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
07/21/2010 A CHAPTER 13 DEBTOR MAY BIFURCATE A NEGATIVE EQUITY MOTOR VEHICLE LOAN IN A CHAPTER 13 PLAN
07/19/2010 A Bank’s Policy to Freeze a Debtor’s Bank Account Upon Commencement of a Chapter 7 Bankruptcy Case Violated the Bankruptcy Automatic Stay
04/22/2010 Borrowers Who Lost Their Residence At A Foreclosure Sale May Sue Their Bank Based On A Bank Representative’s Oral Promise To Postpone The Foreclosure Sale
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Business Law
04/22/2010 Borrowers Who Lost Their Residence At A Foreclosure Sale May Sue Their Bank Based On A Bank Representative’s Oral Promise To Postpone The Foreclosure Sale
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
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Climate Change
05/19/2010 Environmental Impact Report Was Not Deficient Because It Failed To Consider “True” Off-Site Alternative
05/19/2010 Environmental Impact Report For Refinery Project Violated CEQA Because It Failed To Adequately Describe Project And Improperly Deferred Mitigation Measures
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
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Education Law
07/23/2010 UPDATE: Will the Teacher Layoff Process be Reformed?
07/23/2010 California Supreme Court Holds that Contractor May be Entitled to Relief for Public Entity’s Nondisclosure of Information that Materially Affected Contractor’s Performance of Construction Contract
07/23/2010 Nonreelected Teacher’s Complaints About the Special Education Services Did Not Rise to the Level of Protected Disclosure
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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
07/09/2010 Decisions of Federal Agencies to Approve Construction in California Wetlands Were Not Arbitrary and Capricious
06/15/2010 Environmental Impact Report For Open-Air Human Waste Composting Facility Failed To Adequately Analyze Enclosed Alternative
05/19/2010 Environmental Impact Report Was Not Deficient Because It Failed To Consider “True” Off-Site Alternative
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Labor and Employment Law
07/20/2010 Attorney Failed to State a Claim for Age Discrimination Because He Did Not Have “Clearly Superior Paper Credentials” to the Younger Attorney Who Was Hired for the Position
07/08/2010 UPDATE: Ninth Circuit Court Of Appeals Issues En Banc Opinion That Upholds Certification Of A Proposed Class Of Female Wal-Mart Employees For A Class Action Sex Discrimination Lawsuit
07/06/2010 Public Employment Relations Board Has Initial Jurisdiction Over Public Entity's Claims That A Strike By Some Or All Of Its Employees Is Illegal
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Municipal and Public Agency
07/23/2010 Redevelopment Plan Invalidated Because Findings of Blight Were Not Supported By Substantial Evidence
07/23/2010 United States Supreme Court: State Supreme Court’s Decision Regarding Beachfront Property Owners’ Claim Did Not Amount To A Judicial Taking Of Their Property Rights Without Just Compensation
07/23/2010 Developer Fees Calculated By Per Capita Cost Of Expected Future Growth Resulting From The Development Are Legal Under The Mitigation Fee Act
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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
07/23/2010 United States Supreme Court: State Supreme Court’s Decision Regarding Beachfront Property Owners’ Claim Did Not Amount To A Judicial Taking Of Their Property Rights Without Just Compensation
07/09/2010 Landowners Were Not Required To Seek General Plan Amendment In Order To Exhaust Their Administrative Remedies Before Filing Lawsuit For Inverse Condemnation
06/15/2010 Property Tax: Corporation-Owned Residence Not Eligible for Exemption, Value Transfer
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Redevelopment and Housing
07/23/2010 Redevelopment Plan Invalidated Because Findings of Blight Were Not Supported By Substantial Evidence
07/23/2010 Developer Fees Calculated By Per Capita Cost Of Expected Future Growth Resulting From The Development Are Legal Under The Mitigation Fee Act
07/12/2010 California Attorney General: Brown Act Real Property Exception Does Not Authorize Redevelopment Agency to Discuss Proposed Rehabilitation Loan Agreement In Closed Session
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Special Education
07/23/2010 Nonreelected Teacher’s Complaints About the Special Education Services Did Not Rise to the Level of Protected Disclosure
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
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Tax, Trusts and Estates
05/17/2010 Probate Court Could Order Return Of Wrongfully Acquired Funds To A Decedent’s Estate And Double Damages Even Though It Was Unclear Whether The Parties Bringing The Petition Were Entitled To The Funds
04/19/2010 Internal Revenue Service Unveils The Latest "Dirty Dozen" Notorious Tax Scams
03/31/2010 Will That Contained Provisions To Exclude Unmentioned Heirs And To Disinherit Will Contestants Did Not Sufficiently Express An Intent To Preclude The Operation Of California’s Anti-Lapse Statute
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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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