California Case Summaries

Administrative Law

Secondary practice area

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.

4th District Court of Appeal, Administrative Law, Litigation

Dion v. Weber — Secretary of State cannot relitigate fraud claim’s merits in payment proceeding from Victims of Corporate Fraud Compensation Fund; $50,000 per claimant cap enforced

Fourth District holds that the Secretary of State cannot relitigate the merits of an underlying fraud claim in a Victims of Corporate Fraud Compensation Fund proceeding but enforces the $50,000 per claimant statutory cap on awards.

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

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, Administrative Law, Labor & Employment Law

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(b).

6th District Court of Appeal, Administrative Law, Labor & Employment Law, Litigation

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, Administrative Law, Litigation

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, Administrative Law, Environmental Law, Litigation

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 State Water Project.

1st District Court of Appeal, Administrative Law, Litigation, Personal Injury & Tort

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, Administrative Law, Labor & Employment Law

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 definitively refused to bargain when the unfair-practice charge was filed.

4th District Court of Appeal, Administrative Law, Litigation

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-vendor protections.

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