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Legal Alerts

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Appeals and Writs
04/12/2012 Employers are Required to Provide Meal and Rest Periods but Not Required to Ensure That Employees Utilize the Meal and Rest Periods
11/08/2011 Furlough Of Correctional Officers Did Not Violate Labor Code
10/17/2010 Court Upholds Urban Water Agency's Supply Projections Despite Uncertainties Arising From Listed Species And Environmental Regulations
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Banking and Creditors Rights
12/30/2011 Federal Appeals Court Permits Lawsuit to Proceed Against Lender for Alleged Violation of Truth in Lending Act
12/30/2011 Lawsuit Against Bank For Payment Of Forged Check Drawn On Credit Account Was Not Subject To One-Year Statute Of Limitations
11/26/2011 Congress' Repeal Of Consumers' Right To Sue To Enforce The Truth In Savings Act ("TISA") Also Prohibits Actions Under State Laws To Enforce the Act
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Business Law
11/07/2011 SB 293 Imposes Retention Cap on Public Projects
10/12/2011 New IRS Guidelines Provide That Personal Use Of Employer Provided Cell Phones Are Generally Nontaxable
06/28/2011 Lessor Of Business Not Entitled To Lost Goodwill Compensation Because It Did Not Own The Business
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Climate Change
09/07/2011 City Properly Balanced Benefits Of Hospital Project Against Its Adverse Impacts On Neighboring Residents
06/28/2011 Environmental Group Failed To Exhaust its Administrative Remedies Before Bringing Suit Against City of San Diego
01/11/2011 UPDATE: Pollution Control District's Rule Relating to Emissions Associated With Development Sites is Not Preempted by the Federal Clean Air Act
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Education Law
05/07/2012 California Legislative Analysts Office Examines Fiscal Oversight System For School Districts
04/12/2012 Employers are Required to Provide Meal and Rest Periods but Not Required to Ensure That Employees Utilize the Meal and Rest Periods
03/06/2012 Appellate Court Case Significantly Impacts The Classification And Release Of Categorical Employees
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Eminent Domain
06/28/2011 Lessor Of Business Not Entitled To Lost Goodwill Compensation Because It Did Not Own The Business
02/10/2011 Property Owner's Claim for Inverse Condemnation Did Not Accrue Until City's Occupation of the Property Became Wrongful, Which Was Not Until the Eminent Domain Proceeding Was Dismissed
07/07/2009 The Lack Of A Written Lease Is Not Fatal To A Business Owner's Quest For Compensation For Loss Of Goodwill In An 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
03/13/2012 Construction of Enormous House on Hillside is “Unusual Circumstances” Not Entitled to Infill Exemption from CEQA
01/09/2012 Frost Protection Water Use in Russian River Watershed, Even by Groundwater Pumpers, Now Conditional on SWRCB Approval of a Water Demand Management Program
10/24/2011 County's Error In Failing To Provide CEQA Notice To Public Agency Was Not Prejudicial
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Labor and Employment Law
04/12/2012 Employers are Required to Provide Meal and Rest Periods but Not Required to Ensure That Employees Utilize the Meal and Rest Periods
03/30/2012 Peace Officer Did Not Have The Right To Review Records After He Was Terminated
03/28/2012 State Employee May Not Sue To Recover Damages For Violation Of FMLA’s Self-Care Provision
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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
05/15/2012 Eviction Of Tenant Without Cause From Low Income Housing Which is Government-Subsidized But Privately Owned Violated Tenant’s Right To Due Process
04/27/2012 Court Of Appeal Clarifies Limits Of Legal Protection Provided To Medical Marijuana Collectives, Cooperatives And Dispensaries Under The CUA And The MMPA
04/24/2012 No Change Of Ownership Assessment Exemption For Property Sold To Private Party Under Threat Of Condemnation
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Public Finance
02/03/2012 AB 1344 Addresses Employment Contracts, Open Meetings Notice, and Penalties for Misuse of Public Office
12/29/2011 SUPREME COURT OF CALIFORNIA ELIMINATES REDEVELOPMENT AGENCIES
11/15/2011 AB 436 Clarifies Changes To Monitoring And Enforcement Of Prevailing Wage Compliance For Public Works Contracts
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Real Estate and Land Use Law
05/16/2012 Church Members Prohibited From Soliciting Donations In Front Of Grocery Store
04/24/2012 No Change Of Ownership Assessment Exemption For Property Sold To Private Party Under Threat Of Condemnation
03/13/2012 City Zoning Ordinance Prohibiting Conversion Of Senior Mobilehome Parks To All-Age Parks Does Not Violate Federal Housing Discrimination Laws
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Redevelopment and Housing
05/15/2012 Eviction Of Tenant Without Cause From Low Income Housing Which is Government-Subsidized But Privately Owned Violated Tenant’s Right To Due Process
04/24/2012 No Change Of Ownership Assessment Exemption For Property Sold To Private Party Under Threat Of Condemnation
01/23/2012 City's Development Restrictions Constituted Spot Zoning
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Special Education
02/09/2012 OCR Issues Dear Colleague Letter Regarding 2008 Americans with Disabilities Act Amendments
05/30/2011 UPDATE: Denial of Award for Private School Tuition Was Proper Where Student Was Enrolled for Non-Educational Reasons
03/04/2011 Requirement That Transfer District Must Provide Services Comparable To A Previously Approved Individualized Education Program Refers To Last Individualized Education Program That Was Actually Implemented
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Taxation
04/24/2012 No Change Of Ownership Assessment Exemption For Property Sold To Private Party Under Threat Of Condemnation
02/03/2012 Attorney General: Pre-Proposition 26 Green Building Standards Fee Is Not A Tax
12/29/2011 SUPREME COURT OF CALIFORNIA ELIMINATES REDEVELOPMENT AGENCIES
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Trusts and Estates
05/03/2012 Summary Judgment May Not Be Granted In Elder Abuse Case When A Complete Defense Has Not Been Established
04/23/2012 When A Trust Specifies How It May be Modified, A Modification Made Differently Is Not Valid
04/05/2012 Beneficiaries’ Challenges To Trust Constitutes A Contest That Violates Trust’s No Contest Clause
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Water Law
01/09/2012 Frost Protection Water Use in Russian River Watershed, Even by Groundwater Pumpers, Now Conditional on SWRCB Approval of a Water Demand Management Program
10/04/2011 Court Invalidates Urban Development Project EIR For Failing To Disclose And Address Water Supply Uncertainties
09/25/2011 Water District's New Rate Structure Failed To Comply With Requirements Of Proposition 218
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