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← 235 CALRPTR3D 382 - Fisher v. State Pers. Bd.

Fisher v. State Pers. Bd.’s Empirical Analysis

2018

Citation profile

2
cited by 2 later decisions
1
states following
May 2019
most recently cited

2 state decisions

Relationships

Relies on 19 Cal. 4th 1 - Yamaha Corp. of America v. State Board of Equalization · 15 Cal. 3d 194 - Skelly v. State Personnel Board · Kuhn v. Department of General Services · 7 Cal. 3d 507 - Nightingale v. State Personnel Board · Shepherd v. State Personnel Board

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 2 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “' "created by, and derives its adjudicatory power from, the state Constitution. ( Cal. Const., art. VII, §§ 2 [membership and compensation of board], 3 ['(a) The board shall enforce the civil service statutes and, by majority vote of all its members, shall ... review disciplinary actions']....) Under that constitutional grant, [SPB] is empowered to 'review disciplinary actions.' In undertaking that review, [SPB] acts in an adjudicatory capacity. 'The [SPB] is an agency with adjudicatory powers created by the California Constitution.' [Citation.] As such [SPB] acts much as a trial court would in an ordinary judicial proceeding. Thus, [SPB] makes factual findings and exercises discretion on matters within its jurisdiction.”
    1 later decision quote this exact passage
  2. “'[w]e give great deference to the agency's interpretation of statutes affecting issues within its administrative sphere.' [Citation.] However, we 'do not necessarily defer to SPB's interpretations of the governing statutes. [Citation.] The judiciary takes ultimate responsibility for the construction of statutes, although according great weight and respect to the administrative construction such as is appropriate under the circumstances.' [Citation.]”
    1 later decision quote this exact passage
  3. “' "On review the decisions of [SPB] are entitled to judicial deference. The record must be viewed in a light most favorable to the decision of [SPB] and its factual findings must be upheld if they are supported by substantial evidence.”
    1 later decision quote this exact passage

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.