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Offsite Fabrication at Permanent Facility Not Subject to Prevailing Wage Law

California's prevailing wage law generally requires that workers employed on public works projects be paid the local prevailing wage for work of a similar character. In Sheet Metal Workers' International Association, Local...more

9/8/2014 - Appeals Department of Industrial Relations Employer Liability Issues Manufacturers Prevailing Wages Public Projects Subcontractors

Fees Associated With Foreclosure Process May Not be Imposed On Servicemembers Protected By The Servicemembers Civil Relief Act

The Servicemembers Civil Relief Act ("SCRA") prohibits nonjudicial foreclosure proceedings during, or one year after, a servicemember's military service. In Brewster v. Sun Trust Mortgage Inc., 742 F.3d 876 (9th Cir. 2014),...more

6/10/2014 - Fees Foreclosure Military Service Members Mortgages SCRA

Tenant Opposition May Justify Rejection of Mobilehome Park Conversion Bid

If a mobilehome park owner proposes to convert the park from a tenant community into a resident-owned community, then pursuant to state law, a certain proportion of the residents in the park must give consent via tenant...more

6/4/2014 - Appeals Consent Consent Solicitations Conversion Homeowners' Association Mobile Homes

The Names Of Officers Involved In An On-Duty Shooting Must Be Disclosed Under The Public Records Act, Unless The Party Resisting...

The California Public Records Act ("Act") requires the disclosure of public records, unless such records are exempt from disclosure. In Long Beach Police Officers Association v. City of Long Beach, --- P.3d ----, 2014 WL...more

6/3/2014 - Police Police Brutality Public Records Public Records Act

Court of Appeal Affirms Marijuana Cultivation Conviction, Narrowly Construing California’s Medical Marijuana Immunities

The Medical Marijuana Program Act (“Act”) provides for limited immunity from state marijuana prohibitions. In People .v Mitchell (April 29, 2014) — Cal. App.4th —, the California Court of Appeal held that the Act’s immunity...more

5/22/2014 - Appeals Convictions Immunity Medical Marijuana Medical Marijuana Program Act

United States Supreme Court Upholds Prayers at Public Meetings

Many legislative bodies throughout the United States, including city councils, state legislatures, and Congress, begin sessions with ceremonial religious prayer that often includes references to sectarian Christian themes,...more

5/7/2014 - Establishment Clause First Amendment Prayer Public Meetings SCOTUS

Tow Truck Companies and Employees Are Subject to Regulation in the One City or County Where Their "Principal Place of Business or...

State law permits local regulation of tow truck companies and drivers. In Cal. Tow Truck Ass'n v. City of S.F. (2014) --- Cal.App.4th ---, the Court of Appeal held that the City and County of San Francisco ("City") is only...more

4/30/2014 - Fees Principal Place of Business Trucking Industry

San Diego Transient Occupancy Tax is Calculated by the Amount Received by Hotel Operators, Not Amount Received by Online Travel...

Cities throughout California impose transient occupancy taxes ("TOT") on hotel occupancy. In In re Transient Occupancy Tax Cases (2014) --- Cal App 4th ----, the Court of Appeal held that San Diego's TOT ordinance is...more

4/28/2014 - Expedia Hospitality Industry Hotels Hotels.com Hotwire Occupancy Tax Online Travel Vendors

Communications by Public Officials Using Private Cell Phone or E-Mail Accounts are Not Public Records

The California Public Records Act (“CPRA”) requires the disclosure of “public records” on request, unless such records are exempt from disclosure. In City of San Jose v. Superior Court (March 27, 2014, H039498) ---...more

4/2/2014 - Cell Phones CPRA Email Mobile Devices Public Records Text Messages

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