After admitting he smoked marijuana shortly before coming to school, a student was transferred to a continuation high school during his senior year. He sought a writ of administrative mandate in the superior court, which the court denied. On appeal, he contended Education Code section 48432.5 demands reasonable exhaustion of all other means of correction […]
Another Water Issue; This One Involving Eminent Domain.
The State of California seeks to build a tunnel to transport water from the north to the south. Before condemning the land needed for the project, it desires to study the environmental and geological suitability of hundreds of properties on which the tunnel may be constructed. The question in this case is whether or not […]
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, […]
Cost Of Subpoenaed Peace Officer — Attorney May Be Liable For Reimbursing Public Agency.
Government Code section 68097.2 provides that when a peace officer is subpoenaed, “the party at whose request the subpoena is issued” must reimburse the public entity. In Maddox v. City of Costa Mesa (Cal. App. Fourth Dist., Div. 3; March 24, 2011) 193 Cal.App.4th 1098, [122 Cal.Rptr.3d 629], the attorney signed the subpoena. When presented with a […]
No Attorney-Client Relationship Created In Agreement To Be Available On Future Legal Matters.
In Banning Ranch Conservancy v. Sup.Ct. (City of Newport Beach) (Cal. App. Fourth Dist., Div. 3; March 22, 2011) 193 Cal.App.4th 903, [123 Cal.Rptr.3d 348], a law firm previously represented city on an unrelated matter. It also entered into an agreement with the city to provide future legal services “as requested,” conditioned on the firm’s “ability to take on the […]
Tragic Circumstances: Mandatory Duty.
Plaintiff brought an action against the State Department of State Hospitals and its administrators for breach of mandatory duty. Plaintiff’s sister was raped and murdered by a man who was paroled from state prison four days earlier. Plaintiff’s claim is that the perpetrator is a sexually violent predator within the meaning of Welfare and Institutions Code section […]
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 […]
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 […]
For Injuries Caused By Diseased Tree On Public Property, No Liability Against County.
Plaintiff was in a county-owned paved parking lot along the Sacramento River when a cottonwood tree fell on him, resulting in injuries. He brought an action for dangerous condition of public property and the trial court granted summary judgment based upon Government Code section 831.2. The appellate court affirmed, stating, “we conclude that [plaintiff’s] injuries were […]
Developer Dilemma.
As a condition of a city giving approval for a developer to build 96 condominiums on a parcel of land, the city required the developer to set aside 10 condo units at below the market rate and make a substantial contribution to a city fund. The developer proceeded with construction but challenged the city’s requirements pursuant […]
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