Justia Government & Administrative Law Opinion Summaries

In 2021, the Napa Foundation for Options in Education (Napa Foundation) filed a petition with the Napa Valley Unified School District (School District) to establish the Mayacamas Charter Middle School. The School District Board of Education denied the petition, and the Napa Foundation then submitted the petition to the Napa County Board of Education (County Board), which also denied it. The Napa Foundation appealed to the State Board of Education (State Board), which reversed the denials. The School District and the California School Boards Association’s Educational Legal Alliance (Educational Legal Alliance) filed petitions for writs of mandate to set aside the State Board’s decision.The trial court granted the writ petitions, finding that the State Board abused its discretion. The court concluded that the District Board did not provide a fair and impartial hearing process and that the County Board’s decision was supported by substantial evidence, including the fiscal impact of the proposed charter school on the School District.The California Court of Appeal, Third Appellate District, reviewed the case. The court found that the State Board’s determination that the District Board failed to provide a fair and impartial hearing was not supported by substantial evidence. The court also found that the County Board’s written factual findings, which detailed the negative fiscal impact of the proposed charter school, were supported by substantial evidence. The court concluded that the State Board’s decision to reverse the County Board’s denial was arbitrary, capricious, and entirely lacking in evidentiary support.The Court of Appeal affirmed the trial court’s judgments, upholding the denials of the charter school petition by the District Board and the County Board. The court emphasized that the State Board failed to properly apply the abuse of discretion standard in its review of the lower boards’ decisions. View "Napa Valley Unified School Dist. v. State Bd. of Education" on Justia Law

During the COVID-19 pandemic, the Board of Trustees of the California State University (CSU) mandated remote instruction. Patrick Krug, a biology professor at California State University Los Angeles, incurred expenses for necessary equipment to comply with this directive, which CSU refused to reimburse. Krug filed a lawsuit on behalf of himself and similarly situated faculty, claiming that Labor Code section 2802 required CSU to reimburse these work-related expenses. CSU argued that as a state department, it was exempt from such Labor Code provisions.The Superior Court of Los Angeles County sustained CSU’s demurrer without leave to amend, leading to a judgment of dismissal. The court reasoned that CSU, as a governmental agency, was exempt from section 2802 because the section did not explicitly apply to public employers. Krug appealed the decision.The California Court of Appeal, Second Appellate District, Division One, affirmed the lower court's judgment. The appellate court held that Labor Code section 2802 did not obligate CSU to reimburse employees for work-related expenses. The court found no express language or positive indicia in the statute or its legislative history indicating that it applied to public employers. The court also noted that applying section 2802 to CSU would infringe on its sovereign powers, as CSU has broad discretion under the Education Code to set its own equipment reimbursement policies.The California Supreme Court granted review and remanded the case for reconsideration in light of its decision in Stone v. Alameda Health System. Upon reconsideration, the appellate court again affirmed the judgment, maintaining that section 2802 does not apply to public employers like CSU. View "Krug v. Board of Trustees of the California State University" on Justia Law

Great Oaks Water Company, a private water retailer, sued the Santa Clara Valley Water District, alleging that the district’s groundwater pumping charges were unlawful taxes levied without voter approval, violating Proposition 26. Great Oaks argued that the charges exceeded the reasonable costs of the governmental activity and were unfairly allocated, benefiting other water users to which Great Oaks had no access. Additionally, Great Oaks contended that the district’s use of ad valorem property taxes to subsidize agricultural groundwater pumping charges was unconstitutional.The trial court ruled in favor of the water district, finding that the groundwater charges did not exceed the costs of the district’s overall water management program. The court held that it was reasonable to use these charges to pay for the program because non-agricultural groundwater pumpers, like Great Oaks, received significant benefits from it. The charges were deemed reasonably allocated on a volumetric basis, and the agricultural discount was found constitutionally valid as it was funded by ad valorem property taxes, not by non-agricultural pumpers.The California Court of Appeal for the Sixth Appellate District affirmed the trial court’s decision. The appellate court concluded that the groundwater charges were not “taxes” under Proposition 26 because they fell under exceptions for specific benefits conferred or government services provided directly to the payor. The court found that the water district proved by a preponderance of the evidence that the charges were no more than necessary to cover the reasonable costs of the governmental activity and that the costs were fairly allocated to Great Oaks. The court also upheld the use of ad valorem taxes to fund the agricultural discount, finding no violation of the California Constitution or the Water Code. View "Great Oaks Water Co. v. Santa Clara Valley Water Dist." on Justia Law

The case involves two charitable organizations, Catholic Medical Mission Board, Inc. (CMMB) and Food for the Poor, Inc. (FFP), which were issued cease and desist orders and civil penalties by the Attorney General of California for allegedly making false or misleading statements in their charitable solicitations. The Attorney General found that both organizations overvalued in-kind donations and misrepresented their program efficiency ratios, leading to misleading donor solicitations.The Superior Court of Los Angeles County reviewed the case and found that the challenged statutory provisions, sections 12591.1(b) and 12599.6(f)(2) of the Government Code, were unconstitutional under the First Amendment as they constituted prior restraints on speech. The court vacated the civil penalties and issued permanent injunctions against the Attorney General, preventing the enforcement of these provisions. The court also reformed section 12591.1(b) to exclude violations of section 12599.6 from the Attorney General’s cease and desist authority.The California Court of Appeal, Second Appellate District, reviewed the case. The court affirmed the trial court’s constitutional rulings but vacated the permanent injunctions, stating that the trial court abused its discretion by granting them without requiring the plaintiffs to plead and prove entitlement to such relief. The appellate court remanded the case to allow the plaintiffs to amend their complaints to seek injunctive relief and to prove they are entitled to it. The court also affirmed the trial court’s reformation of section 12591.1(b) and vacated the postjudgment orders awarding attorney fees, directing the trial court to reconsider the fees in light of the appellate court’s rulings. View "Catholic Medical Mission Board, Inc. v. Bonta" on Justia Law

The case involves a challenge by two environmental groups against the County of San Diego's adoption of certain thresholds of significance under the California Environmental Quality Act (CEQA). These thresholds, if met, would generally eliminate the need for developers to perform an analysis of vehicle miles traveled (VMT) for proposed projects. The plaintiffs specifically contested two thresholds: one for "infill" projects within unincorporated villages and another for projects generating no more than 110 automobile trips per day.The Superior Court of San Diego County ruled in favor of the County, determining that the infill threshold was consistent with CEQA and supported by substantial evidence. The court also upheld the small project threshold, noting its alignment with recommendations from the Governor’s Office of Planning and Research (OPR).The Court of Appeal, Fourth Appellate District, Division One, State of California, reviewed the case. The court found that the County's infill threshold was not supported by substantial evidence, as it relied on unsubstantiated assumptions about the transportation impacts of infill development without demonstrating that such development would generally result in insignificant VMT impacts in San Diego County. Similarly, the court determined that the small project threshold lacked substantial evidentiary support, as the County did not provide evidence that projects generating fewer than 110 trips per day would likely have a less than significant transportation impact under local conditions.The Court of Appeal reversed the Superior Court's decision, directing the lower court to grant the petition for writ of mandate and to determine whether portions of the Transportation Guide are severable and may continue to be applied. The appellate court emphasized the need for substantial evidence to support the adoption of significance thresholds under CEQA. View "Cleveland Nat. Forest Foundation v. County of San Diego" on Justia Law

A member of the public reported Gregory Kazelka for erratic driving, leading to a traffic stop by Officer Phillips of the California Highway Patrol. Kazelka admitted to drinking excessively and failed field sobriety tests. He underwent a preliminary alcohol screening (PAS) test, which showed a blood alcohol content above the legal limit. Kazelka was arrested, and a subsequent chemical breath test confirmed his intoxication. However, Officer Phillips did not provide the statutory admonition that the PAS test was voluntary.The California Department of Motor Vehicles (DMV) suspended Kazelka’s license following an administrative hearing. Kazelka challenged the suspension in the Lake County Superior Court, which found that the PAS test results should have been excluded due to the lack of statutory admonition and reversed the suspension.The California Court of Appeal, First Appellate District, reviewed the case. The court held that the statutory admonition was not a foundational requirement for the admissibility of the PAS test results. The court also determined that the exclusionary rule, typically applied in criminal cases, does not apply to administrative per se (APS) hearings. The court found that Officer Phillips’s failure to provide the admonition did not violate Kazelka’s constitutional rights and that the hearing officer did not act as both advocate and adjudicator, thus not violating due process.The Court of Appeal reversed the trial court’s decision, directing the trial court to deny Kazelka’s petition for writ of mandate and reinstate the DMV’s suspension order. The DMV was awarded costs on appeal. View "Kazelka v. Cal. Dept. of Motor Vehicles" on Justia Law

The case involves a project to build a four-story hotel and extend a road in the City of Clearlake. The City approved the project after adopting a mitigated negative declaration (MND) under the California Environmental Quality Act (CEQA). The Koi Nation of Northern California, a Native American tribe, challenged the approval, alleging the City failed to comply with CEQA, particularly the provisions added by Assembly Bill No. 52, which requires consideration of tribal cultural resources and meaningful consultation with tribes.The trial court denied Koi Nation's petition for writ of mandate, concluding that the City had not violated CEQA’s consultation requirements because there was no written request from Koi Nation to invoke the right to consultation. The court also rejected Koi Nation’s claims regarding the City’s failure to investigate and mitigate the project’s impacts on tribal cultural resources.The California Court of Appeal, First Appellate District, reviewed the case. The court found that Koi Nation had indeed requested consultation in writing, as required by CEQA. The court determined that the City failed to conduct meaningful consultation, as it did not engage in a process of seeking, discussing, and considering the views of Koi Nation, nor did it seek agreement on mitigation measures. The court concluded that the City’s failure to comply with CEQA’s consultation requirements constituted a prejudicial abuse of discretion, as it omitted material necessary for informed decision-making and public participation.The Court of Appeal reversed the trial court’s order and judgment, instructing the superior court to issue a writ of mandate setting aside the City’s MND and related project approvals. The court did not address Koi Nation’s other arguments, including the need for an environmental impact report (EIR). View "Koi Nation of Northern California v. City of Clearlake" on Justia Law

Volcano Telephone Company, a rural telephone service provider, receives subsidies from the California High-Cost Fund-A (A-Fund) administered by the Public Utilities Commission (PUC). Volcano Vision, Inc., an affiliate, uses Volcano Telephone’s broadband-capable facilities, subsidized by the A-Fund, to deliver broadband services without contributing to the underlying costs. The PUC considered Volcano Vision’s net revenues in setting Volcano Telephone’s A-Fund subsidy and future rates. The PUC also required Volcano Telephone to submit broadband service quality metrics related to Volcano Vision’s services.The PUC issued Decision No. 23-02-008, calculating Volcano Telephone’s A-Fund subsidy and approving rates for 2023. Volcano Telephone and Volcano Vision challenged this decision, arguing that the PUC’s implementation of broadband imputation constituted an unconstitutional taking and conflicted with federal law. They also contended that the order to submit broadband service quality metrics was outside the scope of the proceedings and the PUC’s jurisdiction. The PUC denied rehearing and modified the decision to clarify the reporting requirements.The California Court of Appeal, Third Appellate District, reviewed the case. The court rejected the petitioners’ claims, affirming Decision Nos. 23-02-008 and 23-08-051. The court held that the PUC’s implementation of broadband imputation did not constitute an unconstitutional taking, as the A-Fund program is voluntary, and the petitioners failed to demonstrate that the rate of return was confiscatory. The court also found that the order to submit broadband service quality metrics was within the scope of the proceedings and the PUC’s jurisdiction. The court concluded that the PUC’s decisions were supported by substantial evidence and did not violate any constitutional rights. View "Volcano Telephone Co. v. Public Utilities Commission" on Justia Law

Plaintiff K.C. alleged that she was sexually abused while in foster care under the custody of the County of Merced. The abuse occurred in two separate foster homes between 1971 and 1977. K.C. claimed that she reported the abuse to her social worker, but no corrective action was taken, resulting in continued abuse. She filed a complaint citing negligent acts and omissions by the County and its employees, which she argued proximately caused her injuries.The Superior Court of Merced County sustained the County's demurrer without leave to amend, leading to the dismissal of K.C.'s complaint with prejudice. The court found that the County and its employees were protected by discretionary immunity under Government Code sections 815.2 and 820.2, which shield public employees and entities from liability for discretionary acts.The Court of Appeal of the State of California, Fifth Appellate District, reviewed the case and affirmed the lower court's judgment. The appellate court held that the social workers' decisions regarding the investigation of child abuse and the continuation of foster home placements were discretionary acts protected by immunity. The court emphasized that these decisions involved the exercise of judgment and policy considerations, which are shielded from liability to ensure that public employees can perform their duties without fear of civil suits. Consequently, the County was also immune from liability under the derivative immunity provided by Government Code section 815.2, subdivision (b). View "K.C. v. County of Merced" on Justia Law

Several skilled nursing facilities challenged the State Department of Health Care Services and its director, Michelle Baass, over the formula used to calculate Medi-Cal reimbursement overpayments. The plaintiffs argued that the Department's method, which was based on the amount Medicare paid for ancillary services rather than the amount Medi-Cal overpaid, violated a ministerial duty and constituted an underground regulation.The trial court sustained the Department's demurrer without leave to amend, concluding that the plaintiffs' claim was not cognizable in a traditional writ of mandate proceeding. The court also found that the plaintiffs failed to state a claim that the Department violated a ministerial duty or adopted an underground regulation. Additionally, the trial court denied the plaintiffs' motion to compel discovery of certain documents, deeming them privileged.The California Court of Appeal, Third Appellate District, reviewed the case. The court determined that some of the plaintiffs' claims were indeed cognizable in a traditional writ of mandate proceeding and that the petition stated a claim for relief regarding the Department's use of an underground regulation when calculating Medi-Cal reimbursement overpayments. However, the court found that the plaintiffs did not provide an adequate record to review whether the trial court erred in denying their motion to compel discovery.The appellate court reversed the judgment of dismissal and affirmed the trial court's order denying the plaintiffs' motion to compel. The case was remanded to the trial court with instructions to vacate its order sustaining the Department's demurrer without leave to amend and to enter a new order overruling the demurrer. The plaintiffs were awarded their costs on appeal. View "California Healthcare & Rehabilitation Center v. Baass" on Justia Law