Legal Alerts

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Appeals and Writs
07/28/2014 An Assessor Must Consider A Claim For Prospective Property Tax Relief Involving Condemned Property Even If The Owner Files The Claim Beyond The Statutory Time Limitation
07/27/2014 Arbitrator To Decide Whether Arbitration Agreement Provides For Class Arbitration
07/24/2014 California Law Does Not Prohibit Employers From Deducting From Exempt Employees' Vacation Leave Credits Even For Absences Of Less Than Four Hours
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Banking and Creditors Rights
07/15/2014 Under Well Established California Law, Judgment In Favor Of Borrower In A Lawsuit Brought To Foreclose A Mechanic's Lien After Property Had Been Foreclosed Upon And Sold To Third Party, Is Reversed And Remanded
07/15/2014 Court Of Appeal Affirms Dismissal Of Borrower's Action Against Bank To Prevent Bank From Initiating Foreclosure Proceedings
07/07/2014 Court Confirms Bank Can Be Held Liable for Conduct and Representations Occurring During Loan Modification Process
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Business and Corporate Law
07/07/2014 Court of Appeal Ameliorates (a Bit) the "Harshness" of Business and Professions Code Section 7031
05/27/2014 Court Of Appeal Finds Lender Is Not Entitled To Recover Portion Of Developer's Future Judgment In Connection With Property Damage From Wildfires
05/15/2014 A Settlement Agreement's Liquidated Damages Clause That Bears No Reasonable Relationship To Actual Damages Constitutes An Unenforceable Penalty
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Charter Schools
09/04/2013 Update on Recent Education Legislation
07/16/2013 California Supreme Court Holds That County Board Revocation Procedures Provided Charter School With Constitutionally Adequate “Due Process”
07/12/2013 Court Rules Student Dismissed From Charter School Was Not “Expelled,” Thus Not Entitled To Evidentiary Hearing
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Climate Change
09/18/2013 Environmental Impact Report Must Compare Existing Greenhouse Gas Emissions to Those of the Proposed Project
07/30/2013 CEQA Review Of Regulatory Program Must be Completed Before Approval Of Regulations
11/08/2012 Minor Deficiencies And Inaccuracies In Environmental Impact Report Did Not Prejudice The Environmental Review Process
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Construction Law
07/11/2014 DIR Launches New Mandatory Registration Program for Public Works Projects
07/07/2014 Court of Appeal Ameliorates (a Bit) the "Harshness" of Business and Professions Code Section 7031
02/26/2014 City May Waive Low Bidder’s Failure to Include First Page of a Bid Bond as an Inconsequential Irregularity
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Economic Development and Housing
07/07/2014 Court of Appeal Ameliorates (a Bit) the "Harshness" of Business and Professions Code Section 7031
06/02/2014 Tenant Opposition May Justify Rejection of Mobilehome Park Conversion Bid
04/23/2014 Developer's Subdivision Project for County Deemed Private Work of Improvement for Purposes of Subcontractor's Claim, Extending Subcontractor's Statute of Limitation
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Education Law
07/11/2014 Amended California Special Education Regulations In Effect
06/27/2014 Chartering Authority Must Make Findings Supported by Substantial Evidence Showing it Considered Increases in Academic Achievement for All Groups of Pupils Served by the Charter School as the Most Important Factor in Deciding Whether to Revoke a Charter
06/11/2014 L.A. Superior Court Rules Key Teacher Tenure, Dismissal, and Layoff Statutes Unconstitutional
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Eminent Domain
05/05/2014 City Not Liable for Flood Damage to Private Property After Court Determines City Acted Reasonably
03/19/2014 Court Rejects Statute Allowing Court Ordered Entry Onto Private Property by Public Agencies for Pre-Acquisition Testing
01/28/2014 Requirement That Landowners Give Aircraft Overflight Easement Before Obtaining Building Permit Did Not Constitute a Taking of Their Property
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Energy
09/10/2013 California Supreme Court Update: Air Quality Emissions Reduction Credits May Be Considered in Assessing Unit Value of Power Plant, But the Fair Market Value of Credits Themselves Must Be Excluded from Assessment and Direct Taxation
06/07/2011 Value Of Emission Reduction Credits Could Be Included In The Assessment Of Power Plant For Property Tax Purposes
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
07/18/2014 Court: Public Trust Doctrine Applies to County Approval of Permits For New Groundwater Wells Affecting Navigable Stream
07/10/2014 Cities, Districts, Others To Restrict Lawn Watering, Car Washing, Pavement Washdowns And Fountains Under Proposed Statewide Emergency Regulation
04/23/2014 Court of Appeal Finds Unusual Circumstances Exception Inapplicable
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Insurance Coverage
11/22/2013 Insurance Company that Issues Liability Policy does not need to Defend Insured Party Against a Non-Financial Claim
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Intellectual Property
01/16/2014 Motion to Strike Under Anti-SLAPP Statute Erroneously Granted in Connection With Conversion, Unjust Enrichment and Breach of Fiduciary Duty Claims
11/26/2013 Doctrine of “Tacking” was Properly Applied to Establish Bank’s Priority in Trademark Action
10/28/2013 California Appellate Court Reaffirms the Trade Secret Displacement (Preemption) Doctrine
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Labor and Employment Law
07/27/2014 Arbitrator To Decide Whether Arbitration Agreement Provides For Class Arbitration
07/24/2014 California Law Does Not Prohibit Employers From Deducting From Exempt Employees' Vacation Leave Credits Even For Absences Of Less Than Four Hours
07/16/2014 California Employers May Not Allocate Commissions Paid In One Pay Period To Different Pay Periods To Satisfy California Wage And Hour Laws
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Litigation
07/28/2014 An Assessor Must Consider A Claim For Prospective Property Tax Relief Involving Condemned Property Even If The Owner Files The Claim Beyond The Statutory Time Limitation
07/27/2014 Arbitrator To Decide Whether Arbitration Agreement Provides For Class Arbitration
07/24/2014 California Law Does Not Prohibit Employers From Deducting From Exempt Employees' Vacation Leave Credits Even For Absences Of Less Than Four Hours
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Public Agency
07/24/2014 Hotel Reassessment Invalid When LLC Owning Hotel Sells 100 Percent Membership Interest But No Person Or Legal Entity Obtains More Than 50 percent Interest In The LLC
07/16/2014 Income Approach Requires Assessors To Identify And Deduct Specific Intangible Assets
07/11/2014 DIR Launches New Mandatory Registration Program for Public Works Projects
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Public Finance
02/10/2014 Court Authorizes City Subsidy to Car Dealer Two Years After Dealer Relocates to City
02/04/2014 Cities Entitled to Pre and Post Judgment Interest for Tax Administration Fees Improperly Calculated and Withheld by County
11/07/2013 “Pay First, Litigate Later” Doctrine Applies to Local Governments: Taxpayers Required to Pay Local Assessments Until Resolution of Tax Litigation
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Real Estate and Land Use Law
07/28/2014 An Assessor Must Consider A Claim For Prospective Property Tax Relief Involving Condemned Property Even If The Owner Files The Claim Beyond The Statutory Time Limitation
07/24/2014 Hotel Reassessment Invalid When LLC Owning Hotel Sells 100 Percent Membership Interest But No Person Or Legal Entity Obtains More Than 50 percent Interest In The LLC
07/07/2014 Court Confirms Bank Can Be Held Liable for Conduct and Representations Occurring During Loan Modification Process
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Special Education
07/11/2014 Amended California Special Education Regulations In Effect
12/18/2013 Education Code Section 56041 Requires the District of the Parents' Residence to Provide Special Education Services to Eligible County Jail Inmates Between Age 18 and 22
08/22/2013 Legislature Repeals Hughes Bill
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Taxation
07/28/2014 An Assessor Must Consider A Claim For Prospective Property Tax Relief Involving Condemned Property Even If The Owner Files The Claim Beyond The Statutory Time Limitation
07/24/2014 Hotel Reassessment Invalid When LLC Owning Hotel Sells 100 Percent Membership Interest But No Person Or Legal Entity Obtains More Than 50 percent Interest In The LLC
07/16/2014 Income Approach Requires Assessors To Identify And Deduct Specific Intangible Assets
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Trusts and Estates
01/24/2014 Wife's Undue Influence Over Changes Made to Husband's Trust Voids Changed Terms of the Trust
01/16/2014 Motion to Strike Under Anti-SLAPP Statute Erroneously Granted in Connection With Conversion, Unjust Enrichment and Breach of Fiduciary Duty Claims
01/03/2014 UPDATE: California Supreme Court Rules That a No-Contest Clause in a Trust is Unenforceable Except Under Specific Circumstances
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Water and Natural Resources Law
07/18/2014 Court: Public Trust Doctrine Applies to County Approval of Permits For New Groundwater Wells Affecting Navigable Stream
07/10/2014 Cities, Districts, Others To Restrict Lawn Watering, Car Washing, Pavement Washdowns And Fountains Under Proposed Statewide Emergency Regulation
11/07/2013 “Pay First, Litigate Later” Doctrine Applies to Local Governments: Taxpayers Required to Pay Local Assessments Until Resolution of Tax Litigation
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