Administrative Law Cases
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Administrative Law

2nd District Court of Appeal, Division One
Uncategorized

Fix the City v. City of Los Angeles — Mayor Bass’s Local Housing/Homelessness Emergency Declaration Was Authorized by City Code and Not Preempted by State Emergency Services Act

Second District affirms denial of a writ challenge to Los Angeles Mayor Karen Bass’s 2023 housing-and-homelessness emergency declaration, holding section 8.33 of the Los Angeles Administrative Code is not preempted by the California Emergency Services Act.

4th District Court of Appeal, Division One
Uncategorized

Bishop v. SDCERA — Public Employee’s Pension Forfeiture Survives Reduction of Felony Conviction to Misdemeanor

Fourth District holds a public employee ‘convicted’ of a job-related felony — by guilty plea — forfeits a portion of his pension benefits under Government Code section 7522.74, and that forfeiture is not undone when the felony is later reduced to a misdemeanor under Penal Code section 17

6th District Court of Appeal
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Zenith Insurance Co. v. Workers’ Compensation Appeals Board — WCAB Lacked Jurisdiction to Grant Reconsideration After 60-Day Statutory Deadline

Sixth District reverses a Workers’ Compensation Appeals Board reconsideration order, holding the Board exceeded its jurisdiction by granting reconsideration after the former section 5909 60-day deadline ran and that the narrow grounds for equitable tolling were not satisfied.

6th District Court of Appeal
Uncategorized

Santa Clara Valley Water District v. Eisenberg — Preliminary Injunction Compelling Director to Return Confidential Investigation Reports Affirmed

Sixth District affirms a mandatory preliminary injunction compelling a sitting Santa Clara Valley Water District board member to return two confidential investigation reports she removed from district facilities, holding the claim-and-delivery law did not bar parallel injunctive relief.

3rd District Court of Appeal
Uncategorized

Department of Water Resources v. Metropolitan Water District — DWR’s Bond Authority for Delta Conveyance Project Fails Validation Because the ‘Delta Program’ Is Too Vaguely Defined

Third District affirms denial of validation for Department of Water Resources bond resolutions tied to the long-running Delta Conveyance Project, holding the ‘Delta Program’ is so loosely defined that it cannot qualify as a permitted modification of the Feather River Project unit of the

1st District Court of Appeal, Division Four
Uncategorized

Vallejo City Unified School District v. Superior Court — School District Statutorily Immune for Off-Campus Student Suicide, but Not for On-Campus Pre-Death Harm

First District grants writ relief in part, holding the school district is immune under Education Code section 44808 for the death damages tied to a student’s off-campus suicide during winter break, but allowing the parents’ survival claim for on-campus harm to proceed.

2nd District Court of Appeal, Division Three
Uncategorized

Trustees of CSU v. Public Employment Relations Board — CSU Must Bargain Over Effects of Student Vaccination Policy on Faculty, but Not Yet Found in Violation

Second District holds the California State University has a duty under HEERA to bargain over reasonably foreseeable effects of its 2023 student-vaccine policy on faculty health, but vacates PERB’s violation finding because there was no substantial evidence CSU had implemented the policy or def

4th District Court of Appeal, Division One
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Mustaqeem v. City of San Diego — State Sidewalk-Vendor Law Preempts Some San Diego Vending Ordinances; Preliminary Injunction Reversed

Fourth District reverses denial of a preliminary injunction by a licensed sidewalk vendor against the City of San Diego, holding that at least two of the City’s vending ordinances — covering impoundment of merchandise and operating-hour restrictions — directly conflict with state sidewalk-vend

U.S. District Court — Southern District of California
Uncategorized

San Diego University for Integrative Studies v. Westerlund — S.D. Cal. Denies Motion to Expand the Administrative Record in Foreign-Student Certification Dispute

In an APA challenge to ICE’s withdrawal of the school’s certification to enroll foreign students, the magistrate judge refused to compel the agency to add documents to the administrative record or to allow a deposition of the deciding official, ruling that the school’s claims of mi

4th District Court of Appeal, Division Two
Uncategorized

Harmon v. Superior Court — Public Defender Has Discretion to Decline Appointment to Habeas Petitioner Under Government Code Section 27706(g)

Fourth District grants writ relief, holding that Government Code section 27706(g) gives a public defender discretion to decline appointment to represent a habeas petitioner — including a Racial Justice Act claimant — without showing unavailability.

Supreme Court
Uncategorized

City of Gilroy v. Superior Court — Public Records Act Allows Declaratory Relief Even After Records Are Disclosed, but Imposes No Three-Year Retention Duty

The California Supreme Court holds that requesters under the California Public Records Act can sometimes obtain declaratory relief even after the agency has produced everything responsive, but the statute does not impose a three-year duty to preserve records the agency has withheld as exempt.

1st District Court of Appeal, Division Four
Uncategorized

Berkeley People’s Alliance v. City of Berkeley — Brown Act Violation Adequately Alleged Where Council Moved Disrupted Meetings to Smaller Room Instead of Clearing the Original

First District reverses dismissal of a Brown Act suit, holding that plaintiffs adequately alleged the Berkeley City Council violated Government Code section 54957.9 by recessing disrupted meetings and reconvening them in a smaller room instead of clearing the original room and continuing in session

U.S. District Court — Eastern District of California
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Blose v. Commissioner of Social Security — E.D. Cal. Affirms Disability Denial Despite ALJ’s Inaccurate Statement About Treatment Records

Eastern District of California affirms a disability denial where the administrative law judge erred by stating that the claimant never reported her need to lie down — the records did show such reports — but the error was harmless because the ALJ provided independent, valid reasons to discount the te

U.S. District Court — Eastern District of California
Uncategorized

Solis v. Commissioner of Social Security — E.D. Cal. Recommends Remand Where Vocational Expert Failed to Resolve Reasoning Level Conflict with DOT

Eastern District of California recommends remanding a partial denial of Social Security disability benefits because the vocational expert’s testimony failed to adequately resolve an apparent conflict between the claimant’s limitation to simple, repetitive tasks and the Dictionary of Occu

U.S. District Court — Central District of California
Uncategorized

Karen J. H. v. Bisignano — C.D. Cal. Affirms Social Security Denial Where ALJ Reasonably Interpreted Doctor’s ‘Simple Work’ Limitation as Compatible With Routine Reasoning Levels

Magistrate Judge Karen E. Scott affirmed a Social Security denial, holding the ALJ reasonably interpreted Dr. Abrahimi’s ‘simple work’ opinion as compatible with Level Two reasoning jobs given the plaintiff’s daily activities and part-time work as a hair stylist (a Level Four

U.S. District Court — Central District of California
Uncategorized

Shawn Michael H. v. Bisignano — C.D. Cal. Reverses Social Security Denial Where Vocational Expert Failed to Resolve DOT Conflict on Walking and Standing

Magistrate Judge Karen E. Scott reversed a Social Security denial because the vocational expert failed to explain how the claimant — who could not walk or stand for six hours — could perform the ‘light work’ alternative jobs identified, where the DOT’s definition of light work pote

U.S. District Court — Southern District of California
Uncategorized

Aldurra v. State Department — S.D. Cal. Lets APA Visa-Delay Claim Proceed but Dismisses Due-Process Claim

In a U.S. citizen’s APA action seeking to compel adjudication of his Iraqi mother’s visa application that has been in administrative processing in Amman, Jordan since September 2023, the court denied dismissal of the APA unreasonable-delay claim — declining to apply the TRAC factors at t

1st District Court of Appeal, Division One
Uncategorized

Mendocino Railway v. Meyer — Skunk Train Operator Qualifies as a Public Utility With Eminent-Domain Authority

First District reverses a trial-court ruling that the Mendocino Railway (operator of the Skunk Train) was not a public utility, holding that the railroad’s federal common-carrier status and demonstrated freight and passenger service make it a public utility entitled to exercise eminent domain.

U.S. District Court — Eastern District of California
Uncategorized

Sumner v. Commissioner of Social Security — E.D. Cal. Reverses Mental RFC Denial Where ALJ Disregarded Treating Psychiatrist and ER Visits

Eastern District of California reverses an SSDI denial for a veteran with bipolar disorder, PTSD, and central sleep apnea, holding that the ALJ failed to support a mental residual functional capacity finding with substantial evidence and mischaracterized the claimant’s daily activities.

U.S. District Court — Eastern District of California
Uncategorized

Bradford v. Bisignano — E.D. Cal. Recommends Reversing Disability Denial Where ALJ Failed to Explain ‘Conservative Treatment’ Finding

A magistrate judge in the Eastern District of California recommends reversing a Social Security disability denial because the administrative law judge gave no reasons for partly discrediting the claimant’s symptom testimony and never explained what ‘conservative treatment’ meant in

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