Miller Starr Regalia

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1331 N. California Blvd.
5th FL
Walnut Creek, CA 94596, United States
Contact: Nadine Nassif
Areas of Practice
  • Alternative Dispute Resolution (ADR)
  • Appellate Practice
  • Business Organizations
  • Commercial Law & Contracts
  • Construction Law
  • Energy & Utilities
  • Environmental Law
  • Finance & Banking
  • Insurance
  • Litigation
  • Real Estate
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Locations
Other U.S. Locations
  • California
Number of Attorneys
25-50 Attorneys

Court Holds that Attorney-Client Privilege Extends to Environmental Consultants Hired by an Attorney on Behalf of a Client, but Only to the Extent Communications are Made for the Purpose of Obtaining Legal Advice from the Attorney

The attorney-client privilege protects communications made in confidence by a client to its attorney for the purpose of obtaining legal advice. The privilege can extent to consultants and experts hired by the attorney on behalf…more
 /  Civil Procedure, Environmental Law

No Surprises Here: First District Applies CEQA Subsequent Review Standards Mandated by Supreme Court on Remand, Again Affirms Judgment for Petitioner in Friends of the College of San Mateo Gardens Litigation

When all was said and done, it was a case of “same wine, different bottle” for Defendant and Appellant San Mateo Community College District (“District”) after the First District Court of Appeal’s published May 5, 2017 decision,…more
 /  Civil Procedure, Environmental Law, Zoning, Planning & Land Use

Court Rejects Late Challenge to Permits for New Lifeguard Station on San Diego’s Mission Beach

California provides relatively short statutes of limitations for challenges in the land use context. For example, Government Code section 65009(c)(1) provides that “no action or proceeding shall be maintained [for a wide range…more
 /  Construction Law, Zoning, Planning & Land Use

First District Holds Sonoma County Vineyard Development (VESCO) Permit was Ministerial Approval Exempt from CEQA

On April 21, 2017, the First District Court of Appeal filed a 22-page published opinion providing significant guidance and analysis concerning the critical, but sometimes elusive, distinction between “discretionary” project…more
 /  Environmental Law, Zoning, Planning & Land Use

Second District Holds Adverse Judgment in CEQA Action Resulting from Plaintiff Attorney’s Failure to Lodge Administrative Record is Not “Dismissal” or “Default Judgment” Subject to Mandatory Relief Provisions of CCP Section 473(b)

In a published opinion filed April 13, 2017, the Court of Appeal for the Second Appellate District, Division 5, held that Code of Civil Procedure (“CCP”) § 473(b)’s provisions allowing mandatory relief upon an attorney’s sworn…more
 /  Civil Procedure, Environmental Law

CARB Violated CEQA and Writ in LCFS Litigation, Holds Fifth District, While Leaving New 2015 Regs in Effect

In a detailed 66-page published opinion filed April 10, 2017, the Fifth District Court of Appeal reversed the trial court’s order discharging a writ of mandate that was issued to compel the California Air Resources Board…more
 /  Energy & Utilities, Environmental Law

Sixth District Rejects “Piecemealing” and Other CEQA Challenges to Ordinances Enacted Pursuant to Santa Cruz County’s Zoning Modernization Effort

Like the fable of the blind men and the elephant, CEQA’s prohibition on “piecemealing” of environmental review is animated by a basic recognition that the “whole” of an action under review is greater than its individual parts…more
 /  Environmental Law, Zoning, Planning & Land Use

California Supreme Court Holds Banning Ranch EIR Violates CEQA by Failing to Identify and Analyze Coastal Zone Project’s Impacts on Potential Environmentally Sensitive Habitat Areas (ESHA); Declines to Reach General Plan Issues

In a unanimous 29-page opinion authored by Associate Justice Carol Corrigan, and filed on March 30, 2017, the California Supreme Court held the City of Newport Beach’s EIR for a large mixed-use development project proposed on a…more
 /  Civil Procedure, Environmental Law, Zoning, Planning & Land Use

Landlords Win San Francisco Legal Battle

Who is responsible for the housing crisis in San Francisco, and what can government do to solve it? As property values have climbed in San Francisco and surrounding areas, that problem has increasingly vexed elected officials…more
 /  Real Estate - Residential

Fourth District Affirms Judgment Rejecting Numerous CEQA Challenges to EIR and Approval Process for Large Master-Planned Riverside County Development Project

In a 46-page opinion filed February 14 and ordered published on March 15, 2017, the Fourth District Court of Appeal rejected numerous CEQA challenges to Riverside County’s approval of an EIR for Specific Plan 380, a 200-acre…more
 /  Environmental Law, Zoning, Planning & Land Use

New Cert Petition Asks SCOTUS if Legislatively Mandated Permit Conditions are Subject to Heightened Scrutiny

Last September we wrote about 616 Croft Ave., LLC v. City of West Hollywood, an opinion from the Court of Appeal for the Second Appellate District upholding a nearly $555,000 in-lieu fee on an 11-unit residential infill project…more
 /  Constitutional Law, Zoning, Planning & Land Use

The Case of the Missing $10M Oxford Comma

Vampire Weekend may not “give a f— about an Oxford comma,” but I certainly do. And so, too, does the United States Court of Appeals for the First Circuit, which opened a recent opinion, in a class action lawsuit about overtime…more
 /  Labor & Employment Law

Ballot Box Alternatives To CEQA And Land Use Litigation: Recent Developments In The Law Of Initiatives And Referenda

Land use litigators know that CEQA provides a potent weapon to challenge local government decisions affecting land use and development. It is often easy to plead a CEQA claim challenging such decisions, and CEQA will normally…more
 /  Environmental Law, Zoning, Planning & Land Use

Longtime Supreme Court CEQA Maven, Justice Kathryn Werdegar, Announces Retirement

The Los Angeles Times reported yesterday that California Supreme Court Justice Kathryn Werdegar, 81, and currently the Court’s longest-serving member, will retire this summer, on August 31, 2017. Justice Werdegar has served as…more
 /  Civil Procedure, Environmental Law

California Supreme Court Holds that Communications Related to Public Business do not Cease to be Public Records Just Because They Were Sent or Received Using a Personal Account or Device

On March 2, 2017, in what is easily the sunniest day in this long, wet winter, the Supreme Court of California issued a landmark ruling regarding the California Public Records Act (Cal. Govt. Code § 6250 et seq.), holding that…more
 /  Civil Procedure, Zoning, Planning & Land Use
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