California Municipal Law Blog
by Karen A. Feld on July 27, 2016
posted in
Legislative Updates,
Governor Brown signed SB 1255 on July 25, 2016 which becomes effective on January 1, 2017. The law overturns a controversial decision by the California Supreme Court in 2015 which re-set the date of separation in family law.
Traditionally, when a marriage dissolved, the parties moved out of the shared residence and into their own places. Over time, this began to change, particularly with the advent of the recession. People realized that if they could co-exist in the home, they could live more cheaply and more easily co-parent their children, even while considering the marriage to be dissolved. ... Continue Reading
tags:
California Supreme Court, Family Law, Governor Brown, Marriage of Davis, New Legislation, Separation,
by Derek P. Cole on July 25, 2016
posted in
Medical Marijuana, Proposition 215,
When cities tax medical marijuana dispensaries, does the requirement that dispensary operators pay the taxes violate the constitutional privilege against self-incrimination? No, says a California appellate court.
In City of San Jose v. Medimarts, Inc., the Sixth District Court of Appeal held that a corporate entity and its president could not invoke the Fifth Amendment privilege on the ground that paying the tax may subject them to criminal liability under federal law, which—at least on the books—criminalizes all transactions involving marijuana, even for medical purposes. The court’s decision ... Continue Reading
tags:
Collective Entity Doctrine, Fifth Amendment, Local Taxes, Medical Marijuana, Right Against Self-Incrimination,
by Karen A. Feld on July 4, 2016
posted in
Damages,
SLAPP stands for “strategic lawsuit against public participation” and is perfectly named. The whole point of the lawsuit is to intimidate people into submission. The goal is not necessarily to win the case; it is to make life so difficult and expensive that the defendant just gives up and goes away.
Many states, starting with California, have enacted protections against such lawsuits, recognizing that they infringe on someone’s freedom of speech and right to participate.
... Continue Reading
tags:
Defenses, Lawsuits, Motion to Strike, SLAPP,
by David G. Ritchie on March 31, 2016
posted in
Employment Law, Recent Court Decisions, Unions,
The Fourth District Court of Appeals issued two decisions yesterday that held that fact-finding under the Meyers-Milias-Brown Act (“MMBA”) applies to all impasses between exclusive representatives and MMBA public agencies such as cities, counties, and special districts. The results in these cases means that when impasse is reached in negotiations involving a city, county or special district with an exclusive representative employee organization, and that dispute involves subject matters within the scope of representation, the public agencies could be forced to engage in non-binding ... Continue Reading
tags:
AB 646, Fact-finding, MOUs, PERB,
by David G. Ritchie on March 29, 2016
posted in
Employment Law, Recent Court Decisions, U.S. Supreme Court, Unions,
Previously we wrote about Friedrichs v. California Teachers Association (a link to our previous article is here), a case involving whether public-sector union fair share arrangements are invalid because they violate individual first amendment rights.
Today, the Supreme court divided equally in deciding the case and issued a one-sentence decision affirming the Appellate Court decision and leaving earlier precedent, including the Abood case intact (as criticized as it has become.) The case was decided by an eight-member Court, which could have held the case over for re-argument after confirmation ... Continue Reading
tags:
Abood Case, California Teachers Association, Fair Share Arrangements, Friedrichs, Ninth Circuit, Union Shop,
