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Fair Education Santa Barbara v. Santa Barbara Unified School District
Contracts for anti-bias training services were not void for failing to go through a public bidding process because the contracts were for "special services" exempt from the bidding process.
Government 2DCA/6 Dec. 16, 2021
Wheeler v. Appellate Division (People)
Local ordinances imposing liability on landlords for allowing unlicensed commercial cannabis activity were not preempted by state law when the laws were not coextensive and landlords could comply with both laws.
Government 2DCA/3 Dec. 16, 2021
Lejins v. City of Long Beach
The City of Long Beach's Measure M water surcharge could not be imposed as an incident of property ownership and therefore violated Article XIII D Section 3 of the California Constitution.
Government 2DCA/1 Dec. 3, 2021
Martinez v. City of Beverly Hills
In the context of municipal liability, constructive notice for defective sidewalks is different than liability for defective alleys because the intended uses are different.
Government 2DCA/2 Nov. 12, 2021
Haytasingh v. City of San Diego
A trial court's jury instruction to apply a local ordinance was prejudicially erroneous because the local ordinance is preempted by state law.
Government 4DCA/1 Nov. 12, 2021
U.S. v. Tan
United States Customs and Border Protection is not required to describe the subjects about which it intends to question in a summons for testimony.
Government 9th Nov. 2, 2021
Starr v. Chaparro
A city erred by adopting an initiative as an ordinance rather than placing it on the ballot.
Government 2DCA/6 Oct. 26, 2021
Schreiber v. City of Los Angeles
The City of Los Angeles was not required to affirmatively find that granting building density incentives was economically necessary for a project with affordable housing units.
Government 2DCA/6 Sep. 30, 2021
Center for Investigative Reporting v. U.S. Dept. of Justice
The 2010 Tiahrt Amendment did not prohibit ATF from disclosing the number of weapons used in crimes that were traced back to former law enforcement ownership.
Government 9th Sep. 24, 2021
Sierra Watch v. County of Placer
Under the Brown Act, a memorandum placed in the county clerk's office is not 'available for public inspection' at a time when the clerk's office is closed.
Government 3DCA Sep. 23, 2021
X.M. v. Superior Court (Hesperia Unified School District)
When a plaintiff sought treble damages for alleged sexual assault by school's employee, governmental immunity to punitive damages barred plaintiff's claim.
Government 4DCA/2 Sep. 20, 2021
California Renters Legal Advocacy and Education Fund v. City of San Mateo
A city's housing development guidelines did not qualify as objective standards under the Housing Accountability Act because linguistic ambiguities left much to the discretion of elected officials.
Government 1DCA/4 Sep. 14, 2021
Vasquez v. Dept. of Pesticide Regulation
Department of Pesticide Regulation's township cap program, governing yearly pesticide use, was an underground regulation that required replacement through formal rulemaking.
Government 1DCA/1 Sep. 10, 2021
Nowicki v. Contra Costa County Employees' Retirement
Although retiree sold back accrued vacation during year before his retirement to increase his pensionable compensation, this conduct was expressly permitted at that time and thus not improper.
Government 1DCA/2 Aug. 12, 2021
Haytasingh v. City of San Diego
Trial court erroneously instructed jury that City was exempt from Harbors and Navigation Code Section 655.2, which imposes speed limit of five miles per hour on water vessels in certain areas.
Government 4DCA/1 Jul. 12, 2021
Superior Court v. County of Alameda
Sheriff could not reduce court security if funding is insufficient under parties MOU because agreed-upon level of security 'remains in effect' until parties agree to new MOU.
Government 6DCA Jun. 21, 2021
KCSFV I, LLC v. Florin County Water District
Defendants water-rate increase violated Section 6 of Article XIII D of California Constitution because it did not reasonably represent cost of providing service.
Government 3DCA Jun. 2, 2021
Alliance For Responsible Planning v. Taylor
County's proposed amendments to County General Plan were unconstitutional because they exceeded rough proportionality between state's interest and costs of developers' projects.
Government 3DCA May 6, 2021
Newsom v. Superior Court (Gallagher)
Superior court erred in interpreting Emergency Services Act to prohibit Governor from issuing quasi-legislative orders in an emergency.
Government 3DCA May 6, 2021
Kracke v. City of Santa Barbara
Local coastal governmental entities cannot institute changes to public access to coastal zone without first obtaining coastal development permit or certified local coastal program.
Government 2DCA/6 May 5, 2021
Ruegg & Ellsworth v. City of Berkeley
Government Code Section 65913.4(a)(7)(C) applies to 'historical structures' and does not apply to landmarks that are 'sites' or 'resources.'
Government 1DCA/2 Apr. 22, 2021
Amended Opinion: U.S. v. State of Washington
HB 1723 falls within 40 U.S.C. Section 3172's waiver of federal government's immunity from state workers' compensation laws and thus did not violate doctrine of intergovernmental immunity.
Government 9th Apr. 16, 2021
Julian Volunteer Fire Co. Assn. v. Julian-Cuyamaca Fire
Claims were barred because plaintiffs unreasonably delayed in prosecuting their lawsuit and delay prejudiced the parties and the general public.
Government 4DCA/1 Apr. 1, 2021
Senior Disability Action v. Weber
Secretary of State of California had no mandatory duty to designate certain offices as voter registration agencies under National Voter Registration Act.
Government 1DCA/3 Mar. 24, 2021
City of Los Angeles v. Superior Court (Wong)
Dangerous condition of public property under Government Code Section 835 does not extend liability to members of public whose alleged injuries do not arise from using property at issue.
Government 2DCA/4 Mar. 22, 2021
County of Los Angeles Department of Health v. Superior Court (California Restaurant Association)
While no study specifically demonstrated that outdoor dining contributed to the spread of COVID-19, there was a rational basis to believe that it does.
Government 2DCA/4 Mar. 3, 2021
Daneshmand v. City of San Juan Capistrano
Substantial evidence supported trial court's finding that defendant did not waive protections of Government Claims Act, in particular Government Code Section 911.2.
Government 4DCA/3 Feb. 18, 2021
Tansavatdi v. City of Rancho Palos Verdes
While city was entitled to design immunity defense under Government Code Section 830.6, it was not precluded from liability for its failure to warn about dangerous condition.
Government 2DCA/4 Feb. 3, 2021
Self v. Cher-AE Heights Indian Community
Congress has not abrogated tribal immunity for a suit to establish a public easement.
Government 1DCA/5 Jan. 28, 2021
Modification: City of Fresno v. Fresno Building Healthy Communities
Trial court incorrectly concluded that the term 'local government' as used in Article XIII C, Section 2(d) of the California Constitution includes the electorate.
Government 5DCA Jan. 5, 2021