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Modification: Palmieri v. Cal. State Personnel Bd.
Under Government Code Section 19582(a), even when the State Personnel Board authorizes a representative to hold a hearing, the Board maintains the discretion to grant a rehearing without violating due process. 		Government 3DCA Nov. 26, 2018
County of San Diego v. Commission on State Mandates
Technical restatements do not transform existing state mandates into voter-imposed mandates; thus, the Commission erred when it treated Proposition 83 as a basis for terminating the state's obligation to reimburse Counties. 		Government CASC Nov. 20, 2018
Rookaird v. BNSF Railway Co.
Under the Federal Railroad Safety Act, statements of an employer can amount to an implicit order and an employee can refuse to follow that order, provided it falls under a protected activity. 		Government 9th Nov. 9, 2018
Palmieri v. Cal. State Personnel Bd.
Under Government Code Section 19582(a), even when the State Personnel Board authorizes a representative to hold a hearing, the Board maintains the discretion to grant a rehearing without violating due process. 		Government 3DCA Nov. 2, 2018
Modification: National Lawyers Guild v. City of Hayward
A government agency can recover specified ancillary costs, when compliance with the request for an electronic record would require data compilation, extraction, or programming to produce the record. 		Government 1DCA/3 Oct. 30, 2018
Bacilio v. City of Los Angeles
For purposes of the Public Safety Officers Procedural Bill of Rights Act's tolling period, criminal investigation is no longer pending when a final determination not to prosecute is made. 		Government 2DCA/2 Oct. 29, 2018
City of Commerce v. Argumedo
Council member's record of conviction did not show his guilty plea to obstruction of justice constituted 'malfeasance in office' and it was not a crime specifically enumerated as a disqualifying conviction. 		Government 2DCA/1 Oct. 19, 2018
San Diego Unified Port Dist. v. Cal. Coastal Commission
A core principle of the California Coastal Act of 1976 is to maximize public access to and along the coast as well as recreational opportunities in the coastal zone. 		Government 4DCA/1 Oct. 3, 2018
National Lawyers Guild v. City of Hayward
A government agency can recover specified ancillary costs, when compliance with the request for an electronic record would require data compilation, extraction, or programming to produce the record. 		Government 1DCA/3 Oct. 2, 2018
Paradise Irrigation Dist. v. Commission on State Mandates
Local water districts retain authority, notwithstanding Prop 218, to levy new fees to compensate for improved service requirements within state statute; thus statute not unfunded mandate. 		Government 3DCA Oct. 2, 2018
Citizens for Fair REU Rates v. City of Redding
Transfer of funds from utility's revenues to city's general fund not a tax, under California Constitution, where 'no evidence' that increased utility rates imposed on customers were part of fund transfer. 		Government 3DCA Aug. 28, 2018
Center for Community Action v. City of Moreno Valley
'Clear evidence' that state legislature intended to 'exclusively delegate approval of development agreements to governing bodies,' and to preclude the right of initiative-derived approval. 		Government 4DCA/1 Aug. 27, 2018
U.S. ex rel. Rose v. Stephens Institute
False Claims Act falsity standard from 'Escobar' requires two-condition threshold showing, demonstrating defendant made specific representations and failed to disclose noncompliance in way that made representations 'misleading half-truths.' 		Government 9th Aug. 27, 2018
City of Morgan Hill v. Bushey
Local citizens may by initiative invalidate zoning decision, even where such invalidation prevents locality from harmonizing general plan and zoning rules; but some other extant or potential zoning designations must be available. 		Government CASC Aug. 24, 2018
Modification: Hipsher v. Los Angeles County Employees
Under PEPRA, reduction of retirement benefits not improper where condition subsequent, here a federal felony, occurs, but due process assurances necessary. 		Government 2DCA/4 Jul. 18, 2018
National Asian American Coalition v. Brown
Principles of separation of powers do not prevent court from issuing writ of mandate directing defendants to restore misappropriated funds that were unlawfully transferred. 		Government 3DCA Jul. 11, 2018
Young v. Cal. Fish & Game Com.
A trial court did not err when it denied a plaintiff's petition for writ of mandate asking the court to force a government agency to waive an inspection fee of an animal sanctuary. 		Government 4DCA/2 Jul. 5, 2018
Daugherty v. City and Co. of San Francisco
A trial court erred when it granted a petition of writ of mandamus because its conclusions were 'based on errors of law or...not supported by substantial evidence' where notices of disciplinary action were actually timely. 		Government 1DCA/3 Jul. 2, 2018
North Carolina v. Covington
Court order overriding legislature’s remedial map reversed in part where ‘state legislatures have primary jurisdiction over legislative reapportionment.’ 		Government USSC Jun. 29, 2018
Florida v. Georgia
Florida makes legally sufficient showing ‘as to the possibility of fashioning an effective remedial decree’ where Special Master’s assumptions show such possibility. 		Government USSC Jun. 28, 2018
U.S. v. Charette
No error where court holds defendant who killed protected Endangered Species Act-protected animal was not entitled to a jury trial. 		Government 9th Jun. 27, 2018
Ortiz v. U.S.
Judgment affirmed where simultaneous service on Airforce Court of Criminal Appeals and Court of Military Commission Review does not violate 10 U.S.C. Section 973(b)(2)(A)’s office-holding ban. 		Government USSC Jun. 25, 2018
Short v. Brown
Judgment denying preliminary injunction affirmed where California's Voter Choice Act does not severely burden anyone's right to vote. 		Government 9th Jun. 25, 2018
Metropolitan Water District v. Winograd
A trial court properly set aside a hearing officer's decision where the his decision granted relief on an issue that was not yet ripe. 		Government 2DCA/2 Jun. 25, 2018
Hipsher v. Los Angeles County Employees
Under PEPRA, reduction of retirement benefits not improper where condition subsequent, here a federal felony, occurs, but due process assurances necessary. 		Government 2DCA/4 Jun. 21, 2018
St. Francis Mem. Hosp. v. CA Dept. of Pub. Health
Where Public Health Department declares fine on hospital to be 'effective immediately,' 30-day reconsideration period eliminated and thus limitations period for writ petition begins. 		Government 1DCA/1 Jun. 19, 2018
County of L.A. v. L.A. County Civil Service Commission
Where superior court remands employee discharge decision to Civil Service Commission for further review, specifically as interlocutory order, that order not appealable. 		Government 2DCA/3 Apr. 16, 2018
Small Property Owners, etc., v. City and County of San Francisco
State law preempts local ordinance that imposes 10-year delays on housing modifications after landlords evict tenants pursuant to the state law. 		Government 1DCA/2 Apr. 13, 2018
Urgent Care Medical Services v. City of Pasadena
In keeping with Proposition 64's conditions, City of Pasadena's ordinance is allowed to keep medicinal marijuana dispensaries from operating within its city limits. 		Government 2DCA/4 Mar. 30, 2018
Texas v. New Mexico
United States may pursue compact claims against state where SCOTUS permits such action to allow U.S. to defend ‘distinctively federal interests.’ 		Government USSC Mar. 6, 2018
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