39 Cited authorities

  1. Mathews v. Eldridge

    424 U.S. 319 (1976)   Cited 15,736 times   42 Legal Analyses
    Holding that a procedure based on written submissions was adequate because it included safeguards against mistake including that the agency informed the recipient of its tentative assessment and the evidence supporting it and an opportunity was then afforded the recipient to submit additional evidence "enabling him to challenge directly the accuracy of information in his file as well as the correctness of the agency's tentative conclusions"
  2. Board of Regents v. Roth

    408 U.S. 564 (1972)   Cited 14,668 times   4 Legal Analyses
    Holding that where a public employee's appointment terminated on a particular date and there was no provision for renewal after that date, the employee "did not have a property interest sufficient to require . . . a hearing when [the officials] declined to renew his contract of employment."
  3. Withrow v. Larkin

    421 U.S. 35 (1975)   Cited 2,403 times   5 Legal Analyses
    Holding that a claimant "must overcome a presumption of honesty and integrity in those serving as adjudicators . . . ."
  4. Abelleira v. District Court of Appeal

    17 Cal.2d 280 (Cal. 1941)   Cited 961 times
    Holding that where an administrative remedy is provided by statute, relief must be sought from the administrative body and exhausted before the courts will act
  5. Clark v. City of Hermosa Beach

    48 Cal.App.4th 1152 (Cal. Ct. App. 1996)   Cited 147 times
    Finding City "violated state law by failing to provide a fair hearing . . . [but] did not offend the federal Constitution, on either procedural or substantive due process grounds"
  6. Sierra Club v. State Bd. of Forestry (Pacific Lumber Co.)

    7 Cal.4th 1215 (Cal. 1994)   Cited 151 times   3 Legal Analyses
    Noting that "the [California Board of Forestry] has the ultimate power of approval over a [THP]"
  7. Haas v. County of San Bernardino

    27 Cal.4th 1017 (Cal. 2002)   Cited 116 times   1 Legal Analyses
    In Haas, the county's procedure for appointing administrative hearing officers was found to violate due process because the prosecuting authority selected its adjudicator at will and must therefore "be presumed to favor its own rational self-interest by preferring those who tend to issue favorable rulings."
  8. Unnamed Physician v. Board

    93 Cal.App.4th 607 (Cal. Ct. App. 2001)   Cited 111 times
    Requiring exhaustion of internal remedies "accords recognition to the 'expertise' of the organization's quasi-judicial tribunal"
  9. Nightlife Partners v. City of Beverly Hills

    108 Cal.App.4th 81 (Cal. Ct. App. 2003)   Cited 91 times
    Observing that combination of investigatory and adjudicatory functions is "fraught" with problems, especially where "these dual functions were not held by different sections of a single office, but by a single individual "
  10. Citizens for Open Govt. v. City

    144 Cal.App.4th 865 (Cal. Ct. App. 2006)   Cited 73 times   3 Legal Analyses

    No. C051419. October 11, 2006. Superior Court of San Joaquin County, No. CV026002, Elizabeth Humphreys, Judge. Donald B. Mooney for Plaintiff and Appellant. Kronick, Moskovitz, Tiedemann Girard, Jonathan P. Hobbs and Janice D. Magdich for Defendants and Respondents. Remy, Thomas, Moose Manley and James G. Moose for Real Parties in Interest and Respondents. OPINION CANTIL-SAKAUYE, J. Citizens for Open Government (Citizens), a non-profit group, filed a petition for writ of mandate against the City

  11. Section 7

    Cal. Const. art. I § 7   Cited 2,113 times   5 Legal Analyses
    Guaranteeing due process and equal protection
  12. Section 800 - Attorney's fees in civil action to appeal or review determination in administrative proceeding

    Cal. Gov. Code § 800   Cited 257 times
    Allowing fees as a result of "arbitrary or capricious action" by a public entity"