California Case Summaries

Administrative Law

Secondary practice area

California Supreme Court, Administrative Law, Constitutional Law

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, Administrative Law, Litigation

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 there.

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

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.

4th District Court of Appeal, Administrative Law, Litigation

American Medical Response of Inland Empire v. County of San Bernardino — County Had Discretion to Pick a Different EMS Bidder Even When AMR Scored Highest

Fourth District reverses a preliminary injunction that had blocked San Bernardino County from awarding its exclusive EMS contract to a fire-services bidder over incumbent AMR, holding the County retained discretion to weigh proposals and was not required to advance only the highest-scoring bid.

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