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County L.A. Dept. Pub. Social Svcs. v. Civil Svc. Com. L.A. County
County Civil Service Commission lacked jurisdiction over appellant's appeal that did not concern discrimination, discharge, or reduction, as required by Los Angeles County Charter Sections 35(4) and 35(6).
Government 2DCA/2 May 17, 2019
Tanimura & Antle Fresh Foods v. Salinas Union High School Dist.
In applying school impact fee applicable to residential development generally, district need not separately analyze or exclude from fee development project housing only adults.
Government 6DCA Apr. 29, 2019
SPRAWLDEF v. Dept. of Resources Recycling and Recovery
Plaintiff was not prejudiced by closed rather than open sessions when plaintiff failed to object and points were documented in a hearing transcript and explained in a written decision.
Government 3DCA Apr. 26, 2019
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 Apr. 25, 2019
Xue Lu v. United States
Because district court did not have the benefit of 'Goodyear Tire & Rubber Co. v. Haeger' when it issued an award of attorneys' fees, it failed to apply the appropriate legal framework.
Government 9th Apr. 18, 2019
Cal. Dept. of Social Services v. Marin
Foster care maintenance payment rate increases mandated by 'California State Foster Parent Assn. v. Lightbourne' do not apply retroactively to plaintiff's adopted children; thus, judgment granting petition for writ of mandate reversed.
Government 2DCA/6 Apr. 16, 2019
TransparentGov Novato v. City of Novato
Trial court properly rejected plaintiff's claim against City alleging violation of Brown Act because City responded with unconditional commitment to cease, desist from, and not repeat the past action.
Government 1DCA/1 Apr. 11, 2019
Martinez v. Public Employees' Retirement System
'Haywood v. American River Protection Dist.' and 'Smith v. City of Napa' set out relevant disability retirement law and are binding; thus, judgment denying writ of mandate challenging these cases affirmed.
Government 1DCA/2 Apr. 8, 2019
National Asian American Coalition v. Newsom
Trial court may order retransfer of funds the director of finance unlawfully appropriated from the National Mortgage Special Deposit Fund to the General Fund without violating separation of powers principles.
Government 3DCA Apr. 4, 2019
Olson v. Hornbrook Community Services Dist.
District violated Ralph M. Brown Act because it failed to adequately describe items it acted on in its consent agenda; thus, plaintiffs stated cause of action under Government Code Section 54960.1.
Government 3DCA Mar. 28, 2019
Boling v. Public Employment Relations Board
After Public Employment Relations Board made finding that City violated Meyers-Milias-Brown Act by making policy decision without meeting and conferring with unions, its compensatory remedy effectively invalidated the Initiative; thus, remedy modified.
Government 4DCA/1 Mar. 27, 2019
Retired Oakland Police v. Oakland Police and Fire
Requirement that an officer be assigned to patrol division to receive master police officer-terrorism pay compels the conclusion that MPO pay is not attached to the officer's rank; thus, trial court erred.
Government 1DCA/4 Mar. 22, 2019
Boyer v. Ventura County
Minimum candidate ballot qualifications for the office of county sheriff under Government Code Section 24004.3 do not conflict with, nor are preempted by, the California Constitution.
Government 2DCA/6 Mar. 19, 2019
Southcott v. Julian-Cuyamaca Fire Protection Dist.
District dissolution, subject to a pervasive state regulatory scheme, is an administrative act of local government controlled by the Reorganization Act, and referendum is inappropriate to challenge proposed dissolution.
Government 4DCA/1 Mar. 11, 2019
Preven v. City of Los Angeles
Brown Act violation when plaintiff was denied the opportunity to address the city council at a special meeting based on his comment at a prior committee meeting; thus, dismissal was reversed.
Government 2DCA/1 Mar. 6, 2019
Cal Fire Local 2881 v. Cal. Pub. Employees' Retirement System
Statutory-enacted benefit allowing opportunity for purchase of pension-enhancing credits is not within protection of California Constitution contract clause; may be eliminated by statutory amendment.
Government CASC Mar. 5, 2019
Mijares v. Orange Co. Employees Retirement System
Government Code Section 31453.5 contains no express limitations on the County Retirement System's authority to seek payment of Unfunded Liability; thus, Department of Education owed additional contributions to fund pension benefits.
Government 4DCA/3 Feb. 20, 2019
Save Lafayette Trees v. City of Lafayette
Actions challenging "any decision" by a "legislative body" regarding a conditional use permit, or other permit provided by a local zoning ordinance must be filed and served within 90 days of the decision.
Government 1DCA/3 Feb. 12, 2019
State Department of State Hospitals v. J.W.
Sexually Violent Predators Act provides the court with discretionary authority to involuntarily medicate an incompetent person placed with the State Hospital pre-commitment; thus, trial court's order affirmed.
Government 5DCA Jan. 17, 2019
Ricasa v. Office of Administrative Hearings
A personnel exception to the Brown Act's advance notice requirement exists when a governing board in a closed meeting only considers the employment, evaluation of performance, discipline, or dismissal of a public employee.
Government 4DCA/1 Jan. 15, 2019
Yee v. Superior Court
Employee of public entity cannot be liable for conduct that can be undertaken only by the public entity and not by an individual; thus, public entity was not vicariously liable.
Government 1DCA/2 Jan. 10, 2019
Culbertson v. Berryhill
Section 406(b)(1)(A) does not apply to the aggregate fees awarded under Sections 406(a) and (b). Instead, Sections 406(a) and (b) contain separate caps on fees, and authorize two separate pools of withheld benefits.
Government USSC Jan. 9, 2019
SummerHill Winchester LLC v. Campbell Union School Dist.
In order to impose fees on new residential developments a Board must first meet a three factor test under 'Shapell Industries, Inc. v. Governing Board.'
Government 6DCA Dec. 24, 2018
Amended Opinion: U.S. ex rel. Rose v. Stephens Institute
False Claims Act falsity standard from 'Escobar' requires two-condition threshold showing, demonstrating defendant made specific representations and failed to disclose noncompliance in way that made representations 'misleading half-truths.'
Government 9th Nov. 27, 2018
Modification: Palmieri v. Cal. State Personnel Bd.
Under Government Code Section 19582(a), even when the State Personnel Board authorizes a representative to hold a hearing, the Board maintains the discretion to grant a rehearing without violating due process.
Government 3DCA Nov. 26, 2018
County of San Diego v. Commission on State Mandates
Technical restatements do not transform existing state mandates into voter-imposed mandates; thus, the Commission erred when it treated Proposition 83 as a basis for terminating the state's obligation to reimburse Counties.
Government CASC Nov. 20, 2018
Rookaird v. BNSF Railway Co.
Under the Federal Railroad Safety Act, statements of an employer can amount to an implicit order and an employee can refuse to follow that order, provided it falls under a protected activity.
Government 9th Nov. 9, 2018
Palmieri v. Cal. State Personnel Bd.
Under Government Code Section 19582(a), even when the State Personnel Board authorizes a representative to hold a hearing, the Board maintains the discretion to grant a rehearing without violating due process.
Government 3DCA Nov. 2, 2018
Modification: National Lawyers Guild v. City of Hayward
A government agency can recover specified ancillary costs, when compliance with the request for an electronic record would require data compilation, extraction, or programming to produce the record.
Government 1DCA/3 Oct. 30, 2018
Bacilio v. City of Los Angeles
For purposes of the Public Safety Officers Procedural Bill of Rights Act's tolling period, criminal investigation is no longer pending when a final determination not to prosecute is made.
Government 2DCA/2 Oct. 29, 2018