subordinate hearing (California) · Go Syfert
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subordinate hearing in California

6 California opinions name it 1 courts 1939–2024 3 in the last five years

The cases below were cited by California courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (2)

CaseFollowedCited
Local v. Mwdgreen
calctapp · 2005 · cited in 2 California opinions naming this issue, 2024–2024
2 sentences

2024(See American Federation of State, County & Municipal Employees v. Metropolitan Water Dist. (2005) 126 Cal.App.4th 247, 259 [“A hearing officer’s decision [in an administrative appeal procedure under an MOU] is not final and binding where it is reviewable by a trial court under Code of Civil Procedure section 1094.5.”].) We find Ramirez’s additional argument that his proposed interpretation is “compelled by the procedure typical in administrative and judicial forums where a subordinate hearing officer renders an otherwise nonbinding recommended decision to an ultimate decisionmaker” unavailing

2024(See American Federation of State, County & Municipal Employees v. Metropolitan Water Dist. (2005) 126 Cal.App.4th 247, 259 [“A hearing officer’s decision [in an administrative appeal procedure under an MOU] is not final and binding where it is reviewable by a trial court under Code of Civil Procedure section 1094.5.”].) We find Ramirez’s additional argument that his proposed interpretation is “compelled by the procedure typical in administrative and judicial forums where a subordinate hearing officer renders an otherwise nonbinding recommended decision to an ultimate decisionmaker” unavailing

22
Orthopedic Systems, Inc. v. Schleingreen
calctapp · 2011 · cited in 1 California opinions naming this issue, 2014–2014
1 sentence

2014The subordinate clause, “if the property is sold at a foreclosure sale and the tenant was required to move,” modifies the last antecedent “moving expenses” rather than the remote antecedent “actual damages.” (See Orthopedic Systems, Inc. v. Schlein (2011) 202 Cal.App.4th 529, 545 [explaining the last antecedent rule of statutory construction].) Nothing in the plain language of subdivision (d) suggests that it was intended to apply only to tenants forced to move or forced to move prematurely.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in California. Read the followed side critically anyway.

Also cited on this issue (5)

CaseCitedYears
Universal Camera Corp. v. National Labor Relations Board green
scotus · 1951
2 sentences

2024Ramirez points to caselaw addressing inapplicable statutes in yet another attempt to circumvent POBRA and the intent of the parties to the MOU. 13 (See Universal Camera Corp. v. NLRB (1951) 340 U.S. 474 [considering the Administrative Procedures Act (APA) ( 5 U.S.C.S. § 1001 et seq.) and the Taft- Hartley Act ( 29 U.S.C.S. § 160 (e)), the Supreme Court held a Labor Board decision must be supported by substantial evidence]; Garza v. Workers’ Comp.

2024Ramirez points to caselaw addressing inapplicable statutes in yet another attempt to circumvent POBRA and the intent of the parties to the MOU. 13 (See Universal Camera Corp. v. NLRB (1951) 340 U.S. 474 [considering the Administrative Procedures Act (APA) ( 5 U.S.C.S. § 1001 et seq.) and the Taft- Hartley Act ( 29 U.S.C.S. § 160 (e)), the Supreme Court held a Labor Board decision must be supported by substantial evidence]; Garza v. Workers’ Comp.

22024–2024
Simpson Strong-Tie Co., Inc. v. Gore green
cal · 2010
1 sentence

2024(Simpson, supra, 49 Cal.4th at p. 27 ; Garcia, supra, 2 Cal.5th at p. 804 .) Meanwhile, a constitutional reading exists if the initial subordinate clause modifies only the independent clause and not the second subordinate clause.

12024–2024
People v. Garcia green
cal · 2017
2 sentences

2024(Simpson, supra, 49 Cal.4th at p. 27 ; Garcia, supra, 2 Cal.5th at p. 804 .) Meanwhile, a constitutional reading exists if the initial subordinate clause modifies only the independent clause and not the second subordinate clause.

2024(Simpson, supra, 49 Cal.4th at p. 27 ; Garcia, supra, 2 Cal.5th at p. 804 .) Meanwhile, a constitutional reading exists if the initial subordinate clause modifies only the independent clause and not the second subordinate clause.

12024–2024
Beaupre v. Nave green
calctapp · 1970
1 sentence

2008(Posner, Law and Literature: A Misunderstood Relation (Harvard University Press 1988) p. 278.) 8 Here is the passage: “In Beaupre v. Nave, 13 Cal.App.3d 402 . . . , plaintiffs alleged they had contracted infectious hepatitis because they were frequent patrons in defendants’ restaurant.

12008–2008
Matter of Carter green
cal · 1903
2 sentences

1939(Matter of Carter, *262 141 Cal. 316 [ 74 Pac. 997 ].) Furthermore, these eases deal with the right of a subordinate to a hearing on the charges before an administrative board or officer, not to a trial in court.

1939(Matter of Carter, *262 141 Cal. 316 [ 74 Pac. 997 ].) Furthermore, these eases deal with the right of a subordinate to a hearing on the charges before an administrative board or officer, not to a trial in court.

11939–1939

Where else courts name it

TN 7 (1939–2011) CA 6 (1939–2024) OH 5 (1922–2005) IL 5 (2005–2023) TX 5 (1973–2004) MA 5 (1940–2025) NY 4 (1901–1985) NJ 4 (1971–2023) FL 4 (1936–2017) MI 3 (2002–2015) VT 2 (1921–2016) KS 2 (2013–2021) PA 2 (1971–1995) MO 2 (1971–2024)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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