It takes an unusual set of circumstances for a California appellate court to find a regulatory taking based on denial of a discretionary land use entitlement. But those circumstances existed in a recent case in which the court not only found a taking, but upheld an award of attorney’s fees to the developer for both the inverse condemnation and related civil rights claims.
One of the challenges facing employers in complying with healthcare reform is reconciling federal requirements with the requirements of California law.
In Poet, LLC et al. v. California Air Resources Board et al., the Fifth Appellate District held the Air Resources Board (“ARB”) violated CEQA and the APA with its approval of the Low Carbon Fuel Standards (“LCFS”) regulations, and ordered the lower court to issue a peremptory writ of mandate, requiring ARB to take certain CEQA-related actions in any re-approval of the regulations. In doing so, however, the Court concluded that the LCFS regulations could remain in effect while ARB took the actions necessary to
California recently enacted legislation that eliminates coverage for certain healthcare services in under-served rural areas to help curb the State’s budgetary woes.
Dorothy Gale famously remarked upon finding herself in Oz “Toto, I’ve got a feeling we’re not in Kansas anymore.”
California Appellate Court Issues Significant Opinion Regarding CEQA Administrative Records and the Common Interest Doctrine
In Citizens for Ceres v. The Superior Court of Stanislaus County, City of Ceres, et al., (filed and published in part by the Fifth Appellate District on July 8, 2013), the petitioner in a CEQA lawsuit sought relief from the appellate court ordering the trial court to require production of thousands of pages of documents that the City refused to add to the administrative record.
I Have to Let My Employee Take Off of Work for What?! a Brief Reminder of California Small Necessities Leave Laws
We all know California is a pretty employee-friendly state. Employers are regularly and rightfully bewildered when it comes to knowing the ins-and-outs of California’s laws, especially when it comes to some of the more obscure requirements allowing them to miss work.
When California changed its law to require Attorney General (AG) notification in the event of a data breach, Attorney General Kamala D. Harris’ office began analyzing the data it was receiving.