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Mental Health Association in California v. Schwarzenegger
Reduction of funding for specific mental health program does not violate Mental Health Services Act requiring state to fund general mental health programs.
Government Jan. 11, 2011
Opinion of Brown
Retired peace officer is not subject to exception under Assault Weapons Control Act and may not continue to possess weapon after retirement.
Government Jan. 6, 2011
Opinion of Brown
Public official cannot simultaneously serve as director of two public offices with supplier-customer relationship that provides potential for divergent interests.
Government Jan. 6, 2011
Sacks v. City of Oakland
City is allowed to use revenue indirectly to achieve ordinance’s goal, where ordinance mandates only numerical requirements, not specific method to achieve objective.
Government Jan. 5, 2011
Opinion of Brown
Elective office of city clerk is not incompatible with elective office of trustee of elementary school district in same city.
Government Dec. 20, 2010
City of Sonoma v. Superior Court (Marvin’s Gardens Cooperative Inc.)
Challenge to ordinance must be brought within 90 days of ordinance’s enactment, not enforcement proceedings, to be timely.
Government Dec. 16, 2010
P&D Consultants Inc. v. City of Carlsbad
Court errs in denying motion for nonsuit because contract between parties only allowed written amendments and did not allow for oral modification.
Government Dec. 16, 2010
Sacks v. City of Oakland
City is allowed to use revenue indirectly to achieve ordinance’s goal, where ordinance mandates only numerical requirements, not specific method to achieve objective.
Government Dec. 12, 2010
Mental Health Association in California v. Schwarzenegger
Reduction of funding for specific mental health program does not violate Mental Health Services Act requiring state to fund general mental health programs.
Government Dec. 9, 2010
Opinion of Brown
Prohibition on simultaneous holding of incompatible public offices by same individual applies to members of High-Speed Rail Authority.
Government Dec. 2, 2010
U-Haul International Inc. v. Wilcher
District court errs in failing to provide opportunity to oppose substitution of government for defendant under Westfall Act.
Government Nov. 22, 2010
Yes on 25, Citizens for an On-Time Budget v. Superior Court (Brown)
Pre-election materials prepared by Attorney General are accurate where language is not misleading and ballot’s title and summary plainly states proposition’s purpose.
Government Nov. 14, 2010
America Cargo Transport Inc. v. United States
Suits in Admiralty Act provides sovereign immunity waiver against government only where private party would be liable under admiralty law for same conduct.
Government Nov. 7, 2010
Office of the Inspector General v. Superior Court (The Sacramento Bee)
Investigative materials underlying report by Office of Inspector General on whether parole policies were adequate are exempt from disclosure under California Public Records Act.
Government Oct. 27, 2010
Keyes v. Bowen
Secretary of State does not have duty to investigate and determine whether presidential candidate meets eligibility requirements of U.S. Constitution.
Government Oct. 25, 2010
American Small Business League v. United States Small Business Administration
Freedom of Information Act does not compel phone records production with service provider that is not under ‘records management’ contract with government.
Government Oct. 17, 2010
Community House Inc. v. City of Boise
City’s lease agreement with private party to operate homeless shelter is legislative action entitling individual officials to immunity.
Government Oct. 6, 2010
Professional Engineers in California Government v. Schwarzenegger
Furlough plan is valid although governor lacked authority to unilaterally institute furlough of represented state employees without grant of authority in memorandum of understanding.
Government Oct. 4, 2010
St. John’s Well Child and Family Center v. Schwarznegger
Governor retains line-item authority to further reduce appropriations in budget that has already been reduced by Legislature to meet state's fiscal needs.
Government Oct. 4, 2010
Lux v. Rodrigues
Circuit Justice denies application for injunction where applicant's right to relief from state residency requirements for elections was not indisputably clear.
Government Oct. 3, 2010
City of Los Angeles v. Tesoro Refining and Marketing Co.
Refinery within city may buy power from private company because city does not have right to sell all power consumed within borders.
Government Sep. 23, 2010
Schram Construction Inc. v. The Regents of the University of California (Southland Industries)
University’s failure to disclose criterion used in selection of subcontract bids violates Public Contract Code, allowing university to unfairly manipulate bid selection.
Government Sep. 23, 2010
Strong v. Sutter County Board of Supervisors
Government Code Section 31000.6 does not give court authority to assign independent counsel in ex parte hearing after finding existence of conflict of interest.
Government Sep. 16, 2010
Mohamed v. Jeppesen Dataplan Inc.
State secrets doctrine bars litigation alleging that flight planning company assisted U.S. in transporting suspected terrorists to locations where they were tortured.
Government Sep. 9, 2010
City of Butte v. California Emergency Medical Services Authority Inc.
Emergency Medical Services Authority may reject grandfathering when changes that modify manner and scope of operation in existing exclusive operating areas exist.
Government Aug. 30, 2010
Schram Construction Inc. v. The Regents of the University of California (Southland Industries)
University’s failure to disclose criterion used in selection of subcontract bids violates Public Contract Code, allowing university to unfairly manipulate bid selection.
Government Aug. 25, 2010
Arntz v. Superior Court (Alioto-Pier)
Supervisor cannot ignore rounding up provision to allow her to run third term contrary to two-term limit under San Francisco City’s Charter.
Government Aug. 25, 2010
Opinion of Brown
Veteran vendors are exempt from sales and use taxes on tangible property owned and sold under Business and Professions Code.
Government Jul. 22, 2010
Gilb v. Chiang
Dept. of Personnel Administration has authority to direct State Controller to defer paying state employees’ salaries where state fails to enact budget.
Government Jul. 6, 2010
Madain v. City of Stanton
City abuses its discretion by failing to address adult business applicant's claim that he attempted to file permit application before church.
Government Jun. 25, 2010