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REPLACEMENT COPY OF TUESDAY, AUGUST 19, 2025

Name Category Published
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
City of Commerce v. Argumedo
Council member's record of conviction did not show his guilty plea to obstruction of justice constituted 'malfeasance in office' and it was not a crime specifically enumerated as a disqualifying conviction.
Government 2DCA/1 Oct. 19, 2018
San Diego Unified Port Dist. v. Cal. Coastal Commission
A core principle of the California Coastal Act of 1976 is to maximize public access to and along the coast as well as recreational opportunities in the coastal zone.
Government 4DCA/1 Oct. 3, 2018
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. 2, 2018
Paradise Irrigation Dist. v. Commission on State Mandates
Local water districts retain authority, notwithstanding Prop 218, to levy new fees to compensate for improved service requirements within state statute; thus statute not unfunded mandate.
Government 3DCA Oct. 2, 2018
Citizens for Fair REU Rates v. City of Redding
Transfer of funds from utility's revenues to city's general fund not a tax, under California Constitution, where 'no evidence' that increased utility rates imposed on customers were part of fund transfer.
Government 3DCA Aug. 28, 2018
Center for Community Action v. City of Moreno Valley
'Clear evidence' that state legislature intended to 'exclusively delegate approval of development agreements to governing bodies,' and to preclude the right of initiative-derived approval.
Government 4DCA/1 Aug. 27, 2018
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 Aug. 27, 2018
City of Morgan Hill v. Bushey
Local citizens may by initiative invalidate zoning decision, even where such invalidation prevents locality from harmonizing general plan and zoning rules; but some other extant or potential zoning designations must be available.
Government CASC Aug. 24, 2018
Modification: Hipsher v. Los Angeles County Employees
Under PEPRA, reduction of retirement benefits not improper where condition subsequent, here a federal felony, occurs, but due process assurances necessary.
Government 2DCA/4 Jul. 18, 2018
National Asian American Coalition v. Brown
Principles of separation of powers do not prevent court from issuing writ of mandate directing defendants to restore misappropriated funds that were unlawfully transferred.
Government 3DCA Jul. 11, 2018
Young v. Cal. Fish & Game Com.
A trial court did not err when it denied a plaintiff's petition for writ of mandate asking the court to force a government agency to waive an inspection fee of an animal sanctuary.
Government 4DCA/2 Jul. 5, 2018
Daugherty v. City and Co. of San Francisco
A trial court erred when it granted a petition of writ of mandamus because its conclusions were 'based on errors of law or...not supported by substantial evidence' where notices of disciplinary action were actually timely.
Government 1DCA/3 Jul. 2, 2018
North Carolina v. Covington
Court order overriding legislature’s remedial map reversed in part where ‘state legislatures have primary jurisdiction over legislative reapportionment.’
Government USSC Jun. 29, 2018