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Asian Americans Advancing Justice-Los Angeles v. Padilla
The California Voting Rights Act allows the Secretary of State to assess the need for language assistance accommodations by individual precinct, not on a county-wide basis.
Government 1DCA/1 Nov. 6, 2019
City of Los Angeles v. Barr
34 U.S.C. Section 10102(a)(6) did not authorize the Department of Justice to require all Edward Byrne Memorial Justice Assistance Grant Program funding recipients comply with its notice and access conditions.
Government 9th Nov. 1, 2019
McCormick v. California Public Employees' Retirement System
Government Code Section 21156 requires employer-specific analysis under which employee's capability to perform her duties outside her usual workplace is irrelevant to eligibility for disability retirement.
Government 1DCA/1 Oct. 29, 2019
Rudick v. State Board of Optometry
Under Optometry Practice Act Section 3077, an office is defined as any place optometry is practiced and a Branch Office License is required for additional offices that service patients.
Government 1DCA/3 Oct. 15, 2019
Crooks v. Housing Authority of the City of L.A.
Providing false information about marital status is a material violation of a family's reporting obligations and is grounds for termination from the federally funded Section 8 program.
Government 2DCA/2 Oct. 7, 2019
County of L.A. v. Civil Service Com. of the County of L.A.
Sheriff's Deputy's failure to report two incidents of abuse of an inmate constituted inexcusable neglect of duties and his subsequent lies harmed the public service, making discharge the proper remedy.
Government 2DCA/1 Oct. 7, 2019
Teamsters Local 2010 v. Regents of the Univ. of Cal.
A trier of fact could reasonably find bulletin defendant sent to students regarding unionizing was an attempt to 'influence' employees' decision to join union; thus, anti-SLAPP motion was properly denied.
Government 1DCA/5 Oct. 2, 2019
Godecke ex rel. U.S. v. Kinetic Concepts
Plaintiff adequately pleaded violation of the False Claims Act and the trial court's decision to disregard plaintiff's former coworker's statements bolstering plaintiff's allegations was improper.
Government 9th Sep. 9, 2019
Weiss v. City of Del Mar
Government Code Section 65009(c)(1)(E)'s 90-day deadline applied to planning commission's ruling under City's scenic view ordinance; thus, service on City was untimely.
Government California Courts of Appeal Sep. 5, 2019
Howard Jarvis Taxpayers Assn. v. Newsom
Senate Bill No. 1107 undermines fundamental purpose of Political Reform Act of 1974 by removing ban on publicly funded election campaigns; thus, SB 1107 was invalid.
Government 3DCA Aug. 28, 2019
Huerta v. City of Santa Ana
There was no 'dangerous condition of public property' or any 'peculiar condition' that would trigger obligation by City to modify its street lighting at accident scene.
Government 4DCA/3 Aug. 27, 2019
Gates v. Blakemore
Proposed ballot initiatives were properly ruled invalid preelection because their proposed actions violated the California Constitution or the County Budget Act.
Government 4DCA/2 Aug. 27, 2019
Davis v. Mariposa County Board of Supervisors
Government Code Section 50078.17 provides that any appeal from a final judgment in an action brought under this section must be filed within 30 days or it is considered untimely.
Government 5DCA Aug. 22, 2019
Fuller v. Department of Transportation
Jury's special verdict was not inconsistent because the dangerous condition finding did not necessitate finding the dangerous condition created reasonably foreseeable risk that the relevant kind of incident would occur.
Government California Courts of Appeal Aug. 21, 2019
A.J. Fistes Corp. v. GDL Best Contractors, Inc.
Plaintiff alleged facts sufficient to establish taxpayer standing to sue to restrain the alleged illegal expenditure of public funds by School District.
Government 2DCA/7 Aug. 15, 2019
Lee v. Dept. of Parks and Recreation
Stone stairway on which plaintiff fell was at least an integral part of a trail, affording defendant immunity under Government Code Section 831.4, but award of defense costs was improper.
Government 1DCA/4 Aug. 5, 2019
Cal. Public Records Research, Inc. v. County of Alameda
Plaintiff failed to establish County's calculation of recoverable 'indirect costs' violated Government Code Section 27366; thus, County's fee for copies of official records was reasonable.
Government 1DCA/5 Jul. 24, 2019
City of Hesperia v. Lake Arrowead Comm. Serv. Dist.
Community Services District failed to establish Government Code Sections 53091(e) and 53096(a) provided an absolute or qualified exemption from compliance with City's zoning requirements.
Government 4DCA/1 Jul. 22, 2019
Quigley v. Garden Valley Fire Protection Dist.
Government Code Section 850.4 immunity is not jurisdictional, but rather operates as an affirmative defense and must be adequately pleaded as such.
Government CASC Jul. 16, 2019
City of Los Angeles v. William Barr
Department's inclusion of immigration-related scoring factors in implementing Community Oriented Policing Services grant program was within its authority to carry out the Public Safety Partnership and Community Policing Act of 1994.
Government 9th Jul. 15, 2019
Modification: Howard Jarvis Taxpayers Assn. v. Amador Water Agency
Water service fees addressed in Amador Water Agency's Resolution 2015-19 constituted tax levies for purposes of referendum under California Constitution Article II, Section 9, so referendum was unavailable to petitioners.
Government 3DCA Jul. 10, 2019
Rucho v. Common Cause
Partisan gerrymandering claims presented nonjusticiable political questions due to a lack of constitutional directives or guiding legal standards for courts to follow in resolving such claims.
Government USSC Jun. 28, 2019
Byrd v. State Personnel Bd.
Government Code Section 21198 prevented plaintiff's reinstatement at higher salary level; 'reinstatement' under this section means the same title and pay rate as formerly held.
Government 4DCA/1 Jun. 28, 2019
Howard Jarvis Taxpayers Assn. v. Amador Water Agency
Water service fees addressed in Amador Water Agency's Resolution 2015-19 constituted tax levies for purposes of referendum under California Constitution Article II, Section 9, so referendum was unavailable to petitioners.
Government 3DCA Jun. 19, 2019
Amended Opinion: Rojas v. FAA
The FAA did not show that it conducted a search reasonably calculated to uncover all relevant documents in response to plaintiff's request; thus, the district court erred in granting summary judgment.
Government 9th Jun. 19, 2019
Conger v. County of Los Angeles
Under Government Code Section 3304(b), evaluation of merit is not limited to merits of an officer's performance solely during probationary period; thus, petitioner not entitled to administrative appeal.
Government 2DCA/1 Jun. 18, 2019
Amalgamated Transit Union v. San Joaquin Reg. Transit Dist.
Public Utilities Code Sections 50150 and 99159 should be harmonized so 'elected representatives of the employees' is read to mean Board members appointed by the Amalgamated Transit Union, Local 276.
Government 3DCA Jun. 10, 2019
Smith v. Berryhill
Social Security Administration Appeals Council's dismissal of claimant's request for review due to untimeliness, after an ALJ hearing on the merits occurred, qualified claimant for judicial review under 42 U.S.C. Section 405(g).
Government USSC May 29, 2019
Kahan v. City of Richmond
Demurrer was properly sustained because plaintiff's theories were directly contradicted by statutory language authorizing defendant's charging of delinquent garbage fees as a special assessment and a lien on plaintiff's property.
Government 1DCA/1 May 28, 2019
Barber v. CA State Personnel Bd.
Appellant not entitled to increased tax liability recovery under Government Code Section 19584 caused by receiving lump sum of back pay award for improper termination of employment.
Government 4DCA/2 May 21, 2019