Legal Alerts are a special KMTG publication providing timely information on the latest court decisions and legislative developments.

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Disclaimer: Legal Alerts are published by Kronick Moskovitz Tiedemann & Girard as a timely reporting service to alert clients and other friends of recent changes in case law, opinions or codes. This alert does not represent the legal opinion of the firm or any member of the firm on the issues described, and the information contained in this publication should not be construed as legal advice. Should further analysis or explanation of the subject matter be required, please contact the attorney with whom you normally consult.

Legal Alerts

 

Use our "Quick Links" to view Legal Alerts for a specific area of practice, or use the search button to search our entire database of Legal Alerts.

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Banking and Creditors Rights
01/26/2010 Trial Court Erred In Releasing Levied Property Because Third-Party Lender Failed To Show It Had A Superior Security Interest
10/08/2009 CAVEAT EMPTOR UPON FORECLOSURE:
Legislation Makes Foreclosing Parties New Landlords!!!
07/18/2008 New Foreclosure Communication Requirements Required With The Passage of Senate Bill No. 1137
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Business Law
07/17/2008 Governor Signs Legislation That Extends the Expiration Date By 12 Months for Subdivision Maps That Will Expire Before January 1, 2011
04/15/2008 Ninth Circuit Decision Could Substantially Boost Landlord Claims in Bankruptcy
01/09/2007 California Law Which Allows Consumer To Place Freeze On Credit Report Is Unconstitutional As Applied To Credit Reporting Agency That Provides Reports Based On Public Records
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Climate Change
02/22/2010 CEQA Guidelines Amendments Adopted By The California Natural Resources Agency Address Mitigation Of Greenhouse Gas Emissions And Effective On March 18, 2010
01/25/2010 UPDATE: Environmental Protection Agency Proposes Stricter Standards For Smog
12/15/2009 EPA Finds Greenhouse Gases Threaten The Public Health And Welfare Of The American People
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Education Law
03/08/2010 Redevelopment Pass-through Payments to School District Were Improperly Calculated Because County Ignored ERAF Payments in Determining District’s Percentage Share Of Property Taxes
02/25/2010 Parents Entitled to Attorneys’ Fees for Successfully Challenging District’s Classification of Student’s Disability
02/10/2010 Attorney General Opinion: Community College District’s Joint Labor Management Benefits Committee Is Not Required To Comply With State’s Open Meeting Law
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Eminent Domain
07/07/2009 The Lack Of A Written Lease Is Not Fatal To A Business Owner’s Quest For Compensation For Loss Of Goodwill In An Eminent Domain Proceeding
03/06/2009 City’s Resolution Adopted For The Condemnation Of Property Did Not Sufficiently Specify The Public Purpose Of The Condemnation As Required by Eminent Domain Law
12/29/2008 In Eminent Domain Proceedings, California Courts Do Not Consider The Potential Future Development Of A Property In Determining Its Fair And Actual Value
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Energy
02/02/2007 Supreme Court Sets Aside Land Use Plan EIR For Failure To Adequately Assess Long-Term Water Supplies
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Environmental Law
02/22/2010 CEQA Guidelines Amendments Adopted By The California Natural Resources Agency Address Mitigation Of Greenhouse Gas Emissions And Effective On March 18, 2010
02/18/2010 Where a Public Agency Has Adopted a Mitigation Measure for a Project, It May Not Authorize Destruction or Cancellation of the Mitigation Without Reviewing the Continuing Need for the Mitigation, Stating a Reason for Its Actions Supported by Substantial Evidence
02/02/2010 Design Guidelines Were Not A Zoning Ordinance Within The Meaning Of The Government Code And Did Not Render Zoning Code Inconsistent With The General Plan
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Labor and Employment Law
03/05/2010 Compensatory And Punitive Damages Are Not Available For Retaliation Claims Brought Pursuant To The Americans With Disabilities Act
02/02/2010 University Applied Incorrect Standard To Evaluate Whether Employee’s Disclosure Was Made In Good Faith And Was Thus Protected By The Whistleblower Protection Act
12/28/2009 Public Policy Protects An Employee From Being Terminated From Employment For Making A Good Faith Claim To Overtime
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Municipal and Public Agency
03/08/2010 Redevelopment Pass-through Payments to School District Were Improperly Calculated Because County Ignored ERAF Payments in Determining District’s Percentage Share Of Property Taxes
02/22/2010 CEQA Guidelines Amendments Adopted By The California Natural Resources Agency Address Mitigation Of Greenhouse Gas Emissions And Effective On March 18, 2010
02/18/2010 Where a Public Agency Has Adopted a Mitigation Measure for a Project, It May Not Authorize Destruction or Cancellation of the Mitigation Without Reviewing the Continuing Need for the Mitigation, Stating a Reason for Its Actions Supported by Substantial Evidence
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Public Finance
12/04/2009 New Law Brings Changes To Monitoring And Enforcement Of Prevailing Wage Compliance For Public Works Contracts
02/10/2009 Additional Information On Federal Funding Of School Construction
02/02/2009 Update On Federal Funding Of School Construction
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Real Estate and Land Use Law
03/01/2010 In A Rising Market, Seller Of A Home Cannot Retain A Nonrefundable Deposit From Buyer Who Breached The Purchase Agreement
02/02/2010 Design Guidelines Were Not A Zoning Ordinance Within The Meaning Of The Government Code And Did Not Render Zoning Code Inconsistent With The General Plan
01/11/2010 California Supreme Court Update: County’s Action Of Declining To Renew A Conditional Use Permit Was Not A Public Project Under The California Environmental Quality Act
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Redevelopment and Housing
03/08/2010 Redevelopment Pass-through Payments to School District Were Improperly Calculated Because County Ignored ERAF Payments in Determining District’s Percentage Share Of Property Taxes
02/02/2010 Design Guidelines Were Not A Zoning Ordinance Within The Meaning Of The Government Code And Did Not Render Zoning Code Inconsistent With The General Plan
11/24/2009 HUD “Good Cause” Regulation Allowing Landlord To Evict Section 8 Tenants To Raise Apartment Rent Does Not Preempt City Eviction Control Ordinance Which Prohibits Evicting Tenants To Raise Rents
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Special Education
02/25/2010 Parents Entitled to Attorneys’ Fees for Successfully Challenging District’s Classification of Student’s Disability
01/25/2010 School District Is Not Required to Reimburse Parents for Child’s Residential Treatment for Medical, Not Educational, Problems
01/25/2010 Residential Care to Treat Student’s Out-Of-School Behavioral Problems Is Not Reimbursable Under the Individuals with Disabilities Education Act
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Tax, Trusts and Estates
02/10/2010 An IRA Created by an Individual and Partially Funded by Proceeds That Originated From an ERISA-Protected Pension Plan is Not Subject to the Surviving Spouse Protections of ERISA or the Internal Revenue Code
01/29/2010 Estate and Generation Skipping Transfer Tax Provisions Eliminated in 2010
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Water Law
12/27/2009 UPDATE: Minimum Charge Imposed On Parcels of Land Connected To Water Or Sewer Service Regardless Of Actual Use Does Not Require Ballot Approval By Affected Owners
11/05/2009 The Governor Signs Into Law Sweeping Revamp of California Water Management
10/08/2009 Federal Appellate Decision Finds Federal Government Breached Water Supply Contracts with California Water Agencies
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