Municipal and Special Districts

Prevailing Party Can Recover Reasonable and Necessary Legal Fees Incurred in Preparing the Administrative Record

August 12, 2016 | Bulletin No. 1274003.1

In the recent case of No Toxic Air, Inc. v. Lehigh Southwest Cement Company, Inc. (July 28, 2016, H040047) __ Cal.App.4th ___, the Court of Appeal determined a trial court has authority to award attorneys' fees incurred in preparing an administrative record to the prevailing party. The trial court found such costs were reasonably and necessarily incurred, but that it lacked legal authority to award the fees.

The Government Retains Its Right to Enter onto Private Property for Testing and Other Purposes

July 29, 2016 | Bulletin No. 1274002.1

The California Supreme Court has confirmed the constitutionality of statutes allowing a public entity to enter onto private property for testing and other purposes prior to deciding whether or not to condemn the property. These statutes allow a public entity to apply for a court order permitting pre-condemnation access to property for purposes such as environmental testing and on-site investigations. The scope of this power was called into doubt after a Court of Appeal held these statutes authorized entry under only limited circumstances for innocuous purposes.

League of California Cities Annual Conference

 
 
Event Information

Date:

October 5-7

Location:

Long Beach Convention Center

 

Organized By:

League of California Cities

Program Overview:

Kronick is pleased to sponsor the 2016 League of California Cities Annual Conference & Expo at the Long Beach Convention Center. The conference expects 1,900+ city officials from throughout California to discuss timely topics and quality content. 

Registration:

 
 

Ninth Circuit Holds that “Cash-in-lieu” of Health Benefits Must Be Included in Calculating Employees’ Regular Rates of Pay for Overtime

June 17, 2016 | Bulletin No. 1274001.1

On June 2, 2016, a three judge panel for the Ninth Circuit issued a decision in Flores v. City of San Gabriel in which the Court held that the Fair Labor Standards Act ("FLSA") required the City to include cash payments provided to employees in lieu of health benefits in the calculation for an employee's regular rate of pay for purposes of calculating overtime.

Attorney's Fee Award Upheld Against City Of San Diego in Public Records Act Case

June 9, 2016 | Bulletin No. 1274000.1

San Diegans for Open Government ("SDOG") sued the City of San Diego ("City") for violations of the California Public Records Act ("Act") after the City failed to produce emails in response to a request made pursuant to the Act. Following the trial court proceedings, the court granted SDOG's request for attorney's fees after finding that the City improperly withheld the requested documents.

New United States Department of Labor's Overtime Final Rule and its Application to State and Local Governments

May 19, 2016 | Bulletin No. 1273999.1

On May 18, 2016, the Department of Labor ("DOL") announced changes to the overtime rules of the Fair Labor Standards Act (“FLSA”). The changes and how they affect private employers is summarized in Kronick's most recent Labor and Employment Legal Alert.

California Supreme Court Resolves Uncertainty Regarding Effect of Inadvertent Disclosure of Privileged Material in Response to a Public Records Act Request

March 23, 2016 | Bulletin No. 1273995.1

On March 17, 2016 the California Supreme Court resolved an ongoing conflict among California courts, regarding the effect of an inadvertent disclosure of privileged documents in response to a California Public Records Act ("CPRA") request. In Ardon v. City of Los Angeles (Cal., Mar. 17, 2016, No. S223876) 2016 WL 1062109, the California Supreme Court determined that a public entity's inadvertent release of privileged documents under the CPRA does not result in a waiver of that privilege.

Inconsistent Deadlines In the Government Claims Act Can Provide A Potential Defense – Or Trap

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.

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