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January 29, 2016 | Bulletin No. 1273992.1
Before filing a lawsuit seeking damages against a California public agency, a person must generally file a claim with the agency within the statutory time period (usually six months after the accrual of the cause of action). If the claim is not timely, the claimant must file an application with the agency for leave to present a late claim. If the agency then denies leave to present the late claim, the claimant must file a petition with the trial court for an order relieving him or her from the claims presentation requirement before filing a lawsuit.
Trail Immunity Upheld for Bike Path Used Both as a Transportation Corridor and for Recreational Purposes
January 21, 2016 | Bulletin No. 1273991.1
On January 13, 2016, California’s Sixth Appellate District certified Burgueno v. Regents of the University of California (Cal. Ct. App., Dec. 15, 2015) ___ Cal.Rptr.3d ___, 2015 WL 9700324 for publication. The case involved a dangerous condition of public property and wrongful death complaint arising out of the death of a University of California, Santa Cruz (UCSC) student, Adrian Burgueno. Mr.
December 22, 2015 | Bulletin No. 1273990.1
On December 18, 2015, California’s Second District Court of Appeal upheld the City of Rancho Mirage’s (“City”) short-term rental ordinance in Harrison v. City of Rancho Mirage (Cal. Ct. App., Dec. 18, 2015, E062604) 2015 WL 9258957. The City’s ordinance requires that short-term rental agreements be signed by persons over the age of 30 and who agree to be responsible for the rental.
Court of Appeal Finds Error In Public Agency’s Findings Of A Non-Responsive Low Bid and Sets Aside Bid Award To Next Lowest Bidder
December 16, 2015 | Bulletin No. 1273989.1
On December 14, 2015, California's Third District Court of Appeal upheld a bidder's challenge to the California Department of Transportation's ("CalTrans") award of a highway construction project in DeSilva Gates Construction, LP v. Department of Transportation (2015) ____ Cal.Rptr.3d _____, (2015 WL 8732256).
December 4, 2015 | Bulletin No. 1273988.1
In Kirby v. County of Fresno (December 1, 2015, Case No. F070056) __ Cal.App.4th __, the Fifth District Court of Appeal followed the lead of several other courts in affirming the ability of local jurisdictions to regulate, and even ban, medical marijuana dispensaries and cultivation.
Three New Medical Marijuana Bills Approved by the California Legislature, Pending Approval by Governor
September 28, 2015 | Bulletin No. 1273978.1
On September 14, 2015, three new medical marijuana bills were approved by the California Legislature and are now pending approval by Governor Brown. According to a bulletin issued by the League of California Cities, the Governor's approval is anticipated since his staff was closely involved in the final drafting of each measure.
Public Agencies Collecting Fees Under the Mitigation Fee Act May Be Required to Refund Unexpended Funds if They Fail to Make Specific and Detailed Findings in Support of the Fee Collection and Retention
September 9, 2015 | Bulletin No. 1273977.1
Inadvertent Public Records Act Release of Attorney Work Product Does Not Necessarily Waive Privilege
August 10, 2015 | Bulletin No. 1273975.1
The Public Records Act (PRA) generally provides that documents retained by a public agency must be disclosed to the public. However, the PRA includes various exceptions. One such exception is that documents subject to the attorney-client and attorney work product privileges need not be disclosed. That being said, Government Code section 6254.5 provides that once a privileged document is "disclosed" by a public agency, the privilege is waived and the document must be disclosed to any member of the public.
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