News & Analysis as of

Petition for Writ of Mandate

Nossaman LLP

Public Agency’s Resolution of Necessity Not Entitled to Conclusive Presumption When Using Eminent Domain for Takeover of Public...

Nossaman LLP on

In California, when a government entity adopts a resolution of necessity to acquire property by eminent domain, that resolution typically “conclusively” establishes the requisite findings of public use and necessity. However,...more

Downey Brand LLP

Trial Court’s Jurisdiction over CEQA Case is Lost after Writ is Satisfied by Rescission of Project Approvals

Downey Brand LLP on

In McCann v. City of San Diego (2023) 94 Cal.App.5th 284 (McCann II), the Fourth District Court of Appeal held the trial court exceeded its jurisdiction by failing to discharge a writ of mandate. The writ was issued for the...more

Perkins Coie

Trial Court Cannot Retain Jurisdiction if Terms of Peremptory Writ of Mandate are Fully Satisfied

Perkins Coie on

The trial court improperly retained jurisdiction of a CEQA challenge after the City of San Diego filed a return to the peremptory writ of mandate confirming that it had rescinded the project approvals and thereby satisfied...more

Downey Brand LLP

UC Regents Prevails Against Dueling Challenges to Fuels Management Plan Designed to Reduce Wildfire Risk in the Berkeley Hills

Downey Brand LLP on

In Claremont Canyon Conservancy v. Regents of the University of California, two organizations, the Claremont Canyon Conservancy and the Hills Conservation Network, filed petitions for writ of mandate challenging the adequacy...more

Downey Brand LLP

Statue’s Status is History: City Prevails in CEQA Challenge to Removal of Junipero Serra Statue

Downey Brand LLP on

The Second District of the Court of Appeal on June 8 ordered publication of its May 12 opinion affirming the denial of a writ of mandate that challenged the City of Buenaventura’s removal and relocation of a statue of...more

Downey Brand LLP

Neighbor vs. Neighbor Dispute Over Home Remodel Leads to Reversal of Anti-SLAPP Motion in Court of Appeal

Downey Brand LLP on

In Durkin v. City & County of San Francisco (2023) 90 Cal.App.5th 643, the First District Court of Appeal held that the trial court erred in granting the real party in interest’s special motion to strike under anti-SLAPP...more

Proskauer - California Employment Law

Employer Waived Right To Arbitration By Failing To Timely Pay Arbitration Fees

Espinoza v. Superior Court, 83 Cal. App. 5th 761 (2022) - Rosa M. Quincoza Espinoza sued her former employer, Centinela Skilled Nursing & Wellness Centre West, LLC, for discrimination and retaliation. The employer filed a...more

Downey Brand LLP

Third District Invalidates Water Bottling Facility EIR for Overly Narrow Project Objectives and Failure to Recirculate

Downey Brand LLP on

On April 20, 2022, the Third District Court of Appeal filed its opinion in We Advocate Through Environmental Review v. County of Siskiyou (2022) 78 Cal.App.5th 683, reversing the trial court’s judgment upholding the County’s...more

Downey Brand LLP

Third Circuit Makes Clear That Lead Agencies and Responsible Agencies Alike Must Make Findings Under CEQA

Downey Brand LLP on

On May 11, 2022, the Third District Court of Appeal published its opinion in We Advocate Through Environmental Review v. City of Mount Shasta (2022) 78 Cal.App.5th 629, reversing the decision below and ordering the trial...more

Parker Poe Adams & Bernstein LLP

Federal Courts Reject a Union's Attempt to Force OSHA to Issue New COVID-19 Rules

​​​​​​​It may seem like a lifetime ago, but employers may recall that in late 2021, the federal Occupational Safety and Health Administration (OSHA) withdrew its health care emergency temporary standard (ETS) for COVID-19,...more

Downey Brand LLP

First District Invalidates Garaventa Hills EIR for Improperly Classifying No-Project Alternative of Preserving Residentially-Zoned...

Downey Brand LLP on

On March 30, 2022, the First District Court of Appeal published its opinion in Save the Hill Group v. City of Livermore (2022) 76 Cal.App.5th 1092, invalidating an Environmental Impact Report (“EIR”) for the Garaventa Hills...more

Downey Brand LLP

Full Quantification of Water Rights Not Required for CEQA Review, Second District Declares

Downey Brand LLP on

On March 22, 2022, the Second District Court of Appeal published its Opinion in Buena Vista Water Storage District v. Kern Water Bank Authority, upholding the Environmental Impact Report (EIR) for the Kern Water Bank...more

Perkins Coie

Ban on Short-Term Rentals Required Coastal Commission Approval

Perkins Coie on

The Court of Appeal held that absent a distinction between short- and long-term rentals, both are permitted under city zoning ordinances, and any ban on short-term rentals that changes the status quo is an amendment that...more

Perkins Coie

Union Intervention in Case Properly Denied Where Inclusion Would Unduly Complicate Litigation

Perkins Coie on

Courts may deny permissive intervention if there are already multiple parties in the case and the intervenor’s interests will be adequately represented by other parties. South Coast Air Quality Management District v. City of...more

Morrison & Foerster LLP - Federal Circuitry

Last Week in the Federal Circuit (June 28-July 2): What Do We Do with a Venue Dodger?

The Federal Circuit sits for oral arguments this week. Despite juggling argument preparation and the July 4 holiday weekend, the Court still managed to release several decisions last week. One was a precedential order...more

Stokes Wagner

California Labor Code Section 226: Clarifications on Compliance with Wage Statement Overtime Listings

Stokes Wagner on

Anyone who has considered filing a petition for writ of mandate from a superior court ruling knows the odds are not in favor of the court granted this extraordinary relief. Apart from clear error, the requirement of showing...more

Downey Brand LLP

First District Denies Challenge to Napa County Approval of Mining Operations Because Petitioner Failed to Exhaust Administrative...

Downey Brand LLP on

In Stop Syar Expansion v. County of Napa (2021) 63 Cal.App.5th 444, the First District Court of Appeal upheld Napa County’s Environmental Impact Report (EIR) for the expansion of Syar Industries, Inc.’s aggregate mining...more

Downey Brand LLP

CEQA Plaintiffs Beware: Meritless Lawsuits May Be Subject To Counter-Claims for Malicious Prosecution

Downey Brand LLP on

In Jan Dunning et al. v. Kevin K. Johnson, APLC et al., the Fourth District Court of Appeal held that a developer and property owner could pursue its claims against a neighbor and project opponent for malicious prosecution...more

Downey Brand LLP

Poseidon’s Desalination Plant’s Supplemental EIR Holds Water According to the Court of Appeal

Downey Brand LLP on

In California Coastkeeper v. State Lands Commission, the Third District Court of Appeal upheld the State Lands Commission’s decision to prepare a supplemental environmental impact report (EIR) for a desalination plant in...more

Payne & Fears

Key California Employment Law Cases: March 2021

Payne & Fears on

Clark v. Superior Court., No. D077711, 2021 WL 1050057 (Cal. Ct. App. Mar. 19, 2021) - Summary: Employee exhausted her administrative remedies despite failing to identify her employer’s proper legal name in her DFEH...more

Proskauer - California Employment Law

Uber/Lyft Drivers Win Latest Round in California

The California Supreme Court has denied a petition for writ of mandate filed by the Service Employees International Union (SEIU). The SEIU, which was hoping to unionize Uber and Lyft drivers in the wake of AB 5, argued that...more

Proskauer - California Employment Law

“Continuing Violation” Theory Saves Employee’s Sexual Harassment Claim

Blue Fountain Pools & Spas Inc. v. Superior Court, 2020 WL 4581664 (Cal. Ct. App. 2020) - Daisy Arias alleged she suffered sustained, egregious sexual harassment for most of the time she was employed by Blue Fountain,...more

Snell & Wilmer

In California the Housing Crisis Yields to Luxury Spas

Snell & Wilmer on

A recent court of appeal opinion out of San Diego demonstrates how the California Environmental Quality Act (“CEQA”) has once again been used to impede housing development—this time to the benefit of a high-end luxury spa. ...more

Downey Brand LLP

Next Up for the Oakland A’s new stadium plan: another lawsuit

Downey Brand LLP on

While some have been enjoying the return of baseball, albeit without fans in the stands, the Oakland A’s are moving forward with their game plan for a new stadium in the Port of Oakland. However, relations with their...more

Nossaman LLP

COVID-19 Update: Courts Rule Limitations on Evictions Not a Taking

Nossaman LLP on

In response to the COVID-19 pandemic a number of local jurisdictions throughout the country adopted ordinances freezing rents and prohibiting or limiting evictions. Not surprisingly, some landlords were not particularly...more

82 Results
 / 
View per page
Page: of 4

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide