Legal Alerts

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Agribusiness
06/29/2015 The U.S. Supreme Court Confirms That The Constitution Requires The Government To Pay Just Compensation When It Directly Appropriates Personal Property
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Appeals and Writs
05/21/2015 A Public Entity Risks Incurring Inverse Condemnation Taking Damages If It Prevents Development Of Property Designated For A Public Use At Some Unknown Future Date
02/12/2015 Court Of Appeal Invalidates Portion Of IWC Wage Order Permitting Waiver Of Second Meal Period For Health Care Employees Working Shifts Longer Than 12 Hours
01/27/2015 Property Tax Refund Claims May Be Filed Directly In Superior Court When The Assessed Property Was Not Owned By The Taxpayer; Such Claims Are Governed By A Four-Year Limitations Period
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Banking and Creditors Rights
06/15/2015 U.S. Supreme Court to Decide Whether a Rule 68 Offer that Extends Full Relief Can Moot a Class Action
05/12/2015 Ninth Circuit Holds Creditors and Collectors Are Entitled to Prejudgment Interest Prior to Judgment
12/21/2014 Guarantors of a Construction Loan were Exonerated From Liability by a Bank's Misconduct Under the Loan Agreement, Notwithstanding the Broad Waiver Provisions in the Guarantees
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Business and Corporate Law
06/29/2015 The U.S. Supreme Court Confirms That The Constitution Requires The Government To Pay Just Compensation When It Directly Appropriates Personal Property
06/15/2015 U.S. Supreme Court to Decide Whether a Rule 68 Offer that Extends Full Relief Can Moot a Class Action
05/12/2015 Ninth Circuit Holds Creditors and Collectors Are Entitled to Prejudgment Interest Prior to Judgment
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Charter Schools
04/10/2015 California's Highest Court Provides Some Guidance Regarding School District Obligations To Charter Schools Under Proposition 39
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
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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
04/07/2015 Courts Disagree On How Much Money A Public Entity Can Retain In Disputes Involving Public Works Contracts
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
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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
04/21/2015 Church-State Relations: School District's Elementary Student Yoga Program Does Not Violate The California Constitution
04/13/2015 Online Student Privacy Updates: COPPA Receives Clarification From The Federal Trade Commission And New Laws From The California Legislature
04/10/2015 California's Highest Court Provides Some Guidance Regarding School District Obligations To Charter Schools Under Proposition 39
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Eminent Domain
05/21/2015 A Public Entity Risks Incurring Inverse Condemnation Taking Damages If It Prevents Development Of Property Designated For A Public Use At Some Unknown Future Date
04/20/2015 Public Agencies Can Use Mello-Roos Act Financing To Acquire Property By Eminent Domain
05/05/2014 City Not Liable for Flood Damage to Private Property After Court Determines City Acted Reasonably
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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
03/03/2015 California Supreme Court Clarifies Application Of The “Unusual Circumstances” Exception To Categorical Exemptions Under CEQA
11/13/2014 Court of Appeal Finds Agency May Eliminate Component Of Original Three-Part Proposal From Final EIR Without Unlawful Segmentation
09/29/2014 Public Agency May Recover the Cost of Supplementing Administrative Record
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Groundwater 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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Health Care
02/12/2015 Court Of Appeal Invalidates Portion Of IWC Wage Order Permitting Waiver Of Second Meal Period For Health Care Employees Working Shifts Longer Than 12 Hours
11/07/2013 Party May Be Awarded Attorney Fees in Defending Against Claim that Contract Is Invalid
11/01/2013 Arbitration Agreement with a Care Facility is not Enforceable when not Authorized by the Patient Herself
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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
03/26/2015 Supreme Court Finds TTAB Rulings On Likelihood Of Confusion May Preclude Infringement Litigation In Federal Court
01/27/2015 Let There Be Discounts! Copyrights Cannot Be Used To Control Importation Or Impair Competition
01/16/2014 Motion to Strike Under Anti-SLAPP Statute Erroneously Granted in Connection With Conversion, Unjust Enrichment and Breach of Fiduciary Duty Claims
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Labor and Employment Law
06/02/2015 Supreme Court Rules Employer Violates Title VII If An Applicant’s Need For A Religious Accommodation Was a Motivating Factor In The Employer’s Decision, Whether Or Not The Employer Had Actual Knowledge of the Need for An Accommodation
02/25/2015 The California Public Employment Relations Board Broadly Construes Protected Activity Under Educational Employment Relations Act
02/19/2015 California Court Of Appeal Finds The City Of Santa Monica Was Not Required To Eliminate Essential Job Functions To Accommodate Disabled Employee And Engaging In The Interactive Process Does Not Constitute Protected Conduct Under FEHA
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Litigation
06/15/2015 U.S. Supreme Court to Decide Whether a Rule 68 Offer that Extends Full Relief Can Moot a Class Action
06/02/2015 Supreme Court Rules Employer Violates Title VII If An Applicant’s Need For A Religious Accommodation Was a Motivating Factor In The Employer’s Decision, Whether Or Not The Employer Had Actual Knowledge of the Need for An Accommodation
05/21/2015 A Public Entity Risks Incurring Inverse Condemnation Taking Damages If It Prevents Development Of Property Designated For A Public Use At Some Unknown Future Date
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Public Agency
06/29/2015 The U.S. Supreme Court Confirms That The Constitution Requires The Government To Pay Just Compensation When It Directly Appropriates Personal Property
06/25/2015 United States Supreme Court Declares Town Sign Ordinance Unconstitutional
06/17/2015 California Supreme Court Upholds City of San Jose’s Inclusionary Housing Ordinance as a Valid Land Use Regulation, Not an Exaction or Taking
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Public Finance
04/20/2015 Public Agencies Can Use Mello-Roos Act Financing To Acquire Property By Eminent Domain
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
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Real Estate and Land Use Law
03/03/2015 California Supreme Court Clarifies Application Of The “Unusual Circumstances” Exception To Categorical Exemptions Under CEQA
11/03/2014 Bank is Not Entitled to Deficiency Judgment Against Debtors Who Did Not Consent to Disposal of One of Two Properties Securing the Loan
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
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Special Education
04/13/2015 Online Student Privacy Updates: COPPA Receives Clarification From The Federal Trade Commission And New Laws From The California Legislature
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
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Taxation
02/04/2015 Federal Mortgage Programs are Exempt from County Transfer Tax
01/27/2015 Property Tax Refund Claims May Be Filed Directly In Superior Court When The Assessed Property Was Not Owned By The Taxpayer; Such Claims Are Governed By A Four-Year Limitations Period
11/11/2014 Courts Uphold Supplemental Assessment of Wells and Related Facilities/Improvements; and Validate Use of Cost Approach
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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
04/21/2015 Court: City's Tiered Water Rates Do Not Meet Prop. 218’s Cost-of-Service Mandate
11/13/2014 Court of Appeal Finds Agency May Eliminate Component Of Original Three-Part Proposal From Final EIR Without Unlawful Segmentation
09/16/2014 Governor Signs Tough Groundwater Management Law
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