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Constantine Baranoff	Update: After Rehearing, Court Of Appeal Upholds Its Previous Parcel Tax Ruling The court of appeal recently upheld its previous ruling that a parcel tax approved by Alameda Unified School District (“District”) voters violates the Government Code’s restriction that special taxes apply “uniformly to all…more Ballot Measures, Property Tax, Public Schools, Qualified Special Taxes	See All Updates »
S. Diane Beall	School District Granted Substantial Attorneys’ Fees Award For Its Defense Of Frivolous Lawsuit Brought By A Student’s Parent A federal district court found in favor of a school district in a lawsuit filed by a student’s parent under the Individuals with Disabilities Act (“IDEA”) to appeal a decision of an Administrative Law Judge (“ALJ”). The…more ALJ, Attorney's Fees, Disability, Frivolous Lawsuits, IDEA	See All Updates »
Marsha Bedwell	State Board of Education Issues Proposed Regulations on Student Fees and Bullying The State Board of Education recently announced it was beginning the process to adopt regulations to implement AB 1575 (2012) and AB 9 (2011) regarding bullying. AB 1575 prohibits school districts from charging students fees for…more Bullying, Fees, Proposed Regulation, Students	See All Updates »
Michelle Cannon	Court Of Appeal Okays School District’s Use Of Norming Ratios To Assign Classroom Space To Charter Schools A charter schools association brought a lawsuit against a school district and alleged the district violated Proposition 39 by using norming ratios to assign classroom space to charter schools. The court of appeal held that the…more Appeals, Charter Schools, Proposition 39, Reversal, School Districts	See All Updates »
William T. Chisum	Public Agency May Begin Eminent Domain Proceedings Before Completing CEQA Review, But May Not Actually Acquire The Property Until After CEQA Compliance A racetrack landowner challenged a regional park district’s plan to condemn part of the property for construction of a bayside trail, asserting that the park district was required under eminent domain law and the California…more CEQA, Compliance, Eminent Domain, Environmental Impact Report, Environmental Review	See All Updates »
June D. Coleman	Reports Of Late Payments To Credit Reporting Agencies While Bankruptcy Is Pending Do Not Violate Federal And State Fair Credit Reporting Laws After filing for Chapter 7 bankruptcy, a consumer discovered that her credit report listed delinquent payments to a bank even though she had been current with her payments up to the date she filed. After disputing the report…more Bank of America, Chapter 7, Credit Reporting Agencies, FCRA, Late Payments	See All Updates »
P. Addison Covert	Update: After Rehearing, Court Of Appeal Upholds Its Previous Parcel Tax Ruling The court of appeal recently upheld its previous ruling that a parcel tax approved by Alameda Unified School District (“District”) voters violates the Government Code’s restriction that special taxes apply “uniformly to all…more Ballot Measures, Property Tax, Public Schools, Qualified Special Taxes	See All Updates »
Mona G. Ebrahimi	California Supreme Court: Cities Can Ban Facilities That Distribute Medical Marijuana The California Supreme Court recently resolved the issue of whether a city could enact zoning ordinances prohibiting and banning medical marijuana dispensaries. The Supreme Court held that state medical marijuana laws do not…more Dispensaries, Local Ordinance, Medical Marijuana, Municipalities	See All Updates »
Jon E. Goetz	Court Upholds Zoning Ordinance That Restricts Location Of Medical Marijuana Collectives And Cooperatives An owner of a medical marijuana collective challenged a county zoning ordinance that restricts the location of medical marijuana collectives and cooperatives to commercial and manufacturing zones. The court of appeals rejected…more Compassionate Use Act, Local Ordinance, Medical Marijuana	See All Updates »
Janet Goldsmith	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	See All Updates »
Diana Halpenny	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	See All Updates »
Jonathan Hobbs	Court Upholds Zoning Ordinance That Restricts Location Of Medical Marijuana Collectives And Cooperatives An owner of a medical marijuana collective challenged a county zoning ordinance that restricts the location of medical marijuana collectives and cooperatives to commercial and manufacturing zones. The court of appeals rejected…more Compassionate Use Act, Local Ordinance, Medical Marijuana	See All Updates »
Christian M. Keiner	AB 1344 Addresses Employment Contracts, Open Meetings Notice, and Penalties for Misuse of Public Office Assembly Bill 1344 (“AB 1344”), signed by the Governor on October 9, 2011, made several changes to laws involving local governance. The bill was introduced in response to the City of Bell controversy. The provisions of AB 1344…more City Charters, Elections Code, Employment Contract, Local Governance, Misuse of Public Office	See All Updates »
Elizabeth Leeper	Brown Administration Releases First Four Of Twelve Chapters of Bay Delta Conservation Plan Today the administration of California Governor Edmund G. Brown Jr. released the first four of 12 chapters of the Bay Delta Conservation Plan (BDCP). The four chapters released today include: - Introduction: background,…more Habitat Conservation Plan, Jerry Brown	See All Updates »
Jeffrey L. Massey	Court Upholds Zoning Ordinance That Restricts Location Of Medical Marijuana Collectives And Cooperatives An owner of a medical marijuana collective challenged a county zoning ordinance that restricts the location of medical marijuana collectives and cooperatives to commercial and manufacturing zones. The court of appeals rejected…more Compassionate Use Act, Local Ordinance, Medical Marijuana	See All Updates »
Linda M. Monje	Drafter Of A Will Who Is Related By Marriage To The Transferor At The Time Of The Drafting, But Not At The Time Of Death, May Be A Beneficiary In Estate of Lira (--- Cal.Rptr.3d ----, Cal.App. 2 Dist., December 26, 2012), a California court of appeal considered whether statute allows an attorney who was related by marriage at the time of the drafting of a will, but not…more Beneficiaries, Divorce, Drafting Attorney, Wills	See All Updates »
Marie Nakamura	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	See All Updates »
Daniel J. O'Hanlon	Court Of Appeal Finds County Approval Of EIR For Sand And Gravel Mining Project Does Not Violate CEQA An organization challenged a county’s approval of a final revised environmental impact report for a project that would allow sand and gravel mining in the bed of the Cuyama River. The court of appeal affirmed the trial court’s…more CEQA, Conditional Use Permit, Environmental Impact Report, Mining, Mitigation	See All Updates »
Arturo E. Ocampo	Laboratory Retirees May Proceed In Their Lawsuit Over Health Benefits Against Regents A group of retirees from Lawrence Livermore National Laboratory brought a lawsuit against the Regents of the University of California (“Regents”) after the University of California eliminated their University-sponsored health…more Board of Regents, Employee Benefits, Employer Group Health Plans, Health Insurance, Lifetime Limits	See All Updates »
Laura Izon Powell	Agencies Are Barred From Using Two Attorneys From The Same Private Law Firm Where One Acts As Advocate And One As Advisor In A Contested Administrative Matter A police officer claimed his due process rights were violated when a partner in a law firm advocated on behalf of a department within a city at a non-binding arbitration. Subsequently a partner from the same law firm advised…more Arbitration, Arbitration Awards, Conflicts of Interest, Due Process	See All Updates »
Brett L. Price	Adverse Possessor Of Religious Nonprofit’s Land Does Not Need To Pay Property Taxes To Obtain Title To Land The law of adverse possession allows persons to obtain legal title to property by occupying the property for at least five years, and satisfying other requirements such as the payment of taxes on the property. In practice, the…more Adverse Possession, Legal Title, Non-Profits, Property Tax, Religion	See All Updates »
Eric Robinson	UPDATE: Court Of Appeal Changes Its Mind On The Issue Of Whether A City Misdescribed A Project’s Objectives On November 27, 2012, a court of appeal ordered a city to correct the defects in a project description and alternatives discussion in a final environmental impact report (“EIR”) because the court concluded the city had misstated…more CEQA, Environmental Impact Report, Land Developers, Misrepresentation, Municipalities	See All Updates »
Meghan Covert Russell	Gov. Brown Proposes Boost To Education Funding Governor Brown's proposed budget, released today, includes a much needed boost to spending on public education. …more Education Budget, Funding	See All Updates »
Bruce A. Scheidt	Agencies Are Barred From Using Two Attorneys From The Same Private Law Firm Where One Acts As Advocate And One As Advisor In A Contested Administrative Matter A police officer claimed his due process rights were violated when a partner in a law firm advocated on behalf of a department within a city at a non-binding arbitration. Subsequently a partner from the same law firm advised…more Arbitration, Arbitration Awards, Conflicts of Interest, Due Process	See All Updates »
Kristianne Seargeant	Agencies Are Barred From Using Two Attorneys From The Same Private Law Firm Where One Acts As Advocate And One As Advisor In A Contested Administrative Matter A police officer claimed his due process rights were violated when a partner in a law firm advocated on behalf of a department within a city at a non-binding arbitration. Subsequently a partner from the same law firm advised…more Arbitration, Arbitration Awards, Conflicts of Interest, Due Process	See All Updates »
Maggie W. Stern	State Mandated Accessibility Inspections In September 2012, the State Senate created a new state mandated local program by enacting S.B. 1186 which requires local agencies fund increased Certified Access Specialist (“CASp”) services. CASps work for local jurisdictions…more Building Inspectors, Certified Access Specialists, Reasonable Accommodation	See All Updates »
Danielle Teeters	Reports Of Late Payments To Credit Reporting Agencies While Bankruptcy Is Pending Do Not Violate Federal And State Fair Credit Reporting Laws After filing for Chapter 7 bankruptcy, a consumer discovered that her credit report listed delinquent payments to a bank even though she had been current with her payments up to the date she filed. After disputing the report…more Bank of America, Chapter 7, Credit Reporting Agencies, FCRA, Late Payments	See All Updates »
Nevin Trehan	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	See All Updates »
David W. Tyra	Agencies Are Barred From Using Two Attorneys From The Same Private Law Firm Where One Acts As Advocate And One As Advisor In A Contested Administrative Matter A police officer claimed his due process rights were violated when a partner in a law firm advocated on behalf of a department within a city at a non-binding arbitration. Subsequently a partner from the same law firm advised…more Arbitration, Arbitration Awards, Conflicts of Interest, Due Process	See All Updates »
Leslie Z. Walker	Public Agency May Begin Eminent Domain Proceedings Before Completing CEQA Review, But May Not Actually Acquire The Property Until After CEQA Compliance A racetrack landowner challenged a regional park district’s plan to condemn part of the property for construction of a bayside trail, asserting that the park district was required under eminent domain law and the California…more CEQA, Compliance, Eminent Domain, Environmental Impact Report, Environmental Review	See All Updates »
Hanspeter Walter	Bureau of Reclamation Reduces 2013 CVP Allocations by 5 Percent The U.S. Bureau of Reclamation today decreased the Water Year 2013 water supply allocations for the Central Valley Project, citing the extremely dry conditions in California. Reclamation's announcement is quoted below..…more Bureau of Reclamation, Water Supplies	See All Updates »

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