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Administrative Law

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A plaintiff who brings a suit against a government entity must first file a government claim with the defendant entity.  If the plaintiff misses the 6-month deadline for presentation of a claim, she may, within a year of accrual of her claim, file a petition for leave to file a late claim.  If the entity denies the petition, the plaintiff… Read More

Plaintiff was injured while working on a rescue boat owned by defendant.  Plaintiff did not file a timely government claim within 6 months of his injury, but did file a timely application for permission to present a late claim, within one year of the injury.  Defendant's response to the application stated that it had denied plaintiff's claim, not his application,… Read More

Even in a case in which the court applies the de novo standard of review to a petition for administrative mandamus, the court reviews for abuse of discretion the administrative agency's refusal to consider new evidence presented after the ALJ's decision.  Here, the court reverses, finding an abuse of discretion in the Appeals Board's refusal to consider a belated declaration… Read More

Under CCP 1094.6, a petition for administrative mandate must be filed within 90 days after the administrative decision becomes final.  But that statutory period does not begin to run until the administrative agency mails its decision to the petitioner with a notice that warns of the 90-day limit on petitioning for mandate and states the date on which the administrative… Read More

Plaintiffs' suit is dismissed for failure to exhaust administrative remedies. The suit challenged the city's establishment of two business improvement districts.  Under the applicable constitutional section authorizing those districts there is a detailed procedure for challenges to the proposed district, hearings and appeals.  The plaintiffs had not pursued those procedures.  They did not properly exhaust administrative procedures just by casting… Read More

Because the notice of abatement of nuisance was properly served by city and because plaintiff did not timely file an administrative appeal thereafter, plaintiff did not exhaust his available administrative remedy and was barred from suing in court to challenge the abatement order. Read More

Substantial evidence supported finding by the university that a student had cheated on a biology exam, and since this determination was moreover made by a fair procedure, the trial court incorrectly granted the student’s administrative mandamus petition. Read More

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