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Rab v. Weber
County did not violate Elections Code by machine reading ballots before the election because scanning the ballots was not tantamount to accessing or releasing the vote count.
Government 3DCA May 31, 2023
Travis v. Brand
Despite outcome at trial or plaintiffs' motives for suing, awarding attorney fees to defendants in Political Reform Act suit was inappropriate where plaintiffs had a legal and factual foundation.
Government 2DCA/8 May 22, 2023
County of San Diego v. Commission on State Mandates
San Diego County could not seek reimbursement for costs incurred for a *Franklin* proceeding because the relevant statutes fit the constitutional exception for laws changing a criminal definition.
Government 4DCA/1 May 17, 2023
City of Chula Vista v. Stephenshaw
Reimbursement agreement between former redevelopment agency and sponsor city was enforceable obligation of the agency despite the apparently contingent nature of the agency's repayment obligation.
Government 3DCA May 12, 2023
Percoco v. U.S.
A private citizen could be convicted of honest-services fraud, but the jury instruction on honest-services fraud was too broad because it could criminalize private citizens properly influencing government decisions.
Government USSC May 12, 2023
Childhelp, Inc. v. City of Los Angeles
Because City was required to strictly follow its charter requirements to convey city property to a nonprofit, promissory estoppel was an unavailable remedy for a promise to give the land to the nonprofit.
Government 2DCA/7 May 9, 2023
Stack v. City of Lemoore
Jury verdict finding city liable for injury caused by uneven sidewalk was appropriate because the sidewalk defects could not be deemed "trivial" as a matter of law, despite plaintiff's familiarity with the area.
Government 5DCA May 5, 2023
Davis v. Fresno Unified School Dist.
School district's lease-leaseback arrangement for building new facility funded by bonds was not a contract within Government Code Section 52511; consequently, validation statutes were inapplicable.
Government CASC Apr. 28, 2023
Suffolk Construction Co. v. Los Angeles Unified School Dist.
Public Contract Code Section 1104 instruction to jury was irrelevant and prejudicial, requiring retrial on the issue of whether school district or contractor was liable for concrete cracking.
Government 2DCA/2 Apr. 25, 2023
Mayes v. Biden
President Biden's Task Force guidelines requiring vaccinations for Arizona federal contractors did not exceed his authority under the Procurement Act because the Act gave him broad-ranging authority to address COVID-19.
Government 9th Apr. 20, 2023
Martinez v. City of Clovis
Under the Housing Element Law, city compliance to affirmatively further fair housing requirements was mandatory and required affirmative action to meet statutory obligations.
Government 5DCA Apr. 10, 2023
Greenwood v. City of Los Angeles
The City of Los Angeles was provided governmental immunity in lawsuit alleging that its inaction in not doing more to remedy typhus outbreak caused a City employee to contract the disease.
Government 2DCA/1 Mar. 29, 2023
Malear v. State of California
Prisoner's prematurely filed claim against public entities for negligent COVID-19 response under the Government Claims Act was superseded by compliant amended complaint.
Government 1DCA/3 Mar. 15, 2023
Modification: Committee to Relocate Marilyn v. City of Palm Springs
City's approval of closing off street from vehicles for three years in order to display a 26-foot-tall statue of Marilyn Monroe violated Vehicle Code Section 21101(e) because it was not a temporary closure.
Government 4DCA/1 Mar. 3, 2023
Committee to Relocate Marilyn v. City of Palm Springs
City's approval of closing off street from vehicles for three years in order to display a 26-foot-tall statue of Marilyn Monroe violated Vehicle Code Section 21101(e) because it was not a temporary closure.
Government 4DCA/1 Feb. 27, 2023
Modification: City of Oxnard v. Starr
City must adhere to legislative initiative that created new rules for City council meetings but was not required to adhere to administrative initiative that determined how tax funds were spent.
Government 2DCA/6 Feb. 22, 2023
Stone v. Alameda Health System
Alameda Health System was liable for Labor Code violations under the sovereign powers doctrine since the enabling statute stated it was not to be considered an agency.
Government 1DCA/5 Feb. 7, 2023
Casson v. Orange County Employees Retirement System
Because CalPERS pensioner did not elect reciprocity, his disability pension with Orange County Employees Retirement System should not have been offset.
Government 4DCA/3 Feb. 1, 2023
Travis v. Brand
Prevailing defendants in a Political Reform Act suit must show that either plaintiffs pursued or continued a frivolous claim to recoup attorneys' fees and costs.
Government CASC Jan. 31, 2023
Save Livermore Downtown v. City of Livermore
City's development complied with planning and zoning laws where it was consistent with prior plans for which an Environmental Impact Report had been certified.
Government 1DCA/3 Jan. 30, 2023
City of Oxnard v. Starr
City must adhere to legislative initiative that created new rules for City council meetings but was not required to adhere to administrative initiative that determined how tax funds were spent.
Government 2DCA/6 Jan. 23, 2023
Law Office of Carlos R. Perez v. Whittier Union High School Dist.
Firm submitting California Voting Rights Act demand letter requesting conversion to district-based voting does not have to show prospective plaintiff incurred expenses associated with the letter to receive statutory reimbursement.
Government 2DCA/8 Jan. 13, 2023
Modification: G.I. Industries v. City of Thousand Oaks
Plaintiff was entitled to judicial declaration that CEQA-exemption determination was void where City failed to give proper 72-hour notice via inclusion as an item of business on posted meeting agenda.
Government 2DCA/6 Nov. 25, 2022
Dept. of Finance v. Commission on State Mandates
Local governments had authority to levy a fee for costs of street sweeping because the state-imposed cost, as a condition for stormwater discharge permit, was not a reimbursable mandate under the California Constitution.
Government 3DCA Nov. 22, 2022
Shouse v. County of Riverside
The one-year limitations period under the Public Safety Officer's Bill of Rights is not triggered until the public agency determines that discipline may be taken.
Government 4DCA/2 Nov. 7, 2022
G.I. Industries v. City of Thousand Oaks
Plaintiff was entitled to judicial declaration that CEQA-exemption determination was void where City failed to give proper 72-hour notice via inclusion as an item of business on posted meeting agenda.
Government 2DCA/6 Oct. 28, 2022
Modification: County of Butte v. Dept. of Water Resources
Federal Power Act did not preempt state water agency from exercising authority over its own license application to operate state's water facilities.
Government CASC Aug. 26, 2022
County of Butte v. Dept. of Water Resources
Federal Power Act did not preempt state water agency from exercising authority over its own license application to operate state's water facilities.
Government CASC Aug. 2, 2022
Simms v. Bear Valley Community Heathcare Dist.
Hospital patient's letter, which failed to comply with presentation requirements under the Government Claims Act, constituted a claim for injuries, adequate to trigger healthcare provider's duty to give notice of the insufficiencies.
Government 4DCA/2 Jun. 29, 2022
City of Coronado et al. v. San Diego Assn. of Governments et al.
Trial courts lack jurisdiction to rescind Regional Housing Needs Assessment allocation plans because the Legislature clearly intended to preclude judicial intervention in RHNA procedures.
Government 4DCA/1 Jun. 21, 2022