Administrative Law

Secondary practice area

Garner v. California Victim Compensation Board — Vacatur Under Section 1172.6 Resentencing Statute Does Not Establish “Erroneous Conviction” Required for Compensation Under Section 4900

/ April 29, 2026

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.

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

/ April 23, 2026

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.

Administrative Law, Litigation

Cleare v. Superior Court — School District Cannot Claim Impossibility Defense to Teacher Credentialing Requirements Without Exhausting State Waiver Process

/ April 17, 2026

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.

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

/ April 10, 2026

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.

Administrative Law, Litigation

Chi v. Department of Motor Vehicles — DMV Hearing Officer Did Not Violate Due Process by Asking Clarifying Questions in DUI Refusal Hearing

/ April 7, 2026

First District holds that DMV’s post-2022 single-hearing-officer model does not violate due process and that the constitutional impartiality standard is more demanding than appearance of bias, expressly disagreeing with the Romane line of cases now under California Supreme Court review.

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

/ March 26, 2026

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.

Administrative Law, Litigation

Cleare v. Superior Court (West Contra Costa Unified School District) — School district must exhaust statutory teacher hiring procedures before invoking impossibility defense

/ March 25, 2026

First District grants writ requiring West Contra Costa Unified School District to comply with statutory teacher hiring procedures before invoking impossibility to defend its use of rolling and unauthorized substitutes.

Administrative Law, Criminal Law

Chi v. Department of Motor Vehicles — Post-California DUI Lawyers DMV hearing structure satisfies due process; ordinary judicial questioning is not advocacy

/ March 24, 2026

First District holds that the DMV’s revised hearing structure satisfies due process and rejects the broader ‘appearance of bias’ approach used in Romane v. DMV (now before the California Supreme Court).

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

/ March 23, 2026

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.

Administrative Law, Real Estate Law

County of Sacramento v. NKS Real Estate Holdings — Building accessory dwelling unit without a permit is a per se public nuisance enforceable by the county

/ March 20, 2026

Third District affirms that building and occupying an accessory dwelling unit in Sacramento County without a building permit is a public nuisance per se enforceable through injunctive relief, regardless of whether construction is complete.