milligan
The districting plan adopted by the State of Alabama for its 2022 congressional elections likely violates Section 2 of the Voting Rights Act.
Government USSC Jun. 9, 2023
U.S. ex rel. Schutte v. Supervalu Inc.
Whether pharmacies violated False Claims Act by overcharging Medicare and Medicaid required analyzing their subjective knowledge rather than questioning if it was objectively reasonable.
Government USSC Jun. 2, 2023
Rab v. Weber
County did not violate Elections Code by machine reading ballots before the election because scanning the ballots was not tantamount to accessing or releasing the vote count.
Government 3DCA May 31, 2023
Travis v. Brand
Despite outcome at trial or plaintiffs' motives for suing, awarding attorney fees to defendants in Political Reform Act suit was inappropriate where plaintiffs had a legal and factual foundation.
Government 2DCA/8 May 22, 2023
County of San Diego v. Commission on State Mandates
San Diego County could not seek reimbursement for costs incurred for a *Franklin* proceeding because the relevant statutes fit the constitutional exception for laws changing a criminal definition.
Government 4DCA/1 May 17, 2023
City of Chula Vista v. Stephenshaw
Reimbursement agreement between former redevelopment agency and sponsor city was enforceable obligation of the agency despite the apparently contingent nature of the agency's repayment obligation.
Government 3DCA May 12, 2023
Percoco v. U.S.
A private citizen could be convicted of honest-services fraud, but the jury instruction on honest-services fraud was too broad because it could criminalize private citizens properly influencing government decisions.
Government USSC May 12, 2023
Childhelp, Inc. v. City of Los Angeles
Because City was required to strictly follow its charter requirements to convey city property to a nonprofit, promissory estoppel was an unavailable remedy for a promise to give the land to the nonprofit.
Government 2DCA/7 May 9, 2023
Stack v. City of Lemoore
Jury verdict finding city liable for injury caused by uneven sidewalk was appropriate because the sidewalk defects could not be deemed "trivial" as a matter of law, despite plaintiff's familiarity with the area.
Government 5DCA May 5, 2023
Davis v. Fresno Unified School Dist.
School district's lease-leaseback arrangement for building new facility funded by bonds was not a contract within Government Code Section 52511; consequently, validation statutes were inapplicable.
Government CASC Apr. 28, 2023
Suffolk Construction Co. v. Los Angeles Unified School Dist.
Public Contract Code Section 1104 instruction to jury was irrelevant and prejudicial, requiring retrial on the issue of whether school district or contractor was liable for concrete cracking.
Government 2DCA/2 Apr. 25, 2023
Mayes v. Biden
President Biden's Task Force guidelines requiring vaccinations for Arizona federal contractors did not exceed his authority under the Procurement Act because the Act gave him broad-ranging authority to address COVID-19.
Government 9th Apr. 20, 2023
Martinez v. City of Clovis
Under the Housing Element Law, city compliance to affirmatively further fair housing requirements was mandatory and required affirmative action to meet statutory obligations.
Government 5DCA Apr. 10, 2023
Greenwood v. City of Los Angeles
The City of Los Angeles was provided governmental immunity in lawsuit alleging that its inaction in not doing more to remedy typhus outbreak caused a City employee to contract the disease.
Government 2DCA/1 Mar. 29, 2023
Malear v. State of California
Prisoner's prematurely filed claim against public entities for negligent COVID-19 response under the Government Claims Act was superseded by compliant amended complaint.
Government 1DCA/3 Mar. 15, 2023
Modification: Committee to Relocate Marilyn v. City of Palm Springs
City's approval of closing off street from vehicles for three years in order to display a 26-foot-tall statue of Marilyn Monroe violated Vehicle Code Section 21101(e) because it was not a temporary closure.
Government 4DCA/1 Mar. 3, 2023
Committee to Relocate Marilyn v. City of Palm Springs
City's approval of closing off street from vehicles for three years in order to display a 26-foot-tall statue of Marilyn Monroe violated Vehicle Code Section 21101(e) because it was not a temporary closure.
Government 4DCA/1 Feb. 27, 2023
Modification: City of Oxnard v. Starr
City must adhere to legislative initiative that created new rules for City council meetings but was not required to adhere to administrative initiative that determined how tax funds were spent.
Government 2DCA/6 Feb. 22, 2023
Stone v. Alameda Health System
Alameda Health System was liable for Labor Code violations under the sovereign powers doctrine since the enabling statute stated it was not to be considered an agency.
Government 1DCA/5 Feb. 7, 2023
Casson v. Orange County Employees Retirement System
Because CalPERS pensioner did not elect reciprocity, his disability pension with Orange County Employees Retirement System should not have been offset.
Government 4DCA/3 Feb. 1, 2023
Travis v. Brand
Prevailing defendants in a Political Reform Act suit must show that either plaintiffs pursued or continued a frivolous claim to recoup attorneys' fees and costs.
Government CASC Jan. 31, 2023
Save Livermore Downtown v. City of Livermore
City's development complied with planning and zoning laws where it was consistent with prior plans for which an Environmental Impact Report had been certified.
Government 1DCA/3 Jan. 30, 2023