News & Analysis as of

Petition for Writ of Mandate

California Supreme Court’s Unanimous Holding In Mcmillin Albany LLC V. Superior Court: Affirming Builders’ And Developers’ Right...

by Low, Ball & Lynch on

McMillin Albany LLC, et al., v. The Superior Court of Kern County, Respondent; Carl Van Tassel, et al., Real Parties in Interest - Case No. S229762; January 18, 2018 - This case decided whether common law actions...more

California Court of Appeal Confirms that There is Only One Standard for the Admission of Expert Testimony and that Expert Opinion...

Deciding an issue of first impression, the California Court of Appeal issued a writ of mandate confirming that there is only one standard for the admissibility of expert opinion in California, and that standard applies when...more

Case Dismissed For Failure To Produce PMQ

by Low, Ball & Lynch on

Creed-21 v. City of Wildomar - Court of Appeal of the State Of California, Fourth Appellate District, Division Two November 28, 2017 - Walmart wanted to build a store in Wildomar. An alleged non-profit, social advocacy...more

Certified Regulatory Programs Must Comply with CEQA’s Policies and Substantive Standards

by Perkins Coie on

A certified regulatory program, which is exempt from some of CEQA’s requirements, must still comply with CEQA’s core policies and standards, which include considering feasible alternatives and cumulative impacts and...more

Lawsuit seeks to have California Waterways Identified as Hydrologically Impaired under the Clean Water Act

by Downey Brand LLP on

On November 1, 2017 the Earth Law Center, San Diego Coastkeeper and Los Angeles Waterkeeper (Petitioners) filed a Verified Petition for Writ of Mandate seeking to compel the State Water Resources Control State Board (Board)...more

Landlord-Tenant – Collateral Estoppel Doctrine Bars Issues Adjudicated in Unlawful Detainer Action

by Low, Ball & Lynch on

Alfonso Ayala v. Randy Dawson - Court of Appeal, First District (August 4, 2017) - Property owner Randy Dawson and tenant Alfonso Ayala signed a written contract in December, 1999, entitled “Residential Lease with...more

California’s Supreme Court Denies ARB Petition To Review LCFS Case

by Latham & Watkins LLP on

In a previous post, we described how potential delays in the resolution of the case commonly known as POET I could create uncertainty regarding the future of the California Low Carbon Fuel Standard (LCFS). On August 23, 2017,...more

California Supreme Court Petitioned to Resolve Split in Authority Regarding Inverse Condemnation Liability in Sewage Backup Cases

by Nossaman LLP on

The City of Oroville (“City”) has petitioned the California Supreme Court for review of an unpublished Court of Appeal decision, City of Oroville v. Superior Court (2017) 2017 WL 2554447 (Third District), finding the City...more

Uncertainty Looms with Delays to Resolution of California’s Low Carbon Fuel Standard Program Challenges

by Latham & Watkins LLP on

Two recent developments in the interrelated legal challenges commonly known as POET I and POET II may create additional uncertainty for the future of the Low Carbon Fuel Standard Program (LCFS). Earlier this year, the...more

California Employment Law Notes - July 2017

In response to three questions asked of it by the United States Court of Appeals for the Ninth Circuit, the California Supreme Court opined as follows...more

Sixth District Upholds County Zoning Updates Against Piecemealing Claim, Rejects Challenge to Negative Declaration Based on...

by Downey Brand LLP on

In March 2017, the Sixth Appellate District issued its decision in Aptos Council v. County of Santa Cruz, which rejected a two-pronged challenge to the County of Santa Cruz’s adoption of three zoning ordinances revising...more

Court Reissues LCFS Opinion Per ARB Petition For Reconsideration

by Latham & Watkins LLP on

As discussed in a previous post, the California Court of Appeal for the Fifth Appellate District (Court of Appeal) ruled on April 10, 2017 that the California Air Resources Board (ARB) had failed to properly follow a writ of...more

The California Supreme Court Has a Banner Week, Hearing Argument in Three CEQA and Land Use Cases

by Downey Brand LLP on

On May 3–4, 2017, the California Supreme Court heard oral arguments in three cases with significant implications for California land use law. Below we summarize the main issue(s) argued in each matter and possible outcomes....more

Appellate Court Holds That Mandatory Relief is Unavailable Because of Recording Error - Trial Court Ruled on Partial Record After...

by Holland & Knight LLP on

In The Urban Wildlands Group, Inc. v. City of Los Angeles et al., No. B271350 (Cal. Ct. App. 2nd District, April 13, 2017), The Urban Wildlands Group Inc. (Urban Wildlands) filed a petition for writ of mandate and a complaint...more

California Court Chastises Air Resources Board over LCFS but Preserves 2017 Status Quo

by Latham & Watkins LLP on

In two recent posts, we discussed how California’s Low Carbon Fuel Standard (LCFS) had been thrown into a state of potential upheaval by two interrelated legal challenges commonly known as POET I and POET II, including a...more

Compelled Vocational Examinations of Injured Plaintiffs are Not Permitted in California

by Selman Breitman LLP on

Defendants litigating against personal injury claims in California cannot compel injured plaintiffs to submit to a vocational rehabilitation examination—even if the plaintiff has retained his or her own vocational expert to...more

UPDATE: Court’s Tentative Decision Sides in Favor of DOGGR in CBD’s Wastewater Injection Lawsuit

Update: September 26, 2016 - On September 21, 2016, the Honorable George C. Hernandez, Jr. issued the final Statement of Decision, which affirmed the tentative decision denying all claims for relief. The court denied...more

Texas Appeals Court Denies Petition For A Writ Of Mandamus That Trial Court Erred In Denying Motion To Vacate Arbitration Panel’s...

by Carlton Fields on

A Texas appeals court denied a petition for a writ of mandamus filed by Irving Drobny, on behalf of National Accident Insurance Group (“NAIG”) and National Accident Insurance Underwriters (“NAIU”) (collectively, “NAIU”),...more

Real Estate and Land Use - August 2016

Court of Appeal Holds EIR Inadequately Analyzed Energy Impacts - Ukiah Citizens for Safety First v. City of Ukiah et al. (248 Cal.App.4th 256) (partially published) - Why It Matters: The California Court of Appeal...more

Giving A Hand To Mandamus

by Allen Matkins on

“Mandamus” is the first person plural present indicative active form of the Latin word meaning to command. It is most likely the result of combining the Latin word for “hand”, manus, with the Latin word “to give”, do. Some...more

California Supreme Court Shifts Gears on “Reverse CEQA”

The California Supreme Court has shifted gears on so-called “reverse CEQA” under the California Environmental Quality Act (“CEQA”)....more

Does the Public Trust Doctrine Apply to Groundwater? The California Appellate Courts Will Soon Decide

by Best Best & Krieger LLP on

The California appellate courts will soon be called on to decide an important and novel issue of California water law: whether the public trust doctrine applies to groundwater. The public trust doctrine holds that the state...more

Environmental Justice Lawsuit Accuses L.A. of Discriminatory Oil Permitting

by Stoel Rives LLP on

On Friday, November 6, three environmental organizations filed suit against the City of Los Angeles in California Superior Court for the County of Los Angeles. The three groups, Youth for Environmental Justice, the Center for...more

Court Blocks Attempt to Circumvent the Med-Legal Process

On October 28, 2015, the Second District Court of Appeal, Division Six, published its opinion in Margaret Batten v. Long Beach Memorial Hospital, B260916, in which it determined that a self-procured medical-legal report...more

California Supreme Court Hears Oral Argument in Case Challenging 2010 Bay Area Air Quality Management District Air Quality...

by Latham & Watkins LLP on

On October 7, 2015, the California Supreme Court heard oral argument in California Building Industry Association v. Bay Area Air Quality Management District (Supreme Court Case No. S213478), a case which calls into question...more

37 Results
View per page
Page: of 2

"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:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.