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Modification: Communities for a Better Environment v. Energy Resources
Public Resources Code Section 25531 unconstitutionally abridges superior and appellate courts' original jurisdiction to hear Energy Resources Conservation and Development Commission siting decisions.
Administrative Agencies 1DCA/4 Dec. 10, 2020
Ventura Coastal v. Occupational Safety & Health Appeals Bd.
Plaintiff should be allowed to amend its petition for writ of mandate to allege facts supporting application of equitable tolling doctrine.
Administrative Agencies 5DCA Dec. 4, 2020
Communities for a Better Environment v. Energy Resources
Public Resources Code Section 25531 unconstitutionally abridges superior and appellate courts' original jurisdiction to hear Energy Resources Conservation and Development Commission siting decisions.
Administrative Agencies 1DCA/4 Nov. 25, 2020
Modification: Communities for a Better Environment v. Energy Resources
Public Resources Code Section 25531 unconstitutionally abridges superior and appellate courts' original jurisdiction to hear Energy Resources Conservation and Development Commission siting decisions.
Administrative Agencies 1DCA/4 Nov. 25, 2020
Ortega v. Johnson
Under Manual of Policies and Procedures Section 63-603, a Department of Social Services Regulation, recipients of CalFresh benefits are entitled to have benefits restored when benefits are lost due to theft.
Administrative Agencies 2DCA/4 Nov. 19, 2020
County of Monterey v. Bosler
Trial court properly determined that agreement entered by private developer and former redevelopment agency was unenforceable under Assembly Bill 1X 26.
Administrative Agencies 3DCA Nov. 18, 2020
Lambert v. Saul
Administrative law judge correctly performed claimant's disability review without applying continuing disability presumption, but erred in failing to provide sufficient reasons for rejecting claimant's testimony about severity of her medical condition.
Administrative Agencies 9th Nov. 18, 2020
Yazdi v. Dental Board of California
Substantial evidence supported trial court's decision to deny petitioner's writ of mandate challenging Dental Board's decision to revoke his dental license.
Administrative Agencies 2DCA/1 Nov. 5, 2020
Coleman v. Saul
Administrative law judge did not err in discounting claimant's testimony based on her finding that claimant had engaged in drug-seeking behavior.
Administrative Agencies 9th Nov. 3, 2020
Deiro v. L.A. County Civil Service Commission
Civil Service Commission properly dismissed plaintiff's appeal because it had no jurisdiction to order reinstatement to a retired person whose future status as an employee is no longer at issue.
Administrative Agencies 2DCA/8 Nov. 2, 2020
Thorne v. U.S. Dept. of State
District court did not abuse its discretion in denying plaintiffs' preliminary injunction because plaintiffs did not sufficiently establish that they had been 'de facto debarred' under 22 C.F.R. Section 127.7.
Administrative Agencies 9th Oct. 27, 2020
Malott v. Summerland Sanitary Dist.
Lower court erred in requiring petitioner to exhaust administrative remedy that was inadequate to resolve petitioner's concerns.
Administrative Agencies 2DCA/6 Oct. 20, 2020
Sierra Club v. Trump
Emergency military construction authority provided by 10 U.S.C. Section 2808 did not authorize eleven border wall construction projects on the southern border of the United States.
Administrative Agencies 9th Oct. 13, 2020
Sieg v. Fogt
Evidence was sufficient to support finding that appellant willfully departed from accepted trade standards for good and workmanlike construction in violation of Business and Professions Code Section 7109(a).
Administrative Agencies 1DCA/4 Sep. 30, 2020
Ramos v. Wolf
District court abused its discretion in issuing preliminary injunction based on plaintiffs' claim under Administrative Procedure Act because claim was foreclosed from judicial review.
Administrative Agencies 9th Sep. 15, 2020
Land v. California Unemployment Insurance Appeals Board
California Unemployment Insurance Appeals Board prejudicially abused its discretion in refusing to consider additional evidence proffered by appellant.
Administrative Agencies 1DCA/1 Sep. 2, 2020
Jordan v. SSA Terminals
Credible complaints of severe, persistent, and prolonged pain can establish a prima facie case of disability, even if the claimant can literally perform his past work.
Administrative Agencies 9th Aug. 31, 2020
Maxwell v. Saul
Claimants applying for disability insurance benefits must be found 'disabled' if their skills are not readily transferable to a 'significant range of work.'
Administrative Agencies 9th Aug. 25, 2020
City of Portland v. U.S.
Provision regarding aesthetic regulations of small wireless cell facilities in Federal Communications Commission's order conflicted with Section 332 of Telephone Communications Act.
Administrative Agencies 9th Aug. 13, 2020
Barnes v. Ahlman
Court steps in to stay a preliminary injunction requiring Sheriff Don Barnes and Orange County (collectively, the Orange County Jail, or Jail) to implement certain safety measures to protect their inmates during the unprecedented COVID-19 pandemic.
Administrative Agencies USSC Aug. 10, 2020
Little v. Reclaim Idaho
An application for stay presented to Justice Kagan and by her referred to the Court is granted. The District Court in this case ordered Idaho either to certify an initiative for inclusion on the ballot without the requisite number of signatures, or to allow the initiative sponsor additional time to gather signatures through an online process of solicitation and submission never before used by the State.
Administrative Agencies USSC Aug. 5, 2020
Calvary Chapel Dayton Valley v. Sisolak
The Constitution guarantees the free exercise of religion. It says nothing about the freedom to play craps or blackjack, to feed tokens into a slot machine, or to engage in any other game of chance. But the Governor of Nevada apparently has different priorities. Claiming virtually unbounded power to restrict constitutional rights during the COVID-19 pandemic, he has issued a directive that severely limits attendance at religious services.
Administrative Agencies USSC Jul. 29, 2020
Larson v. Saul
Social Security Administration properly reduced claimant's social security retirement benefits pursuant to Windfall Elimination Provision of Social Security Act.
Administrative Agencies 9th Jul. 22, 2020
Modification: Stanford Vina Ranch Irrigation Co. v. State of Cal.
State Water Resources Control Board has authority to regulate unreasonable use of water by adopting regulations establishing minimum flow requirements protecting migration of threatened fish species during drought conditions.
Administrative Agencies 3DCA Jul. 10, 2020
Regents of the University of California v. Public Employment Relations Bd.
Public Employment Relations Board did not abuse its discretion in adding new classification into preexisting bargaining unit.
Administrative Agencies 1DCA/1 Jun. 29, 2020
Stanford Vina Ranch Irrigation Co. v. State of California
State Water Resources Control Board has authority to regulate unreasonable use of water by adopting regulations establishing minimum flow requirements protecting migration of threatened fish species during drought conditions.
Administrative Agencies 3DCA Jun. 23, 2020
United States Forest Service v. Cowpasture River Preservation Assn.
Forest Service retained its authority over trail because it entered into 'right-of-way' agreements with National Park Service, which grants easement, not jurisdiction over land.
Administrative Agencies USSC Jun. 16, 2020
South Bay United Pentecostal Church v. Gavin Newsom
In evaluating a motion for an injunction pending appeal, we consider whether the moving party has demonstrated that they are likely to succeed on the merits, that they are likely to suffer irreparable harm in the absence of preliminary relief, that the balance of equities tips in their favor, and that an injunction is in the public interest.
Administrative Agencies 9th May 27, 2020
U.S. v. Dade
The 9th Circuit decides if the appellant should be released from detention due to the risks of COVID-19. The motion for release on bail pending approval is denied. Berzon dissents.
Administrative Agencies 9th May 26, 2020
Valentine v. Collier
Inmates in a Texas geriatric prison allege the facility failed to protect them from the dangers of COVID-19. The district court issued an injunction requiring the prison to follow an extensive safety protocol, and the Fifth Circuit stayed that injunction. Application to vacate stay is denied.
Administrative Agencies USSC May 18, 2020