Four months ago, New York Governor Kathy Hochul signed the Adult Survivors Act (ASA) (S.66A/A.648A), creating a one-year window, beginning November 24, 2022, for adult survivors of sexual assault to bring civil claims against...more
In the first reported interpretation of a 2021 amendment to CEQA’s statute of limitations provisions, the First District Court of Appeal addressed “whether an action against a lead agency must be dismissed–despite being filed...more
Due to the ongoing COVID-19 pandemic, Emergency Rules for filings, service, and statutes of limitation remain in effect in California state courts. While “temporary” rules first went into effect on April 6, 2020, many remain...more
Published on February 9, 2021, the Court of Appeal in Organizacion Comunidad de Alviso v. City of San Jose held that the City of San Jose’s (“City’s”) posting of a second, revised Notice of Determination (“NOD”) adequately...more
A challenge to a water district’s increase in its ad valorem property tax was untimely under the 60-day statute of limitations in the validation statutes. Coachella Valley Water District v. Superior Court (Roberts), No....more
Seyfarth Synopsis: The California Legislature has passed a series of employment-related bills for Governor Newsom to consider. He has until September 30 to approve or veto these bills, most of which relate to leaves of...more
An administrative agency must provide the notice required under Code of Civil Procedure section 1094.6(f) specifying when its decision becomes final, and may not add potentially confusing information that undermines the...more
California causes of action are subject to various statutes of limitation. Unless a plaintiff or petitioner files a complaint or other document asserting a cause of action within the applicable limitations period, the filing...more
The CCPA itself does not contain a limitations period, but, like many states, California has, within its rules of civil procedure, omnibus limitations periods that apply to statutes for which a limitations period is not...more
There is a good deal of confusion about when the CCPA actually “becomes law.” The confusion is due, in large part, to a lack of drafting clarity presumably caused by the hasty drafting of the Act....more
California’s probate process aims to expeditiously identify and resolve the claims of creditors against decedents. Creditors who are unsophisticated, or who simply do not learn of the decedent’s passing, may find themselves...more
Luis Shalabi v. City of Fontana, 2019 WL 2183795, puts to rest any confusion you might have on how to calculate when a statute of limitations will expire on a minor’s claim for recovery under Chapter 3 of the California Code...more
In a case of first impression, the Ninth Circuit begins to unravel the mystery of when a claim to enforce a rescission request under the Truth in Lending Act (TILA) may be time-barred. An action by a Washington state borrower...more
As the New Year approaches, there are several critical changes in California’s employment laws set to take effect. Many of these changes were driven by the #MeToo movement, which marked its first anniversary in 2018 and is...more
A California Court of Appeal recently provided a reminder that under Code of Civil Procedure § 368, assignment of a right to recover money or other personal property (“a thing in action”) is subject to any defense existing at...more