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Legal Alerts

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Appeals and Writs
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
10/11/2010 California Supreme Court Upholds Furloughs Of State Employees Based On Legislative Approval Of Furloughs Contained In State Budget
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Banking and Creditors Rights
12/30/2011 Lawsuit Against Bank For Payment Of Forged Check Drawn On Credit Account Was Not Subject To One-Year Statute Of Limitations
12/30/2011 Federal Appeals Court Permits Lawsuit to Proceed Against Lender for Alleged Violation of Truth in Lending Act
11/26/2011 IRS Not Required To Notify Company Of Bank Summons Regarding Its Account Where Targeted Taxpayer Had Significant Interest In The Company
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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
02/03/2012 AB 1344 Addresses Employment Contracts, Open Meetings Notice, and Penalties for Misuse of Public Office
01/20/2012 UPDATE: Supreme Court Declines to Hear Cases on Student Speech
12/30/2011 U.S. Supreme Court: Child's Age Must Factor Into Miranda Custody Analysis
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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
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
10/04/2011 Court Invalidates Urban Development Project EIR For Failing To Disclose And Address Water Supply Uncertainties
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Labor and Employment Law
01/30/2012 United States Supreme Court Recognizes “Ministerial Exception” To Employment Discrimination Laws
01/30/2012 Can An Employer Discipline An Employee Who Makes A False Complaint Of Sexual Harassment?
12/30/2011 UPDATE: Do You Know About The New National Labor Relations Board Poster Requirement?
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Litigation
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
06/27/2011 Law Firm Liable For Violations Of The Fair Debt Collection Practices Act
06/20/2011 Settlement Offer That Excluded "Costs" Likewise Excluded Attorney Fees
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Public Agency
02/03/2012 AB 1344 Addresses Employment Contracts, Open Meetings Notice, and Penalties for Misuse of Public Office
02/03/2012 Attorney General: Pre-Proposition 26 Green Building Standards Fee Is Not A Tax
01/30/2012 Can An Employer Discipline An Employee Who Makes A False Complaint Of Sexual Harassment?
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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
02/03/2012 Attorney General: Pre-Proposition 26 Green Building Standards Fee Is Not A Tax
01/23/2012 City's Development Restrictions Constituted Spot Zoning
12/21/2011 No Inverse Condemnation Claim Where City Threatened But Did Not Proceed With Plans For Condemnation
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Redevelopment and Housing
01/23/2012 City's Development Restrictions Constituted Spot Zoning
12/29/2011 SUPREME COURT OF CALIFORNIA ELIMINATES REDEVELOPMENT AGENCIES
12/21/2011 No Inverse Condemnation Claim Where City Threatened But Did Not Proceed With Plans For Condemnation
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Special Education
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
10/05/2010 LEGISLATIVE UPDATE[br]New Laws Affecting School Districts and Community College Districts
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Taxation
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
11/26/2011 IRS Not Required To Notify Company Of Bank Summons Regarding Its Account Where Targeted Taxpayer Had Significant Interest In The Company
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Trusts and Estates
12/30/2011 Judgment Against a Trust is Unenforceable Because a Trust is Not an Entity
12/27/2011 Widow of Company's Founder is Not Entitled to Stock Owned By Her Husband Prior to Their Marriage But the Increase in the Value of the Stock During the Time of Their Marriage is Community Property
12/27/2011 Executor's Negligence in Delaying Distribution of Estate Proceeds Does Not Entitle the Beneficiary to Payment of Interest
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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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