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Legal Alerts

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Appeals and Writs
01/29/2013 Presidential Appointments To The National Labor Relations Board Are Invalid
11/23/2012 Lead Agency Could Not Bypass CEQA Review By Adopting A Voter-Sponsored Initiative As An Ordinance Instead Of Placing The Initiative On The Ballot
10/17/2012 New CEQA Decision Provides Guidance and Caution in Agency Actions Approving Water Supply Contracts
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Banking and Creditors Rights
05/22/2013 Incentive Awards Corrupted Class Action Settlement By Undermining Adequacy Of Class Representatives And Counsel
05/02/2013 Reports Of Late Payments To Credit Reporting Agencies While Bankruptcy Is Pending Do Not Violate Federal And State Fair Credit Reporting Laws
04/29/2013 Court of Appeal Finds Arbitration Clause with Low Level of Unconscionability Allows for Compelled Arbitration
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Business Law
02/21/2013 Attorney General Prevails In Lawsuit Against Income Tax Preparation Company
01/29/2013 Presidential Appointments To The National Labor Relations Board Are Invalid
12/04/2012 State Mandated Accessibility Inspections
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Climate Change
11/08/2012 Minor Deficiencies And Inaccuracies In Environmental Impact Report Did Not Prejudice The Environmental Review Process
07/09/2012 California Air Resources Board’s Climate Change Scoping Plan Complies With The Global Warming Solutions Act Of 2006
09/07/2011 City Properly Balanced Benefits Of Hospital Project Against Its Adverse Impacts On Neighboring Residents
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Economic Development and Housing
04/23/2013 Housing Development With Optional Retail Component Qualifies For CEQA Exemption For Residential Projects Consistent With Previously Approved Specific Plan
01/25/2013 No Need To Address Adjacent Project In EIR Because Projects Are Separate, Have Different Proponents, And Serve Different Purposes
01/21/2013 Homeowners May Sue Design Professionals For Construction Defects
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Education Law
05/24/2013 Court Of Appeal Overturns District’s Dismissal Of Teacher Accused Of Inappropriately Touching A Student
05/20/2013 Community College District Required To Negotiate With Union Over The Effects Of Its Decision To Install Security Surveillance Cameras
05/17/2013 Court of Appeal Narrowly Reads School Bond Measure Language In Siding with Taxpayer Group’s Challenge To High School Stadium Lighting Project
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Eminent Domain
01/14/2013 Court of Appeal Clarifies The Expert Valuation Evidence A Jury Should Be Able To Consider In An Eminent Domain Action
12/06/2012 Winery Which Has Plans For Pricy Premium Wine, But Has Not Yet Turned a Profit, Has No Compensable “Goodwill” When Land and Vines Are Taken in Eminent Domain Action
08/24/2012 Inadmissible Property Valuation Evidence Could Not Be Used To Impeach Expert During Eminent Domain Proceeding
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Energy
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
05/17/2013 Court of Appeal Narrowly Reads School Bond Measure Language In Siding with Taxpayer Group’s Challenge To High School Stadium Lighting Project
05/10/2013 Public Agency May Begin Eminent Domain Proceedings Before Completing CEQA Review, But May Not Actually Acquire The Property Until After CEQA Compliance
04/23/2013 Housing Development With Optional Retail Component Qualifies For CEQA Exemption For Residential Projects Consistent With Previously Approved Specific Plan
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Labor and Employment Law
05/21/2013 Retired County Employees Can Amend Their Complaint In An Attempt To Prove Existence Of A Contract for Health Benefits
05/21/2013 Even After Pregnancy Disability Leave Is Exhausted, Terminated Employee May State A Cause Of Action Under The Fair Employment And Housing Act
04/29/2013 Court Of Appeal Examines Personnel Action Defense In Workers’ Compensation Cases
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Litigation
06/27/2011 Law Firm Liable For Violations Of The Fair Debt Collection Practices Act
06/27/2011 Protection From Disclosure Of Personal Identification Information With Use Of Credit Card Extends To Cardholders Who Use Personal Credit Cards For Business Purposes
06/20/2011 Settlement Offer That Excluded "Costs" Likewise Excluded Attorney Fees
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Public Agency
05/14/2013 Court Upholds Zoning Ordinance That Restricts Location Of Medical Marijuana Collectives And Cooperatives
05/10/2013 Public Agency May Begin Eminent Domain Proceedings Before Completing CEQA Review, But May Not Actually Acquire The Property Until After CEQA Compliance
05/08/2013 California Supreme Court: Cities Can Ban Facilities That Distribute Medical Marijuana
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Public Finance
03/18/2013 UPDATE: After Rehearing, Court Of Appeal Upholds Its Previous Parcel Tax Ruling
03/18/2013 SCA 3 Proposes Constitutional Amendment To Lower Voter Approval Requirement For Parcel Taxes From Two-Thirds To 55 Percent For School Districts
10/24/2012 Assembly Bill 340 Amends Public Retirement Systems
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Real Estate and Land Use Law
05/14/2013 Court Upholds Zoning Ordinance That Restricts Location Of Medical Marijuana Collectives And Cooperatives
05/10/2013 Public Agency May Begin Eminent Domain Proceedings Before Completing CEQA Review, But May Not Actually Acquire The Property Until After CEQA Compliance
05/08/2013 California Supreme Court: Cities Can Ban Facilities That Distribute Medical Marijuana
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Special Education
02/13/2013 School District Granted Substantial Attorneys’ Fees Award For Its Defense Of Frivolous Lawsuit Brought By A Student’s Parent
12/11/2012 Legislative Update: Legislature Addresses Gifted And Talented Program, Indirect Cost Rates, Educational Placement Of Foster Children, And Paid Leaves of Absence
02/09/2012 OCR Issues Dear Colleague Letter Regarding 2008 Americans with Disabilities Act Amendments
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Taxation
04/16/2013 Adverse Possessor Of Religious Nonprofit’s Land Does Not Need To Pay Property Taxes To Obtain Title To Land
04/11/2013 Court Of Appeal Upholds Trial Court’s Ruling That Rejected County Assessor’s Increased Valuation Of Business Property
03/11/2013 Paper Carryout Bag Charge Is Not A Tax
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Trusts and Estates
04/10/2013 Relying On Accountant's Incorrect Advice About The Length Of A Filing Extension Is Not Reasonable Cause For The Late Filing
02/01/2013 Drafter Of A Will Who Is Related By Marriage To The Transferor At The Time Of The Drafting, But Not At The Time Of Death, May Be A Beneficiary
01/25/2013 When Statutes Of Limitations Conflict, Newer And More Specific Statute Takes Precedence Allowing Lawsuit To Proceed
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Water and Natural Resources Law
04/10/2013 Late Filing Of Appeal Of Environmental Impact Report And Project Approval Is Not Excused Under Code Of Civil Procedure Section 473
03/29/2013 Court Of Appeal Finds County Approval Of EIR For Sand And Gravel Mining Project Does Not Violate CEQA
03/29/2013 UPDATE: Court Of Appeal Changes Its Mind On The Issue Of Whether A City Misdescribed A Project’s Objectives
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