Legal Alerts

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Appeals and Writs
10/28/2014 Constitutional Default Interest Rate of 7% Rather Than 10% Default for Breach of Contract, Applies to Prejudgment Interest on a Mechanic's Lien as Applied to Noncontracting, Innocent Owners
10/21/2014 California Court of Appeal Limits the Scope of California's Unfair Competition Law by Denying Availability of Civil Penalties for Workplace Safety Violations
10/15/2014 Court Applies MMBA Meet and Confer Requirement to Reorganization of Police Department Command Structure
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Banking and Creditors Rights
10/28/2014 Constitutional Default Interest Rate of 7% Rather Than 10% Default for Breach of Contract, Applies to Prejudgment Interest on a Mechanic's Lien as Applied to Noncontracting, Innocent Owners
08/17/2014 Bankruptcy Appellate Panel Holds That Contempt Proceedings Filed Against Debtor Were Not Subject To Automatic Stay
08/14/2014 Bank Must Face Homeowner’s Negligence Claim Because It Owes A Duty To Use Reasonable Care In Processing Loan Modification
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Business and Corporate Law
10/13/2014 Documentary Transfer Tax May Be Imposed When A Change of Ownership Occurs For Property Tax Purposes Due To A Transfer Of Ownership Interests In An Entity
07/31/2014 Program Accessibility Under the ADA: An Exception for Public Owners
07/07/2014 Court of Appeal Ameliorates (a Bit) the "Harshness" of Business and Professions Code Section 7031
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Charter Schools
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
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”
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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
08/04/2014 DSA Announces New Project Certification Process for Community College and K-12 Projects
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
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Economic Development and Housing
10/28/2014 Constitutional Default Interest Rate of 7% Rather Than 10% Default for Breach of Contract, Applies to Prejudgment Interest on a Mechanic's Lien as Applied to Noncontracting, Innocent Owners
09/30/2014 Enhanced Infrastructure Financing District Legislation Brings Back Tax Increment Financing to California
07/07/2014 Court of Appeal Ameliorates (a Bit) the "Harshness" of Business and Professions Code Section 7031
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Education Law
09/15/2014 Private University Professor Was Properly Fired For Exhibiting Frightening Behavior
08/08/2014 Student Can Be Eligible For Special Education With Both A Specific Learning Disability And Other Health Impairment At The Same Time; But District Reasonably Found Neither Category Applied
08/04/2014 Public Records Act Did Not Require School District To Produce Student Academic Growth Over Time Scores That Identified Individual Teacher Names Tied To Those Scores
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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
09/29/2014 Public Agency May Recover the Cost of Supplementing Administrative Record
09/16/2014 Governor Signs Tough Groundwater Management Law
09/15/2014 Court of Appeal Confirms Subdivision is a CEQA Project
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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
10/21/2014 California Court of Appeal Limits the Scope of California's Unfair Competition Law by Denying Availability of Civil Penalties for Workplace Safety Violations
10/15/2014 Court Applies MMBA Meet and Confer Requirement to Reorganization of Police Department Command Structure
10/14/2014 California’s Second and Fourth Appellate Districts Split Over Who Should Decide Whether Agreement Authorizes Class Arbitration – Court or Arbitrator
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Litigation
10/28/2014 Constitutional Default Interest Rate of 7% Rather Than 10% Default for Breach of Contract, Applies to Prejudgment Interest on a Mechanic's Lien as Applied to Noncontracting, Innocent Owners
10/21/2014 California Court of Appeal Limits the Scope of California's Unfair Competition Law by Denying Availability of Civil Penalties for Workplace Safety Violations
10/15/2014 Court Applies MMBA Meet and Confer Requirement to Reorganization of Police Department Command Structure
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Public Agency
10/15/2014 Court Applies MMBA Meet and Confer Requirement to Reorganization of Police Department Command Structure
10/13/2014 Documentary Transfer Tax May Be Imposed When A Change of Ownership Occurs For Property Tax Purposes Due To A Transfer Of Ownership Interests In An Entity
09/30/2014 Enhanced Infrastructure Financing District Legislation Brings Back Tax Increment Financing to California
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Public Finance
09/30/2014 Enhanced Infrastructure Financing District Legislation Brings Back Tax Increment Financing to California
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
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Real Estate and Land Use Law
10/28/2014 Constitutional Default Interest Rate of 7% Rather Than 10% Default for Breach of Contract, Applies to Prejudgment Interest on a Mechanic's Lien as Applied to Noncontracting, Innocent Owners
10/13/2014 Documentary Transfer Tax May Be Imposed When A Change of Ownership Occurs For Property Tax Purposes Due To A Transfer Of Ownership Interests In An Entity
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
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Special Education
08/08/2014 Student Can Be Eligible For Special Education With Both A Specific Learning Disability And Other Health Impairment At The Same Time; But District Reasonably Found Neither Category Applied
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
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Taxation
10/13/2014 Documentary Transfer Tax May Be Imposed When A Change of Ownership Occurs For Property Tax Purposes Due To A Transfer Of Ownership Interests In An Entity
09/30/2014 Enhanced Infrastructure Financing District Legislation Brings Back Tax Increment Financing to California
08/15/2014 Special Tax Approved by Landowner Voters Invalidated; Mello-Roos Taxes Implicated
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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
09/16/2014 Governor Signs Tough Groundwater Management Law
09/03/2014 California Legislature Passes Tough Groundwater Management Law
07/18/2014 Court: Public Trust Doctrine Applies to County Approval of Permits For New Groundwater Wells Affecting Navigable Stream
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