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California Municipal Law Blog
category:
Recent Court Decisions

Health and Safety Code Receivership Super-Priority Liens Upheld by Court of Appeal

by on March 2, 2019

posted in Code Enforcement, Recent Court Decisions,

In a published opinion filed on February 26, 2019, the California Court of Appeal for the Second District upheld the use of super-priority liens to fund rehabilitations of residential properties under Health and Safety Code section 17980.7. At issue in City of Sierra Madre v. SunTrust Mortgage, Inc. was whether the trial court abused its discretion when it authorized the receiver to borrow $250,000, secured by a super-priority lien, to fund the remediation of residential property.  ... Continue Reading

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tags: Health and Safety Code, Lien Priority, Liens, Receiverships,

Brown Act Committee Exception on Public Comment May Not Apply to Special Meetings

by on February 27, 2019

posted in Meetings, Recent Court Decisions,

“If you will it, it is no dream…” In an unpublished opinion filed on February 22, 2019, the California Court of Appeal for the Second District held that the City of Los Angeles violated the Brown Act when the Los Angeles City Council prevented a member of the public from commenting on real estate development at a special meeting. At issue was the application of the so-called “committee exception” to the requirement that members of the public be allowed to address the legislative body “before or during” its deliberations on an item of business.  ... Continue Reading

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tags: Brown Act, Committee Exception,

Court Rules Enforcement of “Anti-Camping” Ordinance is Unconstitutional When Homeless Persons Lack Shelter

by on September 24, 2018

posted in Code Enforcement, Recent Court Decisions,

“Anti-camping” and related “sit-lie” ordinances cannot be enforced against homeless persons who have no access to overnight shelter.  As the Ninth Circuit Court of Appeals held on September 4, enforcement under such circumstances effectively criminalizes the status of being homeless, violating the Eighth Amendment’s prohibition on cruel and unusual punishment.  The Court’s decision, in Martin v. City of Boise, will make it difficult for local agencies to enforce their “anti-camping” ordinances to the extent they did previously.  ... Continue Reading

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tags: Anti-camping ordinances, Homelessness, Martin v. City of Boise, Sit-lie ordinances,

California Supreme Court Rules in Favor of Police in a Pursuit Accident Case

by on August 15, 2018

posted in Law Enforcement, Recent Court Decisions,

The California Supreme Court issued a very favorable ruling in favor of police agencies on August 13, 2018. In an unanimous opinion, the Court ruled that a police department that requires ALL of the officers to certify that they have read and understood the vehicle-pursuit policy can claim immunity even if all its members failed to sign. Ramirez v. City of Gardena (2018) S244549.  ... Continue Reading

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tags: Ramirez v. City of Gardena, Vehicle Pursuit,

Proposition 26 Does Not Impose A Fundamental Right To Vote On Limited Purpose Assessments

by on July 8, 2018

posted in Propositions 13/26/218, Recent Court Decisions, Uncategorised,

The electorate does not have a fundamental right to vote on an assessment levied upon a specific group of taxpayers for a limited (non-general governmental) purpose, a California Appellate court found in Reid et al. v. City of San Diego et al.  In Reid, plaintiffs challenged a two percent assessment levied on lodging businesses operating in the City with 70 or more sleeping rooms by the City of San Diego Tourism Marketing District (TMD) to fund coordinated joint marketing and promotional activities for tourism development as violative of Proposition 26 and the Equal Protection Clause, among ... Continue Reading

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tags: Proposition 26, tourism marketing district,

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