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Arbitrary Administrative Action

The following summaries are of recent published decisions of the California appellate courts, the Ninth Circuit, and the United States Supreme Court. The summaries are presented without regard to whether Severson & Werson represented a party in the case.

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Doe v. Atkinson (2023) 2023 WL 6888730

Under Gov. Code 800(a), a plaintiff that successfully challenges an administrative decision that was the result of arbitrary or capricious action or conduct by a public entity or officer may recover attorney fees of up to $7,500 in the trial court's discretion.  Even if that statute requires the overturned administrative action to be "wholly" arbitrary and capricious, it does not… Read More