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Warner v. CalPERS
A judge who becomes disabled may receive either disability or service retirement benefits under the Judges' Retirement System II Law, but not both.
Government Aug. 19, 2015
Hamdan v. United States Department of Justice
Failure to undertake segregability analysis relating to Freedom of Information Act request warrants remand as to that issue.
Government Aug. 17, 2015
Carson Harbor Village Ltd. v. City of Carson
City of Carson may deny proposed mobilehome park subdivision that is inconsistent with open space element of city's general plan.
Government Aug. 3, 2015
Newark Unifed School District v. Superior Court (Elizabeth Brazil)
Government Code Section 6254.5 is construed not to apply to an inadvertent release of privileged documents under the California Public Records Act.
Government Aug. 3, 2015
City of Petaluma v. Cohen
Department of Finance does not abuse its discretion in disapproving items relating to roadway project where no obligation exists to use bond proceeds specifically for project.
Government Aug. 2, 2015
U.S. v. Mark
Government's flimsy and controverted evidence that informant had become uncooperative and thus lost immunity should not have merited district court's ruling in government's favor.
Government Aug. 2, 2015
Castaic Lake Water Agency v. Newhall County Water District
No Brown Act violation occurs where notice given by public agency regarding closed session to discuss potential lawsuit is in substantial compliance with the Act.
Government Jul. 22, 2015
Law Offices of Marc Grossman v. Victor Elementary School District
Law firm entitled to attorney fees following successful mandamus proceeding; court abuses discretion in denying fees on ground that firm represented itself.
Government Jul. 21, 2015
Willard v. Kelley (Eric Woolery)
Orange County candidate not entitled to attorney fees under Elections Code Section 1021.5 for successfully defending against political opponent's peremptory writ of mandate.
Government Jul. 21, 2015
Schroeder ex rel. United States v. CH2M Hill
False Claims Act requires dismissal of qui tam relator convicted of conduct giving rise to alleged fraud even if relator only played minor role in fraud.
Government Jul. 16, 2015
Bridges v. City of Wildomar
City council may alter voting system from by-district to at-large election as approved by electorate for newly incorporated City of Wildomar.
Government Jul. 15, 2015
California Dept. of Corrections and Rehabilitation v. California State Personnel Board (McCauley)
The first day on which subject employment commences or takes effect must be included in calculating civil service probationary period.
Government Jul. 13, 2015
City of Azusa v. Cohen
Loans made by city's utility to former redevelopment agency are not enforceable obligations and ceased to be ratepayer money once the loans were made.
Government Jul. 8, 2015
United States ex rel. Hartpence v. Kinetic Concepts Inc.
Relator's role in public disclosure of alleged fraud is immaterial in determining whether relator qualified as 'original source' under False Claims Act.
Government Jul. 7, 2015
Honchariw v. County of Stanislaus
Inverse condemnation action does not fall within exception to 90-day limitation period because plaintiff failed to allege compensable taking was established in mandamus proceeding.
Government Jun. 25, 2015
Honchariw v. County of Stanislaus
Inverse condemnation action does not fall within exception to 90-day limitation period because plaintiff failed to allege compensable taking was established in mandamus proceeding.
Government Jun. 4, 2015
In re J.S.
Legislature's failure to endow 'honorable/dishonorable discharge' determination power in local courts when transferring jurisdiction over youths on probation, though likely an oversight, cannot be remedied by courts.
Government Jun. 4, 2015
Taylor v. Barkes
Government officials are entitled to qualified immunity for inmate's suicide where there was no clearly established right to adequate screening and prevention measures at time of inmate's death.
Government Jun. 1, 2015
Kellogg Brown & Root Services Inc. v. United States (Carter)
The Wartime Suspension of Limitations Act applies only to criminal, not civil, claims.
Government May 26, 2015
Jefferson Street Ventures v. City of Indio
City's regulation requiring shopping center developer to keep portion of property undeveloped in consideration of potential future governmental taking constitutes uncompensated de facto taking.
Government May 18, 2015
American Civil Liberties Union Foundation of Southern California v. Superior Court (County of Los Angeles)
Records generated by Automatic License Plate Reader, which aids law enforcement in criminal investigations, are exempt from disclosure under California Public Records Act.
Government May 12, 2015
In re Establishment of The Press-Enterprise as a Newspaper of General Circulation
Newspaper that was not printed or produced in Corona prior to 1923 does not qualify for printing exemption; it is not a newspaper of general circulation in Corona.
Government May 8, 2015
American Civil Liberties Union Foundation of Southern California v. Superior Court (County of Los Angeles)
Records generated by Automatic License Plate Reader, which aids law enforcement in criminal investigations, are exempt from disclosure under California Public Records Act.
Government May 6, 2015
City of San Buenaventura v. United Water Conserv. Dist.
Fees charged to city by water district are not 'property-related' under XIII D of the California Constitution.
Government Apr. 15, 2015
East West Bank v. Rio School Dist.
Public works contractor may only recover attorney fees on claim for which they are allowed when there are no common issues with other claims.
Government Apr. 1, 2015
Protect Our Benefits v. City & Co. of SF
Voter-approved proposition curtailing vested pension rights of city and county employees largely struck down.
Government Mar. 30, 2015
City of San Buenaventura v. United Water Conserv. Dist.
Fees charged to city by water district are not 'property-related' under XIII D of the California Constitution.
Government Mar. 17, 2015
City of Berkeley v. 1080 Delaware, LLC
Condition in use permit that requires adherence to unenforceable ordinance may be enforced if not challenged by application for writ of administrative mandate within 90 days.
Government Mar. 1, 2015
State Dept. of Public Health v. Superior Court (Center for Investigative Reporting)
In context of public records access, Long-Term Care Act's accessibilty provisions take precedence over Lanterman-Petris-Short Act's confidentiality provisions.
Government Feb. 19, 2015
Torres v. City of Montebello (Arakelian Enterprises Inc.)
Controversial contract executed by Mayor Pro Tempore is void ab initio where City Attorney unlawfully deemed Mayor ‘absent.’
Government Feb. 17, 2015