Legal Opinion
Carlsbad Aquafarm, Inc. v. State Department of Health Services
California Court of Appeal
Decided September 13, 2000No. D033817PublishedCited by 15 opinions
1Opinion of the Court
Opinion
HALLER, J.
Carlsbad Aquafarm, Inc. (Aquafarm) sued the State Department of Health Services (Department), alleging Department violated Aqua-farm’s due process rights by refusing to provide notice or a hearing before it failed to recertify Aquafarm to a list of approved interstate shellfish sellers. The jury found Aquafarm proved the due process violation, and awarded it damages of $290,000. Department appeals, asserting an argument it repeatedly made below: Aquafarm is not entitled to recover monetary damages based solely on the state Constitution’s due process provision. (Cal. Const.,…
2Cases cited21 opinions
- Bivens v. Six Unknown Named Agents of Federal Bureau of NarcoticsSupreme Court of the United States · 1971
- Davis v. PassmanSupreme Court of the United States · 1979
- Carlson v. GreenSupreme Court of the United States · 1980
- Bush v. LucasSupreme Court of the United States · 1983
- Chappell v. WallaceSupreme Court of the United States · 1983
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3Cited by15 opinions
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- Javor v. TaggartCalifornia Court of Appeal · 2002
- Ogborn v. City of LancasterCalifornia Court of Appeal · 2002
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