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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Ninth Circuit Court of Appeals Rejects Securities Fraud Lawsuit Brought by Purchasers of Municipal Bonds

A district court granted summary judgment in favor of a city in an action by purchasers of municipal bonds who alleged federal and state securities claims against the city. The United States Court of Appeals for the Ninth…more

Damages, Governmental Liability, Municipal Bonds, Securities Fraud, State Securities Claims

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Student Can Be Eligible For Special Education With Both A Specific Learning Disability And Other Health Impairment At The Same Time; But District Reasonably Found Neither Category Applied

In E. M. v. Pajaro Valley Unified School District (July 15, 2014) No. 12-15743, the Ninth Circuit recently held that a student with an auditory processing disorder could be eligible for special education and related services on…more

Disability, Public Schools, Special Education, Students

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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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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 104…more

Appeals, Department of Industrial Relations, Employer Liability Issues, Manufacturers, Prevailing Wages

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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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Chartering Authority Must Make Findings Supported by Substantial Evidence Showing it Considered Increases in Academic Achievement for All Groups of Pupils Served by the Charter School as the Most Important Factor in Deciding Whether to Revoke a Charter

In American Indian Model Schools v. Oakland Unified School District (June 23, 2014, 139652) --- Cal.App.4th ---, the California Court of Appeal recently clarified a charter school may not be revoked unless there is substantial…more

Charter Schools, Injunctions, 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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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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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 104…more

Appeals, Department of Industrial Relations, Employer Liability Issues, Manufacturers, Prevailing Wages

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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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Bankruptcy Appellate Panel Holds That Contempt Proceedings Filed Against Debtor Were Not Subject To Automatic Stay

In In re Dingley (August 6, 2014) --- B.R. ----, 9th Cir.BAP (Nev.), the Ninth Circuit Bankruptcy Appellate Panel ("BAP") held that a creditor did not violate an automatic stay for maintaining a contempt proceeding against a…more

Automatic Stay, Consumer Bankruptcy, Contempt, Debt, Debtors

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Car Dealership Employee Fired After Complaining About Fraudulent Warranty Claims May Sue For Wrongful Termination in Violation of Public Policy

The Fourth District Court of Appeal recently held that a former car dealership employee’s allegation that he was terminated over his complaints of fraudulent warranty claims was sufficient to support a cause of action for…more

Car Dealerships, Fraud, Hiring & Firing, Termination, Warranties

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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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City Not Liable for Flood Damage to Private Property After Court Determines City Acted Reasonably

In Biron v. City of Redding (April 30, 2014, C071094) --- Cal.App. 4th ----, the Court of Appeal declined to hold the City of Redding ("City") liable for flood damages caused to private property owned by Philip Biron, et al…more

Flooding, Property Damage, Severe Weather

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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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Student Can Be Eligible For Special Education With Both A Specific Learning Disability And Other Health Impairment At The Same Time; But District Reasonably Found Neither Category Applied

In E. M. v. Pajaro Valley Unified School District (July 15, 2014) No. 12-15743, the Ninth Circuit recently held that a student with an auditory processing disorder could be eligible for special education and related services on…more

Disability, Public Schools, Special Education, Students

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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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Public Records Act Did Not Require School District To Produce Student Academic Growth Over Time Scores That Identified Individual Teacher Names Tied To Those Scores

The California Court of Appeal in Los Angeles Unified School District v.The Superior Court of Los Angeles County (July 23, 2014) 2014 WL 3615855, --- Cal.App.4th ---, recently held that unredacted academic growth over time…more

Public Records, Public Records Act, Student Records

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Ninth Circuit Holds Alleged Retaliatory Actions Must Be Viewed in Context For Purposes of a First Amendment Retaliation Claim

In Wendy Thomas, et al v. County of Riverside, et al, the Ninth Circuit considered whether the District Court properly granted summary judgment of an employee’s First Amendment retaliation claim in favor of the employer…more

Adverse Employment Action, Corporate Counsel, Employer Liability Issues, First Amendment, Protected Activity

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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

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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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The Names Of Officers Involved In An On-Duty Shooting Must Be Disclosed Under The Public Records Act, Unless The Party Resisting Disclosure Can Show A Specific Risk To The Officers

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

Police, Police Brutality, Public Records, Public Records Act

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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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The Hardhat of the Future, Today . . . or, Rather, Next Month

Wearable tech seems to be all the rage, from Google Glass to Apple’s just announced Apple Watch. Even Hollywood seems to be jumping on the wearable tech bandwagon with Tom Cruise starring as a reluctant (and, at least…more

Apple Watch, Construction Industry, Construction Workers, Facebook, Google Glass

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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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Domino’s Pizza is Not Vicariously Liable for Acts of a Franchise Employee Where Domino’s Lacks Control Over Employee, Says California Supreme Court

Domino’s Pizza This week, the California Supreme Court held that Domino’s Pizza was not liable for the torts of an employee of a franchise because Domino’s had no contractual or operational control over the employee. The Court…more

Dominos, Employer Liability Issues, Fast-Food Industry, Franchises, Franchisors

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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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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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“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 »

Bankruptcy Appellate Panel Holds That Contempt Proceedings Filed Against Debtor Were Not Subject To Automatic Stay

In In re Dingley (August 6, 2014) --- B.R. ----, 9th Cir.BAP (Nev.), the Ninth Circuit Bankruptcy Appellate Panel ("BAP") held that a creditor did not violate an automatic stay for maintaining a contempt proceeding against a…more

Automatic Stay, Consumer Bankruptcy, Contempt, Debt, Debtors

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U.S. Supreme Court Holds Sworn Testimony Relating to Public Employee’s Employment Protected by First Amendment Where Speech is Outside Scope of Employee’s Ordinary Job Duties

Recently, the United States Supreme Court granted certiorari to resolve whether a public employee’s testimony in response to a subpoena is entitled to First Amendment protection where providing such testimony is outside the…more

Certiorari, First Amendment, Lane v Franks et.al, Protected Activity, Public Employees

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Public Records Act Did Not Require School District To Produce Student Academic Growth Over Time Scores That Identified Individual Teacher Names Tied To Those Scores

The California Court of Appeal in Los Angeles Unified School District v.The Superior Court of Los Angeles County (July 23, 2014) 2014 WL 3615855, --- Cal.App.4th ---, recently held that unredacted academic growth over time…more

Public Records, Public Records Act, Student Records

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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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Arbitrator To Decide Whether Arbitration Agreement Provides For Class Arbitration

A majority of the United States Supreme Court has never reached agreement on whether the court or an arbitrator should decide the issue of whether an agreement allows or precludes class arbitration. In Sandquist v. Lebo…more

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

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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 104…more

Appeals, Department of Industrial Relations, Employer Liability Issues, Manufacturers, Prevailing Wages

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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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Domino’s Pizza is Not Vicariously Liable for Acts of a Franchise Employee Where Domino’s Lacks Control Over Employee, Says California Supreme Court

Domino’s Pizza This week, the California Supreme Court held that Domino’s Pizza was not liable for the torts of an employee of a franchise because Domino’s had no contractual or operational control over the employee. The Court…more

Dominos, Employer Liability Issues, Fast-Food Industry, Franchises, Franchisors

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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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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

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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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