Justia Government & Administrative Law Opinion Summaries

Safety-Kleen of California, Inc. appealed against the denial of its petitions for a writ of mandate, which sought to compel the Department of Toxic Substances Control (the Department) to set aside final inspection violation scores concerning Safety-Kleen’s oil and hazardous waste treatment facility. The Department had classified certain violations at Safety-Kleen’s facility as Class I violations, which Safety-Kleen argued was an abuse of discretion under the Hazardous Waste Control Law (HWCL), as these violations did not pose a “significant threat to human health or safety or the environment.”The Court of Appeal of the State of California First Appellate District disagreed with Safety-Kleen, interpreting the HWCL to permit classification of a violation as Class I under independent statutory bases, including those that do not pose a significant threat to human health or safety or the environment. The court held that the Department did not abuse its discretion in determining Safety-Kleen’s final inspection violation scores. It also rejected Safety-Kleen’s argument that a Class II violation can only be reclassified as a Class I violation if the violation is chronic or the violator is recalcitrant. The court affirmed the judgment of the lower court. View "Safety-Kleen of Cal., Inc. v. Dept. of Toxic Substances Control" on Justia Law

The case involves the California Geologic Energy Management Division (CalGEM) and TRC Operating Company, an oil operator. CalGEM, tasked with overseeing the state's drilling operations, enacted new regulations requiring oil operators to cease operations when a "surface expression" exists, or when there is reason to believe a specific operation is causing a surface expression. The operations must remain dormant until CalGEM authorizes their resumption in writing.TRC, having been issued a regulatory notice to cease operations, complied but never received authorization to resume. TRC sought an administrative appeal, which went unheard. Consequently, TRC sought judicial review, arguing that the regulations were invalid and CalGEM's actions were arbitrary and capricious.The trial court agreed with TRC, ruling the regulations were invalid, and granted declaratory relief. CalGEM appealed, arguing the regulations were valid and did not abuse its discretion in issuing the notice to TRC. The court concluded that the regulations were valid as they were consistent with the overall statutory scheme and were supported by substantial evidence. The court vacated the trial court's writ, and remanded the matter to the trial court to consider in the first instance whether CalGEM's actions in this case were arbitrary or capricious. View "TRC Operating Co. v. Shabazian" on Justia Law

In this case, the California Board of Psychology revoked the license of Dr. Robert Geffner after it found that he had violated the American Psychological Association’s Ethical Principles of Psychologists and Code of Conduct. The violations were based on his evaluation of two children for suicide risk without their father’s consent, failure to consult their existing therapist, making recommendations beyond the scope of an emergency risk assessment, and delegating the duty to warn the father of one child's thoughts about killing him. Dr. Geffner petitioned for a writ of mandamus to vacate the Board’s decision, but the trial court denied the petition. On appeal, the appellate court reversed the trial court's decision, finding that the evidence did not support the trial court’s conclusions. The appellate court clarified that the father's consent was not necessary in cases of emergency, as the circumstances suggested, and that Dr. Geffner did not make any custody recommendations. Moreover, the court found no evidence to suggest that Dr. Geffner had a duty to personally warn the father of his son's threat, and thus did not violate any ethical standards. The court directed the trial court to grant Dr. Geffner's petition and reverse the Board's findings. View "Geffner v. Board of Psychology" on Justia Law

The case involved Rhonda Persiani, a defendant charged with multiple counts of driving under the influence (DUI) in California. Due to doubts about Persiani's mental competence, the criminal proceedings were suspended, and she was found mentally incompetent to stand trial. Persiani was evaluated and found suitable for outpatient treatment through mental health diversion. However, the court and parties believed Persiani was ineligible for such treatment due to a California Vehicle Code section that prohibits diversion in cases where a defendant is charged with DUI. Persiani sought dismissal of her cases, asserting that dismissal was required under the Penal Code because she was ineligible for any of the treatment options. The court denied Persiani’s motion to dismiss and imposed mental health treatment provisions as conditions of her release. In an appeal, the Court of Appeal of the State of California Fourth Appellate District held that a trial court has the authority under the Penal Code to order treatment through mental health diversion for a mentally incompetent misdemeanor defendant charged with DUI. The court concluded that the Vehicle Code section that prohibits diversion for DUI does not prevent a court from ordering a mentally incompetent misdemeanor defendant to receive treatment through mental health diversion after criminal proceedings have been suspended. The matter was remanded back to the lower court to determine whether to order Persiani to receive mental health diversion treatment. View "Persiani v. Superior Court" on Justia Law

In a case before the Court of Appeal of the State of California First Appellate District Division Two, a woman, T.B., was found to be gravely disabled and was appointed a conservator under the Lanterman-Petris-Short Act. T.B. appealed, arguing that her trial did not commence within 10 days of her demanding one, violating section 5350, subdivision (d)(2) of the Welfare and Institutions Code, and denying her due process. This statute was amended in January 1, 2023, to state that the failure to commence the trial within the time period is grounds for dismissal. The court concluded that the time limit for commencing trials is directory, not mandatory, and that dismissal for the failure to comply with the time limit is discretionary. The court found that the trial court did abuse its discretion in denying T.B.’s motions to dismiss the proceedings, but no reversal was required because T.B. did not demonstrate prejudice. The court also found that T.B. did not demonstrate a violation of her due process rights by the delay. Therefore, the court affirmed the conservatorship order. View "Conservatorship of T.B." on Justia Law

This case involves a dispute over the taxation of cell phones sold in California as part of a "bundled transaction," in which a consumer purchases the phone at a reduced price from a wireless service provider in exchange for signing a contract for future wireless service. The plaintiffs challenged a state regulation that calculates sales tax on the full, unbundled price of the phone, rather than the discounted price paid by the consumer. They argued that this regulation violated the Revenue and Taxation Code and was not properly adopted under the Administrative Procedures Act.The Court of Appeal of the State of California, Third Appellate District, rejected these arguments. It concluded that the Department of Tax and Fee Administration could allocate a portion of the contract price in a bundled transaction to the cell phone and tax it accordingly. It also found that the regulation was properly adopted under the Administrative Procedures Act.The court noted that, while services are not taxable under California law, the sale of a cell phone as part of a bundled transaction is not a true discount because the wireless service provider recoups the cost of the phone through the service contract. Therefore, the Department could reasonably allocate a portion of the contract price to the phone and tax it accordingly. The court also concluded that the regulation had been properly adopted under the Administrative Procedures Act, rejecting the plaintiffs' arguments that the Department had failed to properly assess the regulation's economic impact and provide adequate notice to the public.As a result, the court reversed the portion of the lower court judgment that invalidated the regulation and prohibited the Department from applying it to bundled transactions. It remanded the case with instructions to deny the plaintiffs' petition for a writ of prohibition. View "Bekkerman v. California Department Of Tax and Fee Administration" on Justia Law

In the case presented, Wesley McDowell Jr. was convicted of human trafficking of a minor and other offenses, leading to a sentence of 23 years to life in prison. McDowell appealed this sentence, arguing that the trial court erred by refusing to dismiss his elevated sentence of 15 years to life under section 236.1(c)(2) of the Penal Code, which pertains to human trafficking of a minor with aggravating circumstances. He cited Senate Bill 81, claiming it compelled the sentencing courts to dismiss enhancements under certain circumstances, applicable to his elevated sentence.However, the Court of Appeal of the State of California Fourth Appellate District Division Three held that Senate Bill 81 applies only to enhancements--additional terms of imprisonment added to the base term. As McDowell conceded, section 236.1(c)(2) provides an alternative punishment for the underlying offense and is therefore not an enhancement. Thus, Senate Bill 81 did not apply to McDowell’s elevated sentence under section 236.1(c)(2). The court affirmed the original sentence. View "People v. McDowell" on Justia Law

In this case, the plaintiff, Ali Shalghoun, was the administrator of a residential facility, Hargis Home, where a client of the North Los Angeles County Regional Center, Inc. (the Regional Center), a man identified as J.C. with developmental disabilities and a history of violent outbursts, was housed. In May 2018, Hargis Home notified the Regional Center that it could no longer meet J.C.'s needs and requested help in finding alternative placement for him. While the Regional Center was searching for a new facility, J.C. attacked Shalghoun in July 2018, causing him serious injuries. Shalghoun sued the Regional Center for his injuries, arguing that it had a duty to protect him from harm.The Court of Appeal of the State of California Second Appellate District, however, disagreed. It held that the Regional Center had no legal duty of care towards Shalghoun. While the Regional Center has a responsibility to provide services and support to developmentally disabled persons, it does not have a duty to protect the employees of a residential facility. The court further noted that the Regional Center could not unilaterally relocate J.C. without the agreement of another facility to accept him. Thus, the court affirmed the trial court's grant of summary judgment in favor of the Regional Center. View "Shalghoun v. North Los Angeles County Regional Center, Inc." on Justia Law

In a dispute between plaintiffs Jason Riddick, Elizabeth Riddick, and Renee Sperling, and the City of Malibu in the Court of Appeal of the State of California Second Appellate District, the court affirmed the lower court's decision. The plaintiffs sought to construct an accessory dwelling unit (ADU) attached to their existing single-family residence and applied for a permit. However, the City of Malibu denied the application, asserting that a coastal development permit (CDP) was required. The plaintiffs argued that their project was exempt from the CDP requirement under a local ordinance. The Superior Court agreed with the plaintiffs and ordered the City to process the proposed ADU as exempt from the CDP requirements. The City appealed this decision.The appellate court affirmed the lower court's decision, finding that the local ordinance did indeed exempt improvements directly attached to existing single-family residences, including ADUs, from the CDP requirement. Moreover, the court decided that the City's interpretation of the ordinance was not entitled to deference and rejected the City's contention that the ordinance language was internally inconsistent or at odds with other provisions of the statutory scheme. In a cross-appeal, the plaintiffs contended that they were entitled to a permit within 60 days of their completed application, but the court held that this issue was not properly before it on the cross-appeal because it arose from matters occurring after the final ruling. Their cross-appeal was therefore limited to the judgment, which the court affirmed in its entirety. View "Riddick v. City of Malibu" on Justia Law

In the early 1980s, Arturo Franco, the defendant, committed two sexual offenses against his minor stepdaughter. After serving his sentence and completing his probation, Franco complied with the requirement to register as a sex offender for 37 years. In 2021, Franco petitioned to be removed from California's registry of sex offenders, arguing that he had lived a law-abiding life for over three decades since his conviction. However, the People opposed the petition, primarily arguing that one of Franco's crimes would render him ineligible for removal from the registry if prosecuted under a statute enacted 21 years after his conviction.The trial court denied Franco's petition, giving significant weight to the egregious nature of the underlying offenses and the age of the victim, despite Franco's 37 years of law-abiding behavior and no evidence suggesting a current risk of reoffending. The Court of Appeal of the State of California Second Appellate District Division Two reversed the trial court's decision, finding that it contravened the precedent set in People v. Thai, which held that mere focus on the nature of the initial crime without evidence of the defendant's current likelihood of reoffending was not sufficient to deny removal from the sex offender registry. The appellate court also rejected the People's argument that Franco "could have been convicted" of a crime that did not exist at the time of his offense, noting that the relevant legislation tied tier placement in the registry to the offense for which the defendant "was convicted". View "People v. Franco" on Justia Law