“One of the wealthiest cities in the United States” passed an ordinance “which prohibits new group homes in most residential areas, requires existing group homes in those areas to submit to a burdensome permit process, and subjects those seeking to establish group homes in the limited areas in which they are permitted to operate to the […]
Poof…Dream Home Gone.
A couple purchased a 1.24 lot near a state highway in 1982. Nearing retirement in 2002, they began seriously planning to build on the lot. Meanwhile, back at the Department of Transportation [DOT], an improvement project was on the drawing board. By 2004, the couple moved into their new home, and in 2005, they learned an […]
It’s Not That Easy To Avoid Rent Control.
A municipality denied application to convert a mobilehome park from rentals to ownership, and the applicant sought extraordinary relief in the superior court. The trial court ruled in favor of the applicant, finding the municipality had no power to deny the application on the grounds it was inconsistent with policies embodied in the local coastal program […]
On Dangerous Condition Of Public Property Claim County Granted Summary Judgment.
A husband and wife were injured in an auto accident and brought an action against another motorist as well as the county for dangerous condition of public property. The complaint alleged the other driver was unable to see the plaintiffs as they pulled out from one road onto another. The county moved for summary judgment based […]
False Imprisonment Action Against Counties To Proceed.
The allegations are that a man was stopped by police for driving while talking on a cellphone. He handed over his driver’s license, which showed his name as Freddy Pantoja Rodriguez, his registration, and his proof of insurance. After the two officers held a discussion, appellant was told to step out of his car, and […]
Geographic Information System (GIS)-Formatted Databases Are Public Records & Must Be Produced Upon Request At The Actual Cost Of Duplication.
The California Supreme Court’s opinion’s first paragraph speaks for itself: “Like many counties in California, Orange County (the County) maintains a large database of information about land parcels in a geographic information system (GIS) file format. With this database, called the OC Landbase, a user with appropriate software can create a layered digital map containing information […]
Public Utilities Commission ( PUC ) Denies Partnership An Offset For Income Tax Purposes.
A company formed as a partnership which operates oil pipelines challenged ratesetting orders of the Public Utilities Commission [PUC]. The PUC decided the company is not entitled to an offset for income tax purposes. The company argued the PUC erroneously denied it a federal income tax allowance because it is a limited partnership instead of a […]
California Coastal Commission Turf And Surf Battle.
A development includes 125 luxury homes on an oceanfront slope situated between a newly created public park at the top of the slope and a newly dedicated public beach at the bottom, with public access trails running through the residential portion. As the project neared completion, the city adopted an ordinance limiting hours of operation for […]
Plaintiff’s Fourth Appeal Relative To The Placement Of Light Poles.
Plaintiff was injured when the car in which she was riding collided with another car in an intersection and then hit a light pole, erected 18 inches from the curb, and owned by a utility company. In the first two appeals, the appellate court affirmed summary judgment in favor of a county and a city. In […]
You’ve Got Termination E-Mail.
A probationary school nurse was notified of her termination by e-mail. Pursuant to Education Code section 44929.21, subdivision (b), the governing board of a school district must notify a probationary teacher on or before March 15 of the teacher’s second complete consecutive school year of employment of the decision to reelect or not reelect the teacher […]