The Mask Slips: Standing, the Affordable Care Act, and Hypocrisy in High Places

SHERRY F. COLB

Cornell law professor Sherry F. Colb considers one aspect of the oral argument in California v. Texas, the latest challenge to the Affordable Care Act to come before the U.S. Supreme Court. Specifically, Colb considers the way in which some of the Justices talked during the oral argument about the doctrine of judicial standing, and she calls out those Justices’ hypocrisy as to that issue.

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Los Angeles Unified School District v. Torres Construction Corp.

Docket: B291940(Second Appellate District)

Opinion Date: November 17, 2020

Judge: Stratton

Areas of Law: Construction Law

This appeal stemmed from the school district's action against defendants for breach of contract arising out of the renovation of school cafeterias. The school district ultimately prevailed on its claims for breach of contract and was awarded $3,941,829 in damages; Defendant Western was found liable on its bonds; the parties settled Defendant Torres's offset claims for withheld payments on other jobs; and the school district was awarded prejudgment interest and costs, as well as attorney fees against Western. The Court of Appeal affirmed the trial court's judgment and held that defendants' motion for summary judgment was properly denied because a job order contract (JOC) is an enforceable contract, not just an agreement to negotiate; Western has forfeited its claims challenging denial of defendants' motion for summary judgment; the school district's motions for summary adjudication were properly granted in whole and in part; to prevail on its motions, the school district was not required to disprove Western's boilerplate affirmative defenses; the trial court properly awarded the school district prejudgment interest; the trial court properly denied Western's motions for directed verdict; and the trial court did not abuse its discretion awarding attorney fees to the school district.

Ortega v. Johnson

Docket: B300321(Second Appellate District)

Opinion Date: November 17, 2020

Judge: Thomas L. Willhite, Jr.

Areas of Law: Public Benefits

The Court of Appeal held that a DSS regulation, Manual of Policies and Procedures (MPP) section 63-603, which addresses replacement issuances of benefits (formerly known as food stamps) under California's CalFresh program, was lawfully adopted and does not conflict with any state or federal statute, and that its plain language requires county welfare departments (CWDs) to replace CalFresh benefits lost through electronic theft (provided a replacement request is made within 10 days of the loss). In this case, MPP 63-603 was within the scope of authority conferred by enabling statutes, and Welfare and Institutions Code section 10072 does not affect the court's analysis. Therefore, the trial court erred by denying plaintiffs' petition for writ of mandate. The court reversed the trail court's judgment and remanded for the trial court to grant the petition.