California Case Summaries

Administrative Law

Secondary practice area

2nd District Court of Appeal, Administrative Law, Labor & Employment Law, Litigation

Div. of Occupational Safety & Health v. Uber Technologies, Inc. — Court of Appeal Upholds Cal/OSHA’s Power to Subpoena Uber Over Gig Worker’s On-the-Job Death

California's Second Appellate District held that Cal/OSHA can compel Uber to produce records about a deceased Uber Eats driver's employment status even without first proving the driver was an employee, but remanded for narrowing of overbroad document requests.

2nd District Court of Appeal, Administrative Law, Environmental Law

Sable Offshore Corp. v. California Coastal Commission — Coastal Commission May Issue Cease-and-Desist Order When County Declines Enforcement

The Second District affirmed a preliminary injunction upholding the Coastal Commission's cease-and-desist order against Sable Offshore's Las Flores Pipeline repairs, holding that a county's decision not to require permits qualifies as 'declining to act' under the Coastal Act — triggering the Commission's independent enforcement authority.

Ninth Circuit Court of Appeals, Administrative Law, Environmental Law

Yurok Tribe v. Klamath Water Users Association — Ninth Circuit Holds Endangered Species Act Applies to Bureau of Reclamation’s Klamath Project Operations

The Ninth Circuit affirmed that the Endangered Species Act's mandatory consultation requirements apply to the Bureau of Reclamation's operation of the Klamath Project, a major federal water management initiative in Northern California and Southern Oregon, rejecting the Klamath irrigation districts' argument that the ESA cannot limit water releases already required by contract.

Ninth Circuit Court of Appeals, Administrative Law, Constitutional Law, Labor & Employment Law

American Federation of Government Employees v. Trump — Ninth Circuit Vacates Injunction Against Executive Order Stripping Federal Agency Unions of Collective Bargaining Rights

The Ninth Circuit vacated a district court injunction that had blocked President Trump's Executive Order 14,251 — which stripped roughly 800,000 federal employees across multiple agencies of collective bargaining rights on national security grounds — holding that the unions failed to show a likelihood of success on their First Amendment retaliation claim.

2nd District Court of Appeal, Administrative Law, Healthcare Law, Personal Injury & Tort

Sgaraglino v. County of Ventura — LPS Act Immunizes Hospital From Wrongful Death Suit After Psychiatric Patient’s Post-Discharge Suicide

California's Second District confirms that Welfare and Institutions Code section 5113 grants absolute immunity to psychiatric hospitals for any action taken by a patient after a 5150 hold is released — including the patient's own suicide — with no exception for gross negligence.

Ninth Circuit Court of Appeals, Administrative Law, Labor & Employment Law

People of California v. FMCSA — Ninth Circuit Upholds Federal Preemption of California Meal and Rest Break Rules for Bus Drivers

The Ninth Circuit denied California's petition for review of the FMCSA's determination that California's meal and rest break rules are preempted as applied to drivers of passenger-carrying commercial motor vehicles, extending the preemption previously upheld for property-carrying vehicles.

1st District Court of Appeal, Administrative Law, Constitutional Law, Real Estate Law

Hiller v. Marin Municipal Water District — Ratepayer’s Proposition 218 Challenge Barred by Validation Statutes After Failure to Respond to District’s Validation Action

First District holds that a ratepayer’s Proposition 218 challenge to water rates is permanently barred after she failed to participate in the water district’s validation action within the 120-day window set by Government Code section 53759.

Ninth Circuit Court of Appeals, Administrative Law, Constitutional Law, Litigation

Thakur v. Trump — Ninth Circuit Rules Terminating Research Grants Over DEI Viewpoints Likely Violates the First Amendment

The Ninth Circuit held that federal agencies likely violated the First Amendment by terminating University of California research grants based on recipients' perceived viewpoints on DEI and environmental justice, while ruling that a separate class of grant termination challenges falls outside district court jurisdiction under the Tucker Act.

3rd District Court of Appeal, Administrative Law, Labor & Employment Law

Dept. of Human Resources v. CCPOA — Court of Appeal Upholds Arbitrator’s Award Reversing Union Rep’s 60-Day Suspension

The Third District Court of Appeal reversed the trial court and upheld an arbitrator’s award that set aside a correctional officer’s 60-day suspension, holding that the award did not contravene any explicit public policy despite conflicting with the State Personnel Board’s earlier ruling.

1st District Court of Appeal, Administrative Law, Labor & Employment Law, Litigation

Gibbs v. County of Humboldt — County Liable for Failing to Enroll Employee in CalPERS and Losing Personnel Records

California appeals court holds that Humboldt County can be sued for failing to enroll a 40-year court reporter in CalPERS and losing her personnel records, establishing that pension enrollment and record-keeping are mandatory duties enforceable under Government Code section 815.6.

Ninth Circuit Court of Appeals, Administrative Law, Business Transactions

Twenty-Nine Palms Band of Mission Indians v. Blanche — Ninth Circuit Holds California Cigarette Tax and Licensing Laws Apply to a Tribe’s Cigarette Sales to Other California Tribes

The Ninth Circuit affirms placement of a southern-California tribe on ATF's PACT Act non-compliant list, holding that the tribe's remote cigarette sales to other California tribes are off-reservation activities subject to California's licensing and excise-tax laws.

2nd District Court of Appeal, Administrative Law, Criminal Law

Garner v. California Victim Compensation Board — Vacatur Under Section 1172.6 Resentencing Statute Does Not Establish “Erroneous Conviction” Required for Compensation Under Section 4900

Second District holds that vacatur of a murder conviction under Penal Code section 1172.6 does not establish an "erroneous conviction" entitling the former defendant to compensation under section 4900, because Senate Bill 1437's narrowing of murder liability was a legislative act of lenity, not a determination that prior convictions were wrong.

California Supreme Court, Administrative Law, Real Estate Law

Shear Development Co. v. California Coastal Commission — Courts Decide Coastal Commission Jurisdiction Independently, and the Commission Cannot Take Appeals Just Because a Site Allows Multiple Principal Uses

The California Supreme Court holds that courts must independently review whether the Coastal Commission has appellate jurisdiction over a local permit decision and that the Commission cannot exercise that jurisdiction merely because a site allows multiple principal uses.

1st District Court of Appeal, Administrative Law, Litigation

Cleare v. Superior Court — School District Cannot Claim Impossibility Defense to Teacher Credentialing Requirements Without Exhausting State Waiver Process

First District holds that the West Contra Costa Unified School District failed to establish the impossibility defense to teacher credentialing requirements because it did not show it had exhausted available waiver processes before the Commission on Teacher Credentialing and the State Board of Education.

2nd District Court of Appeal, Administrative Law, Labor & Employment Law

L.A. County Professional Peace Officers Assn. v. County of L.A. — Union Did Not Clearly and Unmistakably Waive Right to Bargain Over Outsourcing Decision

Second District holds that a public employee union did not clearly and unmistakably waive its right to bargain over an outsourcing decision through an MOU clause referring to "reorganization," reversing dismissal of an unfair practice charge against Los Angeles County.

1st District Court of Appeal, Administrative Law, Constitutional Law

Independent Office of Law Enforcement Review v. Sonoma County Sheriff — County sheriff oversight entities have subpoena power for whistleblower investigations under Government Code section 25303.7

First District holds that Sonoma County's IOLERO has subpoena authority under Government Code section 25303.7 to investigate whistleblower complaints against the Sheriff and orders enforcement of subpoenas issued to deputies.

5th District Court of Appeal, Administrative Law, Constitutional Law

City of Fresno v. Superior Court — ‘Great bodily injury’ in Penal Code section 832.7 means significant or substantial physical injury, not the narrower ‘serious bodily injury’ standard

Fifth District holds that 'great bodily injury' in Penal Code section 832.7 carries the long-established Penal Code section 12022.7 definition of significant or substantial physical injury, requiring broader disclosure of police K-9 use-of-force records under the CPRA.

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