It is now clear that the present drought requires that there be curtailment of the exercise of some existing water rights due to the lack of sufficient surface water. On January 17, 2014—the same day as the Governor’s Proclamation of a drought state of emergency—the State Water Resources Control Board issued a “Notice of Surface Water Shortage and Potential of Curtailment of Water Right Diversions.”
The California Department of Insurance (“CDI”) has issued a notification to insurers with 2013 written premiums of $100 million or more in California to complete and submit the CDI’s Governing Board Diversity Survey.
In Citizens for Environmental Responsibility v. State of California ex rel. 14th District Agricultural Association, et al. (3rd App. Dist., March 26, 2014), the appellate court affirmed the trial court’s decision to exempt a three-day rodeo from California Environmental Quality Act (“CEQA”) review under the Class 23 categorical exemption because the rodeo would be held on fairgrounds that operate similar types of events throughout the year.
Starting August 13, 2014, employers with 20 or more employees (regardless of location) will be prohibited from asking applicants for jobs in San Francisco certain questions about prior convictions.
Welcome to Abbott & Kindermann’s 2014 1st Quarter CEQA update. It has been a quiet first quarter. One decision, Lotus v. Department of Transportation includes an interesting analysis on the use of construction commitments as part of the project description or as mitigation measures.
On April 1, 2014, the State Water Resources Control Board unanimously adopted a new Industrial Storm Water permit (2014 Permit). You can find the new Industrial Storm Water permit and supporting documents here, along with a change sheet also adopted by the State Board.
The debate over local regulation of plastic bags has triggered three published appellate court decisions.
California Federal Judge Rejects Telephone Consumer Protection Act Class Certification Before Discovery
Discovery is expensive, and defense lawyers often are looking for ways to help clients achieve early dismissal of cases to avoid that expense. An encouraging trend is emerging of judges rejecting class allegations pre-discovery, and the latest example is Labou v. Cellco Partnership, 2014 WL 824225 (E.D. Cal. March 3, 2014).
We have written frequently in this blog about the great many wage-hour class actions filed against employers doing business in California. Those lawsuits often allege that a class of employees performed work off-the-clock, and that the employees are not only entitled to compensation for that time, but to a slew of penalties that often dwarf the amount of alleged damages.
It is important that employers across the country conduct proper investigations into workplace complaints. But these investigations are especially critical in California for a couple of reasons.