A city’s municipal code states no grading permit shall be issued for a hillside site larger than 60,000 square feet unless a “tentative tract map” has been approved by a city planner. Here, a property owner sought a permit for construction of a three-residence family compound over hillside lots totaling 85,000 square feet. The trial […]
California Safe Drinking Water and Toxic Enforcement Act of 1986; The Sky Is Falling!
Plaintiff, who describes itself as a nonprofit organization “committed to promoting a safe and healthful diet and to protecting consumers from food and drink that are dangerous or unhealthful,” filed an action seeking injunctive and declaratory relief and civil penalties against seven chain restaurants alleging their grilled chicken created a chemical called PhIP, which appears […]
Disability Discrimination With The LSAT? Need For Accommodation.
Before a recent law change, when extra time was given to subjects with cognitive or physical disabilities who take the Law School Admissions Test [LSAT], the person’s score was identified and a letter sent to law schools notifying that an accommodation was granted and advising that the score should be interpreted with great sensitivity. In 2013, […]
No Spot Zoning Removal Here.
A church desired to build a senior citizen living community in an unincorporated area of a county. The Board of Supervisors created a new zoning definition for senior residential housing, and determined the project was in compliance. Several community groups associated and challenged the Board in a petition for writ of mandate in the superior court, […]
Local Ordinance Prohibiting Registered Sex Offenders From Entering City Parks Preempted By State Law.
A criminal defendant was charged with violating a local ordinance that prohibits registered sex offenders from entering city parks without written permission of the police chief. The trial court sustained defendant’s demurrer, concluding state law preempts prosecution under the local ordinance because the Legislature has enacted a comprehensive statutory scheme. The appellate court agreed, stating: “We […]
CHiP Wins Against CalPERS.
Until it was determined he was not able to perform the tasks required of an officer, plaintiff was a police officer with the California Highway Patrol [CHP]. The officer was treated for wrist and arm pain and a back condition. In 2004, he applied for the position of public affairs officer [PAO], which meant he was […]
Potato, Potahto, Tomato, Tomahto. . . Let’s Call The Whole Organic Thing Off.
A class representative plaintiff brought an action against a grower for allegedly mislabeling products as organic. Based on a preemption analysis, the trial court granted defendant’s motion for judgment on the pleadings. The appellate court affirmed, holding the Organic Food Production Act of 1990 [OFPA; 7 U.S.C. § 6501] precludes private enforcement through state consumer lawsuits […]
Bribe Of Public Officials Claimed.
In a matter involving allegations of bribing members of a board of supervisors to obtain their approval of a litigation settlement, the California Supreme Court held: “Whether the offeror is guilty of aiding and abetting the receipt of the bribe depends on whether there is evidence that, in addition to the offer or payment of the […]
Bar Exam Scores A Matter Of Public Interest.
Plaintiffs requested the State Bar provide them access to information contained in its bar admissions database, including applicants’ bar exam scores, law school attended, grade point averages, LSAT scores, and race or ethnicity “in order to conduct research on racial and ethnic disparities in bar passage rates and law school grades.” The California Supreme Court held: […]
Double Recovery.
Plaintiff, a bus driver for the County, filed a motion in the superior court seeking to have her disability retirement effective date as the day after she last received regular compensation, not when her workers’ compensation temporary disability pay period expired. The trial court entered an order stating her disability retirement was effective “the day following […]
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