Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
F085992
|
Knudsen v. Dept. of Motor Vehicles
Administrative public hearing officer, who acted as both an advocate and adjudicator, violated driver's due process right to an impartial adjudicator in DUI case. |
Administrative Agencies |
|
C. Poochigian | Apr. 5, 2024 |
22-35427
|
Conway v. O'Malley
Because the "medium work," six-hour limitation presumption was rebutted, the Administrative Law Judge's contrary finding was unsupported by substantial evidence meriting reversal. |
Administrative Agencies |
|
J. Sung | Mar. 27, 2024 |
21-35412
|
Ferguson v. O'Malley
It was reversible error for administrative law judge to discount disability applicant's subjective symptom testimony as inconsistent with medical evidence without offering clear and convincing reasons for doing so. |
Administrative Agencies |
|
J. Sung | Mar. 15, 2024 |
A167719
|
Temple of 1001 Buddhas et al. v. City of Fremont
Fremont's Municipal Code conflicted with Building Code Section 1.8.8.1 because it mandated an appeals process with only one assigned hearing officer rather than an appeals board. |
Administrative Agencies |
|
T. Brown | Mar. 8, 2024 |
F085832
|
TRC Operating Co. v. Shabazian 3
Regulations adopted by CalGEM requiring cessation of oil and gas operations near surface expressions were not in conflict the Public Resources Code authorizing statue. |
Administrative Agencies |
|
M. Snauffer | Mar. 5, 2024 |
B322991
|
Geffner v. Board of Psychology
Board's revocation of a psychologist's license was reversed where the psychologist evaluated two children for suicidality without their father's consent, concluding it was an emergency situation. |
Administrative Agencies |
|
L. Edmon | Mar. 1, 2024 |
C099130
|
California Privacy Protection Agency v. Superior Court (California Chamber of Commerce)
Trial court erroneously concluded that Proposition 24 implementing regulations were not enforceable on date specified by the Act. |
Administrative Agencies |
|
E. Duarte | Feb. 13, 2024 |
E078113
|
Symons Emergency Specialties v. City of Riverside
Appellant forfeited its claim on appeal when it failed to provide a fair summary of the record by not including the trial court's analysis of 30 documentary exhibits and three witnesses. |
Administrative Agencies |
|
R. Fields | Feb. 9, 2024 |
A164775
|
Abney v. State Dept. of Health Care Services
Wages withheld to satisfy an IRS debt were considered "actually available" to meet Medi-Cal recipient's needs and could be included as income in determining her benefits eligibility. |
Administrative Agencies |
|
J. Richman | Feb. 2, 2024 |
A167721
|
Modification: Center for Biological Diversity v. Public Utilities Com.
The Public Utilities Commission's successor tariff to Public Utilities Code Section 2827.1 bore a reasonable relationship to the statutory purposes and language of the Section. |
Administrative Agencies |
|
V. Rodriguez | Jan. 17, 2024 |
23-35096
|
Cross v. O'Malley
Social Security Commissioner's revised medical-evidence regulations fell within its broad authority conferred by the Social Security Act and Administrative Procedure Act. |
Administrative Agencies |
|
G. Sanchez | Jan. 8, 2024 |
A167721
|
Modification: Center for Biological Diversity v. Public Utilities Com.
The Public Utilities Commission's successor tariff to Public Utilities Code Section 2827.1 bore a reasonable relationship to the statutory purposes and language of the Section. |
Administrative Agencies |
|
V. Rodriguez | Dec. 26, 2023 |
A167721
|
Center for Biological Diversity v. Public Utilities Com.
The Public Utilities Commission's successor tariff to Public Utilities Code Section 2827.1 bore a reasonable relationship to the statutory purposes and language of the Section. |
Administrative Agencies |
|
V. Rodriguez | Dec. 22, 2023 |
22-35632
|
Glanden v. Kijakazi
Denial of social security disability insurance benefits at step two of the five-step process was improper because only a de minimis showing of disability was required to proceed with the analysis. |
Administrative Agencies |
|
R. Paez | Nov. 17, 2023 |
A165227
|
Sonoma Luxury Resort v. California Regional Water Quality Control Bd.
Failure to file timely mandamus petition seeking judicial review of regional water quality control board decision meant the decision was statutorily not subject to judicial review for any reason. |
Administrative Agencies |
|
J. Goldman | Oct. 27, 2023 |
C096704
|
Granite Construction Co. v. CalOSHA
Division of Occupational Safety and Health's citations were reversed because there was no evidence that construction workers were exposed to harmful fungus Coccidioides. |
Administrative Agencies |
|
S. Boulware Eurie | Oct. 18, 2023 |
22-35581
|
Kitchen v. Kijakazi
Administrative Law Judge did not err in excluding claimant's Veterans Affairs disability rating from analysis of disability insurance claim. |
Administrative Agencies |
|
J. Rawlinson | Sep. 15, 2023 |
22-15584
|
Federal Energy Regulatory Commission v. Vitol Inc., et al.
Five-year limitations period for a federal action to enforce a Federal Power Act penalty begins once the Federal Energy Regulatory Commission has issued a notice of proposed penalty. |
Administrative Agencies |
|
E. Miller | Aug. 21, 2023 |
21-71426
|
Backcountry Against Dumps v. Federal Aviation Administration
The Federal Aviation Administration was required to provide specific notification of second comment review to non-profit organization who had shown they were an interested party to wind turbine project. |
Administrative Agencies |
|
R. Gould | Aug. 16, 2023 |
C095659
|
Grant Park Neighborhood Assn. Advocates v. Dept. of Public Health
State Department of Public Health was required to engage in a back-and-forth interactive process with Santa Cruz law enforcement agencies before approving a needle and syringe exchange program in the county. |
Administrative Agencies |
|
S. Boulware Eurie | Aug. 15, 2023 |
G061298
|
HNHPC v. Dept. of Cannabis Control
The existence of Department of Cannabis Control contracts to design a track-and-trace system did not indisputably establish that the department had actually performed its duty to establish a proper track-and-trace system. |
Administrative Agencies |
|
M. Sanchez | Aug. 3, 2023 |
C096386
|
L & S Framing Inc. v. California Occupational Safety & Health Appeals Bd.
An opening in a second floor railing that a construction worker fell through fit the California Code of Regulations definition for "floor opening." |
Administrative Agencies |
|
G. Horst | Jul. 26, 2023 |
C095058
|
Barber Group, Inc. v. New Motor Vehicle Bd.
Car dealer protesting establishment of new dealership held and failed to satisfy burden of proof even though agency's decision considered the manufacturer's performance standards without first determining their reasonableness. |
Administrative Agencies |
|
S. Boulware Eurie | Jul. 25, 2023 |
21-71328
|
Lotus Vaping Technologies, LLC v. U.S. Food & Drug Administration
Tobacco Control ACT (TCA) authorizes the FDA to require manufactures to submit comparative health risk data. |
Administrative Agencies |
|
Jul. 10, 2023 | |
A164481
|
O'Brien v. The Regents of the University of California
Sexual harassment complaint against University of California professor was not time-barred as first "notice" was insufficient pursuant to university bylaws. |
Administrative Agencies |
|
A. Tucher | Jul. 3, 2023 |
A163054
|
Modification: Campana v. East Bay Municipal Utility District
Statute of limitations on plaintiffs' complaint invalidating water fees began when the fee structure was adopted, not when the fees were imposed, since the complaint was intended to invalidate the resolutions. |
Administrative Agencies |
|
J. Whitman | Jun. 19, 2023 |
22-55504
|
Leach v. Kijakazi
Administrative Law Judge's omission of an important qualifying adjective when questioning vocational expert about jobs available for a hypothetical person with disability claimant's mental limitations was not a harmless error. |
Administrative Agencies |
|
S. Graber | Jun. 16, 2023 |
B309151A
|
Los Angeles Waterkeeper v. State Water Resources Control Bd.
Because the State Water Board's duty to review Regional Board's wastewater discharge permit was discretionary, trial court's order requiring State Board to investigate unreasonable wastewater use was improper. |
Administrative Agencies |
|
H. Bendix | Jun. 6, 2023 |
F083743
|
Kern County Hospital Authority v. Dept. of Corrections and Rehabilitation
California Department of Corrections and Rehabilitation had a ministerial duty to obtain a mutual agreement with the hospital authority before transporting recently paroled inmates to hospital's emergency department. |
Administrative Agencies |
|
T. DeSantos | May 31, 2023 |
B317653
|
Barajas v. Sativa L.A. County Water Dist.
The Sativa Water District was not a proper party capable of being sued after it was dissolved by the State Water Resources Control Board for failure to provide proper services. |
Administrative Agencies |
|
B. Hoffstadt | May 30, 2023 |