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March 17, 2015 | Bulletin No. 1236361.1
In 2013, the voters of the City of Sunnyvale (“City”) approved a measure restricting high capacity magazines. The measure was contested, and in Fyock v. City of Sunnyvale (9th Cir. 2015) ___ F.3d ___, the 9th Circuit upheld the ordinance, by affirming the trial court's denial of a preliminary injunction that would have prevented Measure C from going into effect.
Tuesday, March 10, 2015
10:30 - Noon
The Georgian Hotel
California Downtown Association and International Downtown Association
March 5, 2015 | Bulletin No. 1233113.1
In November 2006, California voters approved Proposition 83, also known as "Jessica's Law." Jessica's Law imposed many restrictions on sex offenders, including residency restrictions (the "Residency Restrictions"). The Residency Restrictions make it unlawful for registered sex offenders to reside within 2000 feet of schools or parks.
California Supreme Court Clarifies Application Of The “Unusual Circumstances” Exception To Categorical Exemptions Under CEQA
March 3, 2015 | Bulletin No. 1231998.1
On March 2, 2015, the California Supreme Court issued its long-awaited opinion in Berkeley Hillside Preservation v. City of Berkeley, which establishes a two-part test for application of the California Environmental Quality Act’s (“CEQA”) unusual circumstances exception to categorical exemptions. Categorical exemptions exempt certain kinds of projects from CEQA review.
February 5, 2015 | Bulletin No. 1180735.1
Although often mentioned as a possible remedy when defending meritless Public Records Act (PRA) lawsuits, it is actually very difficult for public agencies to obtain attorneys’ fees and costs when they prevail in PRA litigation. In practice, Courts may only award such fees and costs when a plaintiff's case is "clearly frivolous." As an example, in Bertoli v.
Date & Time:
Exact date & time TBD
League of California Cities (LOCC)
Constantine C. Baranoff
Property Tax Refund Claims May Be Filed Directly In Superior Court When The Assessed Property Was Not Owned By The Taxpayer; Such Claims Are Governed By A Four-Year Limitations Period
January 27, 2015 | Bulletin No. 1173988.2
When a taxpayer requests a property tax reduction, the taxpayer must ordinarily first request a reduction with the county board of equalization or assessment appeals board before the taxpayer may file in superior court. However, in Williams & Fickett v.
Inadvertent Disclosure of Privileged Documents in Response to a Public Records Act Request Converts the Document Into a Public Record
December 15, 2014 | Bulletin No. 1166066.1
The Court of Appeal, Second Appellate District, delivered a sobering reminder to public agencies to carefully review documents produced in response to the Public Records Act (“PRA”) to avoid disclosure of documents protected by evidentiary privileges.
December 8, 2014 | Bulletin No. 1163976.1
In Pitchess, the California Supreme Court (the "Court") held that, upon good cause, a criminal defendant can obtain law enforcement personnel records. In 1978, the California Legislature codified this process by adding a series of statutes to the Evidence Code. In Riverside County Sheriff’s Department v. Stiglitz (Drinkwater), December 1, 2014, Case No. S206350, the Court held that these statutes authorize an arbitrator (and not just a judge) to order the review of law enforcement personnel records.
December 7, 2014 | Bulletin No. 1160236.1
Anti-SLAPP motions provide defendants with a valuable tool to dispose of meritless cases that stifle protected speech . In Squires v. City of Eureka (October 17, 2014, A138768; A139849) ___Cal. App.4th___ [14 Cal. Daily Op. Serv. 12, 987], the Court of Appeal upheld the use of an anti-SLAPP motion by the City of Eureka ("City") to dismiss a case brought by a group of landlords, after finding that the case stemmed from the City's protected code enforcement activities.
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