Plaintiff brought an action against a city after she was injured when she tripped over a protruding tree trunk while taking a walk on a sidewalk. Others called the place where she took the walk a trail, saying it was used for horseback riding and hiking. Government Code section 831.4, subdivision (a), provides that public entities […]
A Local Ordinance Is Not A Statute Within The Meaning Of Government Code section 810.
The Internal Revenue Service, following several adverse court decisions, announced in 2006 that it would cease collecting the federal excise tax on long distance and bundled services and allow federal taxpayers to obtain a refund by checking a box on their federal tax returns. In August 2006, plaintiff served a demand on the City and its […]
Disabled Placard, Or License Plate? Try To Figure This One Out!
Vehicle Code section 22511.5, permits unrestricted parking for vehicles with a disabled placard, or license plate, even when there are signs limiting parking time. So far, so good. But what if there are no signs but only a municipal ordinance limiting parking time? This was the issue in Spicer v. City of Camarillo (Cal. App. Second Dist., […]
Rent Control In Mobilehome Park Not A Taking.
A city enacted a mobilehome rent stabilization ordinance which imposed rent control tied to the consumer price index. Years later, the city amended the ordinance to add “vacancy control,” which gave any new resident taking over a mobilehome pad lease the right to rent the pad at the same rate as the previous tenant. The park […]
Adverse Possession Law Students Will Be Tortured With Blackacre Hypos Based On This One!
Owner of a 30-acre parcel of land [owner #1] placed a boundary fence in the wrong place in 1987. Since then, owner #1 has been occupying and improving the .44-acre of the 173-acre parcel owned by owner #2, a religious group. Owner #1 paid no taxes on that .44-acre piece of land, but, because it was […]
Bureaucracy v. Lies With In-Home Supportive Services.
A county determined a disabled woman was eligible to receive In-Home Supportive Services [IHSS; Welfare & Institutions Code section 12300], and she selected her son to be her individual provider. The county sought return of $29,560 it paid to the son on the ground he did not perform the services. In fact, it was the […]
Prayer And Invocation At City Council Meetings.
City typically begins each of its city council meetings with a citizen-led prayer or invocation. The city’s policy sets forth a two-step procedure for soliciting volunteers to lead the invocation. The city clerk compiles and maintains a database of religious congregations with an established presence in the city. Next, the clerk mails all of the listed […]
Original Complaint Did Not Give Rise To A Builder’s Claim For Equitable Indemnity Against A City.
A homeowner’s association’s original complaint against a builder alleged various building violations. Government Code section 901 provides: “The date upon which a cause of action for equitable indemnity or partial equitable indemnity accrues shall be the date upon which a defendant is served with the complaint giving rise to the defendant’s claim for equitable indemnity or […]
Political Party Has Standing To Challenge California Law Requiring Political Signature Gatherers To Be Registered Voters In Same County Where Signatures Gathered.
Plaintiff Libertarian Party of Los Angeles County brought an action against California’s Secretary of State, seeking a holding that California’s Election Code [§§ 8066 & 8451] violates the First and Fourteenth Amendments because it mandates that those persons who collect signatures for the nomination papers of political candidates must be “voters in the district or political […]
A “Search” Within The Meaning Of The Fourth Amendment Includes Using A Drug-Sniffing Dog On A Homeowner’s Porch.
Police received a tip that marijuana was being grown in a home. A surveillance team went to the home and watched it for 15 minutes. Seeing no activity, a detective and a trained dog handler with his drug-sniffing dog approached the home. The dog had been trained to detect the scent of marijuana, cocaine, heroin and […]
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