Legal Alerts

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Appeals and Writs
03/19/2014 Court Rejects Statute Allowing Court Ordered Entry Onto Private Property by Public Agencies for Pre-Acquisition Testing
03/19/2014 Court Upholds City's Ability to Regulate an Advertising Sign After Finding the City's Decision was Supported by Substantial Evidence
03/06/2014 The Constitutional Rights of Students Wearing American Flag Shirts on Cinco de Mayo Were Not Violated When They Were Required to Remove or Turn Their Shirts Inside Out or Leave School for the Day To Prevent Substantial Disruption or Violence at the School
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Banking and Creditors Rights
02/14/2014 Court of Appeal Confirms that Laborers and Materialmen Have Priority over Construction Lenders to Funds Used to Develop the Project
02/10/2014 Bona Fide Lease of Illegally Converted Garage May Survive Foreclosure of Real Property Through End of Lease Term
01/13/2014 Loan Guarantors Fail To Establish Sham Guaranty Defense to Avoid Commercial Loan Obligations
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Business Law
02/26/2014 City May Waive Low Bidder’s Failure to Include First Page of a Bid Bond as an Inconsequential Irregularity
01/13/2014 Loan Guarantors Fail To Establish Sham Guaranty Defense to Avoid Commercial Loan Obligations
12/30/2013 Attorney General Determines Business Location Where Employees Work For Someone Other than the Business Owner is a "Place of Employment" Subject to State Anti-Smoking Law
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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
02/26/2014 City May Waive Low Bidder’s Failure to Include First Page of a Bid Bond as an Inconsequential Irregularity
02/14/2014 Court of Appeal Confirms that Laborers and Materialmen Have Priority over Construction Lenders to Funds Used to Develop the Project
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Economic Development and Housing
02/10/2014 Bona Fide Lease of Illegally Converted Garage May Survive Foreclosure of Real Property Through End of Lease Term
02/05/2014 California Supreme Court Reverses the Court of Appeals and the Assessment Appeals Board...
01/24/2014 “Spot Zoning” Found Permissible Where Small Parcel Given Greater Rights than Surrounding Properties and New Zoning Served the Public Interest
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Education Law
03/31/2014 Communications by Public Officials Using Private Cell Phone or E-Mail Accounts are Not Public Records
03/13/2014 Update on Recent Education Legislation
03/13/2014 Update on Recent Education Legislation
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Eminent Domain
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
08/29/2013 A Jury in an Eminent Domain Action Must Decide if “Reasonable Probability” Exists that Government Will Require Dedication of Land as Development Condition and if the Dedication is “Roughly Proportionate” to Potential Impacts of Remaining Development
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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
03/03/2014 Court of Appeal Finds Caltrans Omitted Material Necessary to Informed Decision Making by Failing to Include a Threshold of Significance for Old Growth Redwood Trees and Including Mitigation Measures as Part of Project Description
01/24/2014 “Spot Zoning” Found Permissible Where Small Parcel Given Greater Rights than Surrounding Properties and New Zoning Served the Public Interest
01/17/2014 Preparation of EIR Not Required for Ordinance Banning Single-Use Plastic Bags and Establishing Fee for Paper and Noncompostable Bags
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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
02/19/2014 CalPERS May Calculate Retirement Benefits for a City Council Member Separately From His Benefits as a City Employee
02/07/2014 Classified Management Employee’s Misconduct Justified School District’s Termination of Employment, Despite Protected Speech
02/04/2014 Donning and Doffing Protective Gear Constitutes ‘Changing Clothes’ for Purposes of the FLSA
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Litigation
12/04/2013 Value of Intangible Assets That Make a Direct Contribution to the Going Concern Value of a Business Must be Deducted from Property Valuation, as the Assessor Did Correctly
12/02/2013 Cities May Ban Medical Marijuana Cultivation
12/02/2013 Employee Stated a Claim for Associational Discrimination when Fired After Seeking Time Off to Donate a Kidney to his Sister
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Public Agency
03/31/2014 Communications by Public Officials Using Private Cell Phone or E-Mail Accounts are Not Public Records
03/19/2014 Court Rejects Statute Allowing Court Ordered Entry Onto Private Property by Public Agencies for Pre-Acquisition Testing
03/19/2014 Court Upholds City's Ability to Regulate an Advertising Sign After Finding the City's Decision was Supported by Substantial Evidence
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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
03/19/2014 Court Rejects Statute Allowing Court Ordered Entry Onto Private Property by Public Agencies for Pre-Acquisition Testing
02/10/2014 Bona Fide Lease of Illegally Converted Garage May Survive Foreclosure of Real Property Through End of Lease Term
02/05/2014 California Supreme Court Reverses the Court of Appeals and the Assessment Appeals Board...
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Special Education
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
08/13/2013 California Supreme Court Rules That Trained School Personnel May Administer Insulin To Diabetic Students
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Taxation
02/10/2014 Court Authorizes City Subsidy to Car Dealer Two Years After Dealer Relocates to City
02/05/2014 California Supreme Court Reverses the Court of Appeals and the Assessment Appeals Board...
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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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
11/07/2013 “Pay First, Litigate Later” Doctrine Applies to Local Governments: Taxpayers Required to Pay Local Assessments Until Resolution of Tax Litigation
09/26/2013 State Water Resources Control Board May Prevent Illegal Diversions Of Water, Even If Diverter Claims Riparian Or Pre-1914 Appropriative Water Right
08/15/2013 Local Initiative Measures May Not Set Water Rates Lower than Amount Needed to Cover Required Costs under the Water Code
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