Kronick, Moskovitz, Tiedemann & Girard

400 Capitol Mall, 27th Floor
Sacramento, CA 95814, United States

  • 916.321.4500
  • 916-321-4555

State Water Resources Control Board May Prevent Illegal Diversions Of Water, Even If Diverter Claims Riparian Or Pre-1914 Appropriative Water Right

In Young v. State Water Resources Control Board (--- Cal.App.4th ----, Cal.App. 3 Dist., August 4, 2013), a California court of appeal considered whether the State Water Resources Control Board (“Water Board”) has the authority…more

Appropriation, Department of Water Resources, Riparian Rights, Water, Water Diversion

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Enhanced Infrastructure Financing District Legislation Brings Back Tax Increment Financing to California

Tax increment financing is back in California. Tax increment makes its comeback through the passage of Senate Bill 628 (Beall), legislation authorizing the creation of Enhanced Infrastructure Financing Districts (EIFDs), which…more

Infrastructure, Tax Increment Financing, Urban Planning & Development

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Child Abuse and Neglect Mandated Reporter Training Will Be Mandatory Starting January 1, 2015

Effective January 1, 2015, AB 1432 requires school districts, county offices of education, state special schools and diagnostic centers operated by the State Department of Education, and charter schools to provide annual…more

Charter Schools, Child Abuse, Department of Education, Public Schools, Reporting Requirements

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CalSTRS Extends Time to Elect to have Service Count Toward CalSTRS Retirement

CalSTRS recently issued new guidance that applies when a CalSTRS member changes to a new position that may not be eligible for participation in the retirement system. The guidance, found in Employer Information Circular, Volume…more

CalSTRS, Defined Benefit Plans, Eligibility, ERISA, Human Resources Professionals

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California Supreme Court: Arbitrators May Rule on Pitchess Motions

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…more

Discovery, Payroll Records, Personnel Records, Police, Unions

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Court of Appeals Upholds Employer’s “Incomplete” Mandatory Arbitration Agreement

In a development that was all too scarce just a few years ago, another California court has issued a decision upholding a mandatory employment arbitration agreement. In Cruise v. Kroger Co., the California Court of Appeals…more

Appeals, Arbitration, Arbitration Agreements, Discrimination, Employment Application

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California Court of Appeal Holds the Six Month Time Limitation for Government Claims Was Extended When Parents of Molestation Victims Were Encouraged by District to Maintain Confidentiality During Investigation

In J.P. v. Carlsbad Unified School District, the California Court of Appeal for the Fourth District found that CUSD could not assert that government claims were untimely when CUSD prevented the parents of molestation victims…more

Appeals, Crime Victims, Government Claims, School Districts

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Courts Uphold Supplemental Assessment of Wells and Related Facilities/Improvements; and Validate Use of Cost Approach

The County of Kern Tax Assessor’s (“Assessor”) use of the cost approach to value to appraise new oil and gas wells for the purpose of levying supplemental assessments has been upheld by the Fifth District Court of Appeal. In…more

Chevron, Energy, Income Taxes, Oil & Gas, Resource Extraction

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Defendant to Prove Consent Unless Plaintiff Pleads Himself Out of Court by Admitting Consent

After receiving a text on his cell phone offering him a free cruise, an Illinois man was disappointed to discover that the offered cruise was not really free. He sued the cruise company in federal court, alleging violations of…more

Admissions, Burden of Proof, Cell Phones, Consent, Robocalling

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School District Cannot Levy Fee on Preexisting Development Where No Increase in Student Generation is Shown

The owner of an apartment complex challenged a school district’s imposition of school impact fees that were based on the entire square footage of the owner’s new, larger apartment complex built after the demolition of an…more

Fees, Public Schools, School Districts

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Enhanced Infrastructure Financing District Legislation Brings Back Tax Increment Financing to California

Tax increment financing is back in California. Tax increment makes its comeback through the passage of Senate Bill 628 (Beall), legislation authorizing the creation of Enhanced Infrastructure Financing Districts (EIFDs), which…more

Infrastructure, Tax Increment Financing, Urban Planning & Development

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Inadvertent Disclosure of Privileged Documents in Response to a Public Records Act Request Converts the Document Into a Public Record

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…more

Appeals, Confidential Information, Evidence, FOIA, Public Disclosure

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Court Confirms Bank Can Be Held Liable for Conduct and Representations Occurring During Loan Modification Process

A California Court of Appeal recently held that a defaulting mortgagee can assert claims for breach of contract, wrongful foreclosure, unfair business practices and negligent misrepresentation against the foreclosing bank where…more

Banks, Breach of Contract, Foreclosure, Loan Modifications, Loans

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Guarantors of a Construction Loan were Exonerated From Liability by a Bank's Misconduct Under the Loan Agreement, Notwithstanding the Broad Waiver Provisions in the Guarantees

California Bank & Trust's predecessor bank ("Bank") granted a $22.5 million construction loan to Five Corners Rialto, LLC ("Five Corners") to develop a 70-unit townhome project in two phases. Two principals of Five Corners…more

Banks, Construction Industry, Construction Loans, Construction Project, Guarantors

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California’s Second and Fourth Appellate Districts Split Over Who Should Decide Whether Agreement Authorizes Class Arbitration – Court or Arbitrator

In Network Capital Funding Corporation v. Papke, G049172, 2014 WL 5035099 (Cal. Ct. App. Oct. 9, 2014), the California Court of Appeal for the Fourth Appellate District declined to follow the reasoning of the Second Appellate…more

Arbitration, Arbitration Agreements, Arbitrators, Class Action, Employer Liability Issues

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Parent Corporation May Meet Definition of Employer Under California Labor Code Where Evidence Shows Control Over Subsidiary’s Employees

In Castaneda v. The Ensign Group, Inc., et al (September 15, 2014) --- Cal.App.4th ---), the California Second District Court of Appeal considered whether, if a parent corporation with no employees owns and exercises control…more

Employer Liability Issues, Parent Corporation, Right to Control, Subsidiaries

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Enhanced Infrastructure Financing District Legislation Brings Back Tax Increment Financing to California

Tax increment financing is back in California. Tax increment makes its comeback through the passage of Senate Bill 628 (Beall), legislation authorizing the creation of Enhanced Infrastructure Financing Districts (EIFDs), which…more

Infrastructure, Tax Increment Financing, Urban Planning & Development

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Flood Control District Wins Dispute Over Discharge Of Storm Water That Flows Through Improved Portions Of Navigable Waterways

In its most recent foray into the meaning of the Clean Water Act, the Supreme Court has answered the fundamental question: “Does a ‘discharge of pollutants’ occur when polluted water flows from one portion of a river that is…more

Clean Water Act, Discharge of Pollutants, Los Angeles County Flood Control District, Permits, SCOTUS

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Temporary Teacher May Seek Damages For School District's Failure To Provide Her "First Priority" When Filling A Subsequent Vacancy

In Henderson v. Newport-Mesa Unified School District (--- Cal.Rptr.3d ----, Cal.App. 4 Dist., March 13, 2013), a California court of appeal considered whether a temporary teacher employed for more than two years by a school…more

Hiring & Firing, Teachers, Temporary Employees

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Court of Appeal Confirms that Laborers and Materialmen Have Priority over Construction Lenders to Funds Used to Develop the Project

A California Court of Appeal recently ruled that a construction lender must make available to stop notice claimants those amounts which the lender has already disbursed to itself on the construction loan. (Brewer Corp. v. Point…more

Construction Contracts, Construction Loans, Contractors, Debt

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Private University Professor Was Properly Fired For Exhibiting Frightening Behavior

The University of San Francisco terminated a tenured professor after the employee exhibited angry and frightening behavior with other employees over a substantial period of time. In Kao v. University of San Francisco (August 4,…more

Hiring & Firing, Termination, Universities

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Court of Appeal Confirms Subdivision is a CEQA Project

In Rominger v. County of Colusa (2014) (September 9, 2014, C073815) __ Cal.App.4th___, the Court of Appeal reversed the trial court and held that a tentative subdivision map is a project under the California Environmental…more

CEQA, Environmental Policies, Subdivision, Urban Planning & Development

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Juvenile Court Schools, Reporting Allegations of Misconduct Against Certificated School Employees, and Bidding Practices under the Subletting and Subcontracting Fair Practices Act

KMTG will be issuing a series of updates on new legislation signed by Governor Brown. All laws became effective January 1, 2014, unless otherwise stated. Juvenile Court Schools—AB 631 - AB 631 amends Education…more

Juveniles, Public Schools, Subcontracts, Subletting, Teachers

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California Court of Appeal Holds the Six Month Time Limitation for Government Claims Was Extended When Parents of Molestation Victims Were Encouraged by District to Maintain Confidentiality During Investigation

In J.P. v. Carlsbad Unified School District, the California Court of Appeal for the Fourth District found that CUSD could not assert that government claims were untimely when CUSD prevented the parents of molestation victims…more

Appeals, Crime Victims, Government Claims, School Districts

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California Court of Appeal Limits the Scope of California's Unfair Competition Law by Denying Availability of Civil Penalties for Workplace Safety Violations

The Court of Appeal for the State of California, Fourth Appellate District in Solus Industrial Innovations, LLC v. Superior Court (2014) 229 Cal.App.4th 1291, held that a California district attorney cannot pursue civil…more

Civil Monetary Penalty, Compliance, Safety Precautions, Safety Violations, Unfair Competition

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U.S. Supreme Court: Federal Nexus And Proportionality Analysis Applies To Land Use Permitting Fees And To Both Denial And Granting Of Permits

A Florida landowner seeking a permit to develop part of a wetlands property offered a conservation easement on the undeveloped portion of the parcel to the local water management district. The district indicated it would not…more

Dolan v City of Tigard, Fifth Amendment, Koontz v St John's River Water Management, Land Developers, Nexus

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California Court of Appeal Holds the Six Month Time Limitation for Government Claims Was Extended When Parents of Molestation Victims Were Encouraged by District to Maintain Confidentiality During Investigation

In J.P. v. Carlsbad Unified School District, the California Court of Appeal for the Fourth District found that CUSD could not assert that government claims were untimely when CUSD prevented the parents of molestation victims…more

Appeals, Crime Victims, Government Claims, School Districts

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Enhanced Infrastructure Financing District Legislation Brings Back Tax Increment Financing to California

Tax increment financing is back in California. Tax increment makes its comeback through the passage of Senate Bill 628 (Beall), legislation authorizing the creation of Enhanced Infrastructure Financing Districts (EIFDs), which…more

Infrastructure, Tax Increment Financing, Urban Planning & Development

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Wife's Undue Influence Over Changes Made to Husband's Trust Voids Changed Terms of the Trust

A California court of appeal affirmed a ruling voiding the terms of a trust after finding that there was ample evidence to support that the decedent's wife used undue influence over him to change the trust. The court held in…more

Estate Planning, Trusts, Undue Influence Claims, Void and Unenforceable

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Local Initiative Measures May Not Set Water Rates Lower than Amount Needed to Cover Required Costs under the Water Code

After a county water district raised its water and sewer rates, opponents of the rate hikes qualified two initiatives for the ballot to reverse the increase. The district filed a court action for declaratory relief, arguing…more

Anti-SLAPP, Consumer Utility Costs, Declaratory Judgments, Water

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L.A. Superior Court Rules Key Teacher Tenure, Dismissal, and Layoff Statutes Unconstitutional

In a much anticipated and well-publicized tentative ruling, the Los Angeles Superior Court (“trial court”) issued a tentative ruling on June 6, 2014 in Vergara v. State of California, Case. No. BC484642. Plaintiffs in the case…more

Equal Protection, Hiring & Firing, Public Schools, Teachers, Tenure

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Small Business Procurement and Contract Act For Postsecondary Institutions, Employment Contracts for Local Agency Executives, Sex Offenders on School Grounds, and Graduation Requirements for Pupils in Foster Care

KMTG will be issuing a series of updates on new legislation signed by Governor Brown. All laws became effective January 1, 2014, unless otherwise stated. Small Business Procurement and Contract Act For Postsecondary…more

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California Public Policy Prohibits Employer Retaliation Based on Mistaken Belief That Employee Engaged in Whistleblowing Activity

In Diego v. Pilgrim United Church of Christ (November 21, 2014) --- Cal. App. 4th ---), the California Fourth District Court of Appeal considered whether California public policy precludes employers from retaliating against an…more

Appeals, Churches, Employer Liability Issues, Public Policy, Religious Schools

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Court of Appeal Finds Caltrans Omitted Material Necessary to Informed Decision Making by Failing to Include a Threshold of Significance for Old Growth Redwood Trees and Including Mitigation Measures as Part of Project Description

In Lotus v. Department of Transportation (2014) 223 Cal.App.4th 645, a California Court of Appeal found that Caltrans omitted material necessary to informed decision-making and informed public-participation when it failed to…more

Caltrans, CEQA, Environmental Assessments, Environmental Liability, Omissions

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LCFF Update

On November 7th, the State Board of Education (“SBE”) met to review proposed regulations implementing the “proportionality requirement” and the Local Control and Accountability Plan (“LCAP”) framework under the Local Control…more

Department of Education, Proportionality, Public School Boards, Students

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Termination of Police Officer Whose ADHD Limits Ability to Get Along With Others Does Not Violate ADA, Ninth Circuit Says

In Weaving v. City of Hillsboro (--- F.3d ----, C.A.9 (Or.), August 15, 2014), the federal Ninth Circuit Court of Appeals was asked to decide whether, consistent with the Americans with Disabilities Act (“ADA”), the city…more

ADA, Employer Liability Issues, Hiring & Firing, Hostile Environment, Termination

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Courts Uphold Supplemental Assessment of Wells and Related Facilities/Improvements; and Validate Use of Cost Approach

The County of Kern Tax Assessor’s (“Assessor”) use of the cost approach to value to appraise new oil and gas wells for the purpose of levying supplemental assessments has been upheld by the Fifth District Court of Appeal. In…more

Chevron, Energy, Income Taxes, Oil & Gas, Resource Extraction

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“Pay First, Litigate Later” Doctrine Applies to Local Governments: Taxpayers Required to Pay Local Assessments Until Resolution of Tax Litigation

The Water Replenishment District of Southern California (“District”) protects groundwater quality in Los Angeles County groundwater basins from overuse and saltwater intrusion. The District finances its efforts through an…more

Environmental Claims, Groundwater, State and Local Government, Tax Assessment, Tax Liability

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Small Business Procurement and Contract Act For Postsecondary Institutions, Employment Contracts for Local Agency Executives, Sex Offenders on School Grounds, and Graduation Requirements for Pupils in Foster Care

KMTG will be issuing a series of updates on new legislation signed by Governor Brown. All laws became effective January 1, 2014, unless otherwise stated. Small Business Procurement and Contract Act For Postsecondary…more

See All Updates »

Guarantors of a Construction Loan were Exonerated From Liability by a Bank's Misconduct Under the Loan Agreement, Notwithstanding the Broad Waiver Provisions in the Guarantees

California Bank & Trust's predecessor bank ("Bank") granted a $22.5 million construction loan to Five Corners Rialto, LLC ("Five Corners") to develop a 70-unit townhome project in two phases. Two principals of Five Corners…more

Banks, Construction Industry, Construction Loans, Construction Project, Guarantors

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Court Applies MMBA Meet and Confer Requirement to Reorganization of Police Department Command Structure

In Indio Police Command Unit Association, et al., v. City of Indio, et al. (--- Cal.Rptr.3d ---, Cal.App. 4th Dist. September 15, 2014) a California Court of Appeal confirmed the applicability of Meyers-Milias-Brown Act ("MMBA")…more

Appeals, Injunctions, Law Enforcement, Meet and Confer, Reorganizations

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School District Labor and Employment Related Legislative and Regulatory Changes

This update of school district labor and employment related legislative changes is issued by Kronick as part of a series of Legal Alerts about new education related laws from this latest 2014 legislative session. All laws are…more

Education Reform, Hiring & Firing, Legislative Agendas, School Districts

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An Assessor Must Consider A Claim For Prospective Property Tax Relief Involving Condemned Property Even If The Owner Files The Claim Beyond The Statutory Time Limitation

In Olive Lane Industrial Park, LLC v. County of San Diego (July 18, 2014, D063337) -- Cal.App.4th --, the Court of Appeal considered whether the owner of property acquired by eminent domain could attain prospective property tax…more

Condemnation, Eminent Domain, Proposition 13, Statute of Limitations

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California Supreme Court: Arbitrators May Rule on Pitchess Motions

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…more

Discovery, Payroll Records, Personnel Records, Police, Unions

See All Updates »

Inadvertent Disclosure of Privileged Documents in Response to a Public Records Act Request Converts the Document Into a Public Record

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…more

Appeals, Confidential Information, Evidence, FOIA, Public Disclosure

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School Facilities

KMTG continues our series of updates on new legislation signed by Governor Brown. All laws became effective January 1, 2014, unless otherwise stated. School Facilities: Sale of Surplus Real Property; Return of State School…more

Funding, Real Estate Transfers, School Districts, School Facilities, State Allocation Boards

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Department of Finance Releases Local Control Funding Formula

The Department of Finance released a long-awaited table today that shows how each K-12 District fares in Governor Jerry Brown’s new plan, aptly labeled Local Control Funding Formula, to direct more money to schools with…more

Funding, Jerry Brown, Public Schools, School Districts, State Funding

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Unanimous Supreme Court Holds That Time Waiting In Security Line Is Not Compensable Under Federal Fair Labor Standards Act

In Integrity Staffing Solutions, Inc. v. Busk (2014) – S.Ct. –, 2014 WL 6885951, the United States Supreme Court unanimously held that time spent by employees undergoing security screenings at the end of their shifts was not…more

FLSA, Integrity Staffing v Busk, SCOTUS, Security Checks, Wage and Hour

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Inadvertent Disclosure of Privileged Documents in Response to a Public Records Act Request Converts the Document Into a Public Record

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…more

Appeals, Confidential Information, Evidence, FOIA, Public Disclosure

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Public Agency May Recover the Cost of Supplementing Administrative Record

In CEQA litigation, the party challenging the project can either request that the agency prepare the record of proceedings (“Record”), or prepare the Record itself, subject to certification by the lead agency. In either case,…more

CEQA, Fees, Judicial Records, Public Entities, San Francisco

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Areas of Practice
  • Alternative Dispute Resolution (ADR)
  • Appellate Practice
  • Bankruptcy
  • Business Organizations
  • Civil Rights
  • Commercial Law & Contracts
  • Construction Law
  • Debtor/Creditor
  • Education
  • Energy & Utilities
  • Environmental Law
  • Finance & Banking
  • Government
  • Insurance
  • Labor & Employment Law
  • Litigation
  • Mergers & Acquisitions
  • Personal Injury
  • Products Liability
  • Professional Malpractice
  • Real Estate
  • Taxation
  • Toxic Torts
  • Wills, Trusts, & Estate Planning
  • Zoning, Planning & Land Use
See more
Locations
Other U.S. Locations
  • California
Number of Attorneys

50-100 Attorneys

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