Cities have authority to enter into licenses of city-owned property. But in 1990, a charter city passed a measure which amended the city charter to place limits on the use of city-owned property: “No. . . structure costing more than $100,000 may be built on or in any park or beach or portion thereof . . […]
Captain’s Drawer Notes About Firefighter Are “For Personnel Purposes .”
The FireFighters Bill of Rights [FFBOR] found in Government Code section 3255 provides:“A firefighter shall not have any comment adverse to his or her interest entered in his or her personnel file, or any other file used for any personnel purposes by his or her employer, without the firefighter having first read and signed the instrument containing the adverse comment […]
No Facts In Opposition To Motion For Summary Judgment.
A police department solicited bid proposals for its official police towing and storage. A towing company who did not get the bid brought an action against the city and three city council members, claiming the city council members had a conflict of interest and should not have voted on the bid. The trial court granted summary […]
MORTGAGE DEBT RELIEF ACT – SET TO EXPIRE DECEMBER 31, 2013 !
There are 30 days to go until January 1, 2014 when forgiven debt from the disposition of a principal residence – exempted from income tax since the Mortgage Debt Relief Act of 2007 went into effect, will again become taxable. This is not the first time this law has had to be revised for an extended […]
California Highway Patrol Not A Special Employer Of Freeway Tow Truck Driver.
A tow truck driver who contracted with a county, part of the California Highway Patrol Freeway Service Patrol [FSP program], collided with a car, injuring the driver and her infant son. The CHP moved for summary judgment in the subsequent lawsuit on the ground it was not the tow truck driver’s special employer and therefore not […]
Equitable Tolling Available Under The Federal Tort Claims Act.
There is a conflict among the federal circuit courts whether the timing of suits against the United States government is jurisdictional or subject to equitable tolling. The Ninth Circuit joined with several other circuits in concluding 28 U.S.C. § 2401(b) is subject to equitable tolling under some circumstances. In the instant matter, the Ninth Circuit noted […]
Freedom Of Information Act Doesn’t Cover Everything.
Plaintiff is in the real estate business. After the U.S. Department of Housing and Urban Development [HUD] received complaints that plaintiff violated the law, plaintiff requested the names of the complainants under the Freedom of Information Act. HUD and the federal trial court invoked Exemption 6 of the Act, and redacted the names of the complainants […]
Public/Private Agreements & Attorney Fees.
Plaintiff is a health care district is a public agency established in 1948 pursuant to the Health and Safety Code. Defendants include one of the hospitals that was operated by the district prior to 1998 as well as a nonprofit corporation formed to operate the hospital for the district. In 2004, when defendant hospital faced closure […]
Child Abuse: Spare The Rod And Spoil The Child?
The mother of a 12-year-old girl was reported for child abuse after she spanked her daughter, using a wooden spoon with enough force to produce visible bruises. Social Services “substantiated” the report and submitted it to the Department of Justice for inclusion in the Child Abuse Central Index [CACI] under the Child Abuse and Neglect Reporting […]
No More City Of Bell Wringing.
A former City Of Bell manager was prosecuted by the Attorney General and sued civilly for wasting City Of Bell funds. When requested by the former manager, the City Of Bell declined to provide the man with a defense. The former city manager brought an action against the City Of Bell for declaratory relief asking the court for a declaration […]
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