California Municipal Law Blog
category:
Recent Court Decisions
by Jolena Grider on September 19, 2019
posted in
Employment Law, Recent Court Decisions,
On September 18, 2019, Governor Newsom signed AB 5 which codifies the Independent Contractor/Employee test in the Dynamex Operations West, Inc. v. Superior Court of Los Angeles (2018) 4 Cal.5th 903.
AB 5 adds Section 2750.3 to the Labor Code which provides that a person providing labor or services for remuneration shall be considered an employee rather than an independent contractor unless the hiring entity can satisfy the ABC test.
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tags:
AB 5, ABC Test, Dynamex Case, Independent Contractors,
by Jake Madden on June 26, 2019
posted in
Recent Court Decisions, U.S. Supreme Court,
On June 21, 2019, the Supreme Court paved the way for property owners to sue local, county, and state governments in federal court.
In a 5-4 decision in Knick v. Township of Scott, Pennsylvania, 588 U.S. ___ (2019) the United States Supreme Court overruled the precedent set by Williamson County Regional Planning Commission v. Hamilton Bank of Johnson City, 473 U.S. 172 (1985).
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tags:
Inverse Condemnation, Knick v. Township of Scott, Takings Clause, United States Supreme Court,
by Samuel Emerson 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.
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tags:
Health and Safety Code, Lien Priority, Liens, Receiverships,
by Steven Graham 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In an unpublished opinion filed on February 22, 2019, the California Court of Appeal for the Second District held that the City of Los Angeles violated the Brown Act when the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.
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tags:
Brown Act, Committee Exception,
by Derek P. Cole 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.
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tags:
Anti-camping ordinances, Homelessness, Martin v. City of Boise, Sit-lie ordinances,