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Andrews v. Metropolitan Transit System 1
Notice of rejection of claim for damages is defective and does not comply with Government Code Section 913(b) requirements if it does not include attorney advisement.
Government 4DCA/1 Feb. 2, 2022
Starr v. Chaparro
Voter-adopted ordinance regarding mayoral term could not be amended except by voters so petition initiative seeking to amend that ordinance should have been presented to voters instead of adopted.
Government 2DCA/6 Jan. 19, 2022
Ocean Street Extension Neighborhood v. City of Santa Cruz
A city did not violate its municipal code when it granted a planned development permit without requiring compliance with the code's slope modifications.
Government 4DCA/1 Jan. 18, 2022
Biden v. Missouri
The Secretary of Health was authorized to require vaccination against COVID-19 in order for healthcare facilities to receive Medicare and Medicaid funding.
Government USSC Jan. 18, 2022
Old East Davis Neighborhood Assn. v. City of Davis
Substantial evidence supported a city's approval of a proposed building project.
Government 3DCA Jan. 13, 2022
Jobs & Housing Coalition v. City of Oakland
Enacting a measure on a majority vote despite statements in the ballot materials indicating that a supermajority would be needed did not violate due process.
Government 1DCA/1 Jan. 4, 2022
Kalbers v. Volkswagen AG
Movant's intervention was timely when properly measured against when it became aware that its interests would no longer be protected by another party.
Government 9th Dec. 29, 2021
Save Civita Because Sudberry Won't v. City of San Diego
Where city made clear the nature of a project's overall changes and stated that prior comments will not receive a response, city did not have to summarize revisions made to a previously circulated draft environmental impact report.
Government 4DCA/1 Dec. 20, 2021
Fair Education Santa Barbara v. Santa Barbara Unified School District
Contracts for anti-bias training services were not void for failing to go through a public bidding process because the contracts were for "special services" exempt from the bidding process.
Government 2DCA/6 Dec. 16, 2021
Wheeler v. Appellate Division (People)
Local ordinances imposing liability on landlords for allowing unlicensed commercial cannabis activity were not preempted by state law when the laws were not coextensive and landlords could comply with both laws.
Government 2DCA/3 Dec. 16, 2021
Lejins v. City of Long Beach
The City of Long Beach's Measure M water surcharge could not be imposed as an incident of property ownership and therefore violated Article XIII D Section 3 of the California Constitution.
Government 2DCA/1 Dec. 3, 2021
Martinez v. City of Beverly Hills
In the context of municipal liability, constructive notice for defective sidewalks is different than liability for defective alleys because the intended uses are different.
Government 2DCA/2 Nov. 12, 2021
Haytasingh v. City of San Diego
A trial court's jury instruction to apply a local ordinance was prejudicially erroneous because the local ordinance is preempted by state law.
Government 4DCA/1 Nov. 12, 2021
U.S. v. Tan
United States Customs and Border Protection is not required to describe the subjects about which it intends to question in a summons for testimony.
Government 9th Nov. 2, 2021
Starr v. Chaparro
A city erred by adopting an initiative as an ordinance rather than placing it on the ballot.
Government 2DCA/6 Oct. 26, 2021
Schreiber v. City of Los Angeles
The City of Los Angeles was not required to affirmatively find that granting building density incentives was economically necessary for a project with affordable housing units.
Government 2DCA/6 Sep. 30, 2021
Center for Investigative Reporting v. U.S. Dept. of Justice
The 2010 Tiahrt Amendment did not prohibit ATF from disclosing the number of weapons used in crimes that were traced back to former law enforcement ownership.
Government 9th Sep. 24, 2021
Sierra Watch v. County of Placer
Under the Brown Act, a memorandum placed in the county clerk's office is not 'available for public inspection' at a time when the clerk's office is closed.
Government 3DCA Sep. 23, 2021
X.M. v. Superior Court (Hesperia Unified School District)
When a plaintiff sought treble damages for alleged sexual assault by school's employee, governmental immunity to punitive damages barred plaintiff's claim.
Government 4DCA/2 Sep. 20, 2021
California Renters Legal Advocacy and Education Fund v. City of San Mateo
A city's housing development guidelines did not qualify as objective standards under the Housing Accountability Act because linguistic ambiguities left much to the discretion of elected officials.
Government 1DCA/4 Sep. 14, 2021
Vasquez v. Dept. of Pesticide Regulation
Department of Pesticide Regulation's township cap program, governing yearly pesticide use, was an underground regulation that required replacement through formal rulemaking.
Government 1DCA/1 Sep. 10, 2021
Nowicki v. Contra Costa County Employees' Retirement
Although retiree sold back accrued vacation during year before his retirement to increase his pensionable compensation, this conduct was expressly permitted at that time and thus not improper.
Government 1DCA/2 Aug. 12, 2021
Haytasingh v. City of San Diego
Trial court erroneously instructed jury that City was exempt from Harbors and Navigation Code Section 655.2, which imposes speed limit of five miles per hour on water vessels in certain areas.
Government 4DCA/1 Jul. 12, 2021
Superior Court v. County of Alameda
Sheriff could not reduce court security if funding is insufficient under parties MOU because agreed-upon level of security 'remains in effect' until parties agree to new MOU.
Government 6DCA Jun. 21, 2021
KCSFV I, LLC v. Florin County Water District
Defendants water-rate increase violated Section 6 of Article XIII D of California Constitution because it did not reasonably represent cost of providing service.
Government 3DCA Jun. 2, 2021
Alliance For Responsible Planning v. Taylor
County's proposed amendments to County General Plan were unconstitutional because they exceeded rough proportionality between state's interest and costs of developers' projects.
Government 3DCA May 6, 2021
Newsom v. Superior Court (Gallagher)
Superior court erred in interpreting Emergency Services Act to prohibit Governor from issuing quasi-legislative orders in an emergency.
Government 3DCA May 6, 2021
Kracke v. City of Santa Barbara
Local coastal governmental entities cannot institute changes to public access to coastal zone without first obtaining coastal development permit or certified local coastal program.
Government 2DCA/6 May 5, 2021
Ruegg & Ellsworth v. City of Berkeley
Government Code Section 65913.4(a)(7)(C) applies to 'historical structures' and does not apply to landmarks that are 'sites' or 'resources.'
Government 1DCA/2 Apr. 22, 2021
Amended Opinion: U.S. v. State of Washington
HB 1723 falls within 40 U.S.C. Section 3172's waiver of federal government's immunity from state workers' compensation laws and thus did not violate doctrine of intergovernmental immunity.
Government 9th Apr. 16, 2021