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

Petitioner is Prevailing Party Entitled to Attorney Fees Where Undisputed Evidence Proves that Writ Petition Motivated City to Produce Responsive Documents

The California Public Records Act provides for public inspection of records maintained by state and local agencies and declares that “access to information concerning the conduct of the people’s business is a fundamental and…more
 /  Civil Procedure, Zoning, Planning & Land Use

California Court of Appeal Again Rules in Favor of Public Against Billionaire Owner of Martins Beach

Martins Beach, near Half Moon Bay in the County of San Mateo, is the subject of protracted litigation on various fronts stemming from tech billionaire Vinod Khosla’s 2009, decision to change the public’s access to and use of…more
 /  Zoning, Planning & Land Use

California Supreme Court Holds CEQA Applies to State Entity’s Railroad Project on State-Owned Rail Line As Act of “Self-Governance”, Not “Regulation” That Would Be Preempted By Federal Law

On July 7, 2017, the California Supreme Court filed its 69-page opinion, written by Chief Justice Cantil-Sakauye and joined by five other justices, in Friends of the Eel River v. North Coast Railroad Authority, et al. (2017) __…more
 /  Conflict of Laws, Environmental Law, Transportation

Supreme Court Denies Depublication Request, Declines To Review CEQA Decision Addressing Discretionary/Ministerial Project Approval Distinction

On July 26, 2017, the California Supreme Court issued its order denying the losing appellants’ (Sierra Club and Center for Biological Diversity) request for depublication of the opinion in Sierra Club v. County of Sonoma (2017)…more
 /  Environmental Law

Standing Against Environmental Injustice: Some Thoughts On Facing The Need For CEQA Litigation Reform

CEQA, our state’s landmark environmental protection act, is a venerable law with an illustrious history now spanning over 45 years. But it’s also being abused every day, distorted for non-environmental ends not worthy of it –…more
 /  Civil Procedure, Constitutional Law, Environmental Law

Supreme Disappointment: High Court’s Narrow Opinion In SANDAG RTP/SCS EIR Case Offers Little Guidance On CEQA GHG Analysis

On July 13, 2017, the California Supreme Court rendered a 6-1 decision holding that the San Diego Association of Governments’ (SANDAG) 2011 EIR for its Regional Transportation Plan/Sustainable Communities Strategy (RTP/SCS)…more
 /  Civil Procedure, Environmental Law, Zoning, Planning & Land Use

California Supreme Court Holds that Landowners Forfeited Right to Challenge Conditions of Permit to Build New Seawall by Proceeding with Construction

On July 2, 2017, the California Supreme Court issued its opinion in Lynch v. California Coastal Commission, __ Cal.5th __ (Case No. S221980), holding that the owners of two coastal bluff properties in Encinitas forfeited their…more
 /  Civil Procedure, Zoning, Planning & Land Use

California’s Anti-SLAPP Statute: A Potent, Yet Confounding, Weapon

Lawsuits designed to chill the valid exercise of the constitutional right of free speech or the right to petition, denominated as “strategic lawsuits against public participation” (or “SLAPP” suits), have taken on increasing…more
 /  Business Organizations, Civil Procedure, Communications & Media Law, Constitutional Law, Real Estate - Residential

Voters May Not Usurp City’s Administrative Land Use Authority Through Initiative Process

In The Park at Cross Creek LLC v. City of Malibu (2nd Dist. 2017), ___Cal.App.5th___ (Case No. B271620), the Court addressed the validity of a voter enacted initiative, Measure R, designed to limit large developments and chain…more
 /  Zoning, Planning & Land Use

SCOTUS Announces New Multi-Factor Test to Determine the Relevant Parcel in Regulatory Takings Cases

On June 23, 2017, the Supreme Court of the United States finally decided Murr v. Wisconsin, __ U.S. __ (2017) (Case No. 15-214), a case that addressed land use regulations that “merged” adjacent parcels (the first of which was…more
 /  Civil Procedure, Constitutional Law, Zoning, Planning & Land Use, Real Estate - Residential, Real Estate - Commercial

Sierra Club/CBD Seek Depublication of CEQA Decision Addressing Discretionary/Ministerial Project Approval Distinction

On June 16, 2017 – without seeking either rehearing in the First District Court of Appeal or review by the Supreme Court – losing appellants Sierra Club and Center for Biological Diversity filed a letter asking the Supreme Court…more
 /  Environmental Law

Fifth District Grants Rehearing, Vacates Prior Published Opinion, and Issues Slightly Modified Published Opinion in POET II CEQA Litigation

On May 2, 2017, the Fifth District Court of Appeal vacated its earlier order and writ, and on May 5 it granted Respondents’ request for rehearing in the CEQA litigation entitled Poet, LLC v. State Air Resources Board, et al…more
 /  Civil Procedure, Environmental Law

Fifth District Holds CEQA Action Challenging Individual DOGGR Oil Well Permits Not Barred By Res Judicata Based On Prior Judgment Rendered On Mootness/Ripeness Grounds

In a 38-page opinion filed May 4, and belatedly ordered published on May 25, 2017, the Fifth District Court of Appeal reversed a judgment dismissing a writ petition filed by three environmental groups alleging CEQA violations…more
 /  Energy & Utilities, Environmental Law

First District Holds CEQA Action Can Be Brought Directly Against Local Air District to Challenge “Authority to Construct” Issued for Mendocino County Asphalt Production Operation

In an opinion filed March 23, and belatedly modified and ordered published on May 25, 2017, the First District Court of Appeal reversed the trial court’s dismissal of a plaintiff environmental group’s (“Friends”) CEQA action…more
 /  Environmental Law, Zoning, Planning & Land Use

What’s Ironic?

We’ve come a long way since 1911, when the initiative and referendum processes were enshrined in the state constitution to address corruption in state government caused by special interests. For some reason that reality reminds…more
 /  Zoning, Planning & Land Use
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