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Tri-Counties Association v. Ventura County Public Guardian
Administrative law judge did not have to defer to Regional Center's evaluation because Department of Developmental Services-appointed ALJs are tasked with overseeing Regional Center's assessments.
Administrative Agencies 2DCA/6 May 6, 2021
Goffney v. Becerra
Department of Health and Human Services interpretation of 'enrollment application' of 42 C.F.R. Section 424.520(d) merited deference because agency's interpretation represented authoritative statement of agency, and implicated their expertise.
Administrative Agencies 9th Apr. 30, 2021
SEIU Local 87 v. National Labor Relations Board
Employees were engaged in lawful picketing because combination of their picket signs and leaflets clearly disclosed their dispute was with their primary employer and not neutral third party.
Administrative Agencies 9th Apr. 29, 2021
State of Washington v. U.S. Dept. of State
Congress precluded judicial review of both designation and undesignation of items as defense articles under International Security Assistance and Arms Export Control Act of 1976.
Administrative Agencies 9th Apr. 28, 2021
Odell v. U.S. Dept. of Health & Human Services
Because plaintiff did not present his claim to Secretary of Health and Human Services, district court lacked subject matter jurisdiction.
Administrative Agencies 9th Apr. 28, 2021
Carr v. Saul
Issue-exhaustion requirements erroneously imposed on petitioners' Appointments Clause claims because such claims are purely constitutional claims and fall outside administrative law judges' area of technical expertise.
Administrative Agencies USSC Apr. 23, 2021
Modification: Lent v. California Coastal Commission
Coastal Commission did not violate plaintiffs' due process rights by imposing larger penalty than its staff recommended, because Commission specifically advised plaintiffs it could impose penalty of up to $8 million.
Administrative Agencies 2DCA/7 Apr. 19, 2021
Modification: Sweeney v. San Francisco Bay Conservation
Public Resources Code's permit exceptions were inapplicable to project that went beyond repair and maintenance, and that was inconsistent with local protection plan.
Administrative Agencies 1DCA/3 Apr. 16, 2021
American Coatings Association, Inc. v. State Air Resources Board
State Air Resources Board's fees on manufacturers was reasonable and not a tax subject to Proposition 13.
Administrative Agencies 3DCA Apr. 14, 2021
Lent v. California Coastal Commission
Coastal Commission did not violate plaintiffs' due process rights by imposing larger penalty than its staff recommended, because Commission specifically advised plaintiffs it could impose penalty of up to $8 million.
Administrative Agencies 2DCA/7 Apr. 7, 2021
Podiatric Medical Board v. Superior Court (Redko)
Power to exclude expert testimony to counter discovery 'abuse' was not recognized as implied power of administrative law judge's statutory authority.
Administrative Agencies 1DCA/2 Apr. 1, 2021
Alpha Nu Assn. of Theta XI v. University of Southern California
Suspension of Theta Xi from University of Southern California's recognition upheld despite using modestly untimely evidence from prior pledge class.
Administrative Agencies 2DCA/4 Mar. 25, 2021
Sweeney v. San Francisco Bay Conservation
Public Resources Code's permit exceptions were inapplicable to project that went beyond repair and maintenance, and that was inconsistent with local protection plan.
Administrative Agencies 1DCA/3 Mar. 23, 2021
Transportation Division of the Intl. Assoc. - SMART v. Federal Railroad Administration
Federal Railroad Administration failed to comply with Administrative Procedure Act's notice-and-comment provisions when it issued order purporting to adopt nationwide maximum one-person crew rule for trains.
Administrative Agencies 9th Feb. 24, 2021
Gerwig v. Gordon
Showing any violation of title 17 does not rebut Evidence Code Section 664's presumption that chemical blood tests were properly conducted, yielding reliable results.
Administrative Agencies 4DCA/1 Feb. 23, 2021
Modification: City of Duarte v. State Water Resources Control Bd.
Water boards' numeric effluent limitations permit was upheld based on boards' consideration of factors under Water Code Section 13241.
Administrative Agencies 4DCA/3 Feb. 23, 2021
Ahearn v. Saul
In a Supplemental Security Income case, courts review the decision of the administrative law judge for substantial evidence.
Administrative Agencies 9th Feb. 18, 2021
Manderson-Saleh v. Regents of the University of California
Substantial compliance doctrine applied where employee's intent to assign pension beneficiary was clear despite not strictly complying with regulation for beneficiary designations.
Administrative Agencies 4DCA/1 Feb. 9, 2021
Salinas v. Railroad Retirement Bd.
United States Railroad Retirement Board's refusal to grant petitioner's request to reopen prior benefit determination was subject to judicial review.
Administrative Agencies USSC Feb. 4, 2021
Schmid v. City and County of San Francisco
Trial court properly sustained city's demurrer because authorizing removal of sculpture that had garnered significant adverse public reaction was not an abuse of discretion.
Administrative Agencies 1DCA/4 Feb. 3, 2021
City of Duarte v. State Water Resources Control Bd.
Water boards' numeric effluent limitations permit was upheld based on boards' consideration of factors under Water Code Section 13241.
Administrative Agencies 4DCA/3 Feb. 1, 2021
Axon Enterprise v. Federal Trade Commission
Under 'Thunder Basin Coal Co. v. Reich,' district court did not have jurisdiction to hear plaintiff's constitutional challenges to Federal Trade Commission's structure.
Administrative Agencies 9th Jan. 29, 2021
International Brotherhood of Teamsters v. Federal Motor Carrier Safety Administration
Federal Motor Carrier Safety Administration properly found that California's meal and rest break rules were preempted by federal law as applied to drivers of property-carrying commercial motor vehicles.
Administrative Agencies 9th Jan. 19, 2021
Modification: 11 Lagunita, LLC v. California Coastal Commission
There was no abuse of discretion in California Coastal Commission's $1 million administrative penalty against plaintiffs for violating Coastal Development Permit.
Administrative Agencies 4DCA/3 Jan. 11, 2021
Menges v. Dept. of Transportation
Trial court properly granted Caltrans' motion for summary judgment based upon design immunity.
Administrative Agencies 4DCA/3 Dec. 29, 2020
Ashe v. Saul
Plaintiff made sufficient 'reasonable showing' to rebut presumption that notice was received five days after Social Security Administration Appeals Council's decision affirming denial of disability benefits.
Administrative Agencies 9th Dec. 29, 2020
11 Lagunita, LLC v. California Coastal Commission
There was no abuse of discretion in California Coastal Commission's $1 million administrative penalty against plaintiffs for violating Coastal Development Permit.
Administrative Agencies 4DCA/3 Dec. 22, 2020
Malaga County Water Dist. v. Central Valley Regional Water Quality Control Board
Delegation of authority to increase appellant's permitted effluent flow discharge rate based on submission of additional technical evidence was improper delegation of authority.
Administrative Agencies 5DCA Dec. 14, 2020
Malaga County Water Dist. v. State Water Resources Control Board
Trial court improperly concluded that laches was not a valid equitable defense to penalties imposed under Water Code Section 13385.
Administrative Agencies 5DCA Dec. 14, 2020
Malaga County Water Dist. v. Central Valley Regional Water Quality Control Board
Although Regional Water Quality Control Board's procedural regulations constituted underground regulation, trial court incorrectly remanded to agency without considering whether use of those regulations was harmless.
Administrative Agencies 5DCA Dec. 14, 2020