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Built-In Contract Remedies: Avoiding the Unenforceable Penalty

Under California law, a provision of a contract found to impose a penalty is unenforceable as a forfeiture and contrary to public policy. The characteristic feature of a penalty is the lack of proportional relation between the…more
| Commercial Law & Contracts, Real Estate - Commercial

Another One Bites the Dust: Supreme Court Denies Review and Depublishes Sixth District’s SMARA/CEQA Opinion Upholding Permanente Quarry Reclamation Plan Amendment and Related EIR

On December 14, 2016, the California Supreme Court denied review and ordered depublished the Sixth District Court of Appeal’s opinion in Bay Area Clean Environment, Inc. v. Santa Clara County, which was previously filed on…more
| Environmental Law, Zoning, Planning & Land Use

Annoyance and Discomfort Damages Resulting from Injury to Trees are Subject to the Statutory Damage Multiplier

Boundary disputes are one of the most actively litigated areas of real property law. One common category of such disputes involves the trimming of a neighbor’s tree, either to remove branches that have grown over a property…more
| Real Estate - Residential, Zoning, Planning & Land Use

New Water Supply Planning Laws Affecting CEQA Projects Now in Effect

New California legislation affecting the required water supply analyses that must be made for certain projects subject to CEQA (SB 1262) was signed into law by Governor Brown last fall, and is now effective as of January 1,…more
| Construction Law, Environmental Law, Zoning, Planning & Land Use

County Boards of Education Cannot be Exempted from Local Zoning Requirements

On January 24, 2017, the Court of Appeal for the Sixth Appellate District interpreted Government Code section 53094 and held that, unlike school districts, county boards of education cannot be exempted from local zoning…more
| Education, Zoning, Planning & Land Use

Has The Link Between Business Goodwill And Profits Been Severed?

When property is taken by eminent domain, the owner of a business operated on the property is entitled to compensation for any “business goodwill” lost due to the taking. Usually, “goodwill” translates into a business’s…more
| Constitutional Law, Real Estate - Commercial, Zoning, Planning & Land Use

California Supreme Court Denies Review in Expedited CEQA Litigation over Golden State Warriors Arena Project Approval

On January 17, 2017, the California Supreme Court denied the losing appellants’ petition for writ of supersedeas, stay request, and petition for review of the First District Court of Appeal’s decision in Mission Bay Alliance v…more
| Civil Procedure, Construction Law, Environmental Law, Zoning, Planning & Land Use

Agenda with Superficial Description Violated Brown Act but Related Land Use Initiative for a Walmart Store did not Violate California Constitution

On January 5, 2017, the Court of Appeal for the Fourth Appellate District partially published Hernandez v. Town of Apple Valley, __ Cal.App.5th __ (2016) (Case No. E063721). The published portion of the opinion addresses…more
| Constitutional Law, Real Estate - Commercial, Zoning, Planning & Land Use

Supreme Court Grants Review in Medical Marijuana Case Presenting CEQA “Project” Definition Issues

On January 11, 2017, the California Supreme Court by unanimous order granted review in yet another CEQA case, Union of Medical Marijuana Patients, Inc. v. City of San Diego (2016) 4 Cal.App.4th 103, Supreme Court Case No…more
| Civil Procedure, Zoning, Planning & Land Use

Property Reserve and Precondemnation Entries – The Epilogue

As we have previously reported, the California Supreme Court in Property Reserve, Inc. v. Superior Court (2016) 1 Cal.5th 151, ruled that the California statutes allowing precondemnation entry by the government to test and…more
| Civil Procedure, Zoning, Planning & Land Use

Completing the Loop Without Reinventing the Wheel: First District Holds 1998 EIR Adequate Without Further CEQA Review to Analyze Impacts of SF Muni’s Delayed Completion of Dogpatch Area Light Rail Line Loop

In an opinion filed November 29, and belatedly ordered published on December 22, 2016, the First District Court of Appeal affirmed the trial court’s denial of a writ petition challenging on CEQA grounds the San Francisco…more
| Construction Law, Environmental Law, Zoning, Planning & Land Use

California Supreme Court Overturns City’s General Plan Consistency Determination, Holding that 1973 Resolution is Not Part of its Current 2010 General Plan

Attorneys are undoubtedly familiar with the adage that “bad facts make bad law.” When an agency makes a general plan consistency determination, bad facts can also result in a court concluding that the deference typically owed…more
| Zoning, Planning & Land Use

CEQA Does Not Require Local Lead Agency To Provide For Administrative Appeal To Elected Body of Nonelected Body’s Decision That Project Changes Require No Subsequent Review

In an opinion filed December 7, and later ordered published on December 16, 2016, the Fourth District Court of Appeal affirmed a judgment denying a writ petition on the “single legal issue” whether plaintiffs were entitled under…more
| Environmental Law, Zoning, Planning & Land Use

Court Upholds Golden State Warriors’ Mission Bay Event Center and Mixed-Use Development Project

On November 29, 2016, the Court of Appeal for the First Appellate District rejected a challenge to the sufficiency of the San Francisco’s environmental analysis and upheld the City’s approval of an arena to house the Golden…more
| Construction Law, Zoning, Planning & Land Use

Slam Dunked! First District Rejects All CEQA And Land Use Challenges To Golden State Warriors Event Center Project And EIR In Expedited Litigation

In a lengthy published opinion filed November 29, 2016, the First District Court of Appeal rejected all legal challenges to the City of San Francisco’s Final Supplemental Environmental Impact Report (FSEIR) and related land use…more
| Environmental Law, Zoning, Planning & Land Use
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Contact

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
See more
Locations
Other U.S. Locations
  • California
Number of Attorneys

25-50 Attorneys

This profile may constitute attorney advertising. Prior results do not guarantee a similar outcome. Any correspondence with this profile holder does not constitute a client/attorney relationship. Neither the content on this profile nor transmissions between you and the profile holder through this profile are intended to provide legal or other advice or to create an attorney-client relationship.

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