California Municipal Law Blog

Judicial Council Limits Courts from Processing or Hearing Eviction Lawsuits

by on April 7, 2020

posted in Landlord-Tenant, Uncategorised,

As we  explained in a previous post, the Governor very recently issued an executive order that limited landlords’ abilities to evict tenants during the COVID-19 public-health emergency.  Yesterday, the Judicial Council—the agency with oversight of California courts—enacted several emergency rules affecting a wide variety of courtroom procedures.  One of these rules addresses “unlawful detainer,” or eviction, proceedings.  As many cities have enacted their own emergency eviction measures, and other cities are considering doing the same, this latest development is important to note.  ... Continue Reading

tags: COVID-19, Evictions, Unlawful Detainer,


by on March 17, 2020

posted in Uncategorised,

Cole Huber LLP finds itself in a unique situation because of the novel Coronavirus (“COVID-19”) public-health emergency.  As a business, our law firm—like all businesses statewide—has implemented the measures the Governor and public health authorities have directed to stop COVID-19’s spread. At the same time, because  of our work for local governments, we have taken important measures to ensure our public clients continue receiving responsive and effective legal services from us during this period of critical need.  ... Continue Reading

tags: Coronavirus, COVID-19, Shelter in Place, Social Distancing,

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

tags: Proposition 26, tourism marketing district,

The Feds’ New Lawsuit Against State “Sanctuary City” Laws: What’s At Issue

by on March 13, 2018

posted in Law Enforcement, Legislative Updates, Uncategorised,

On March 7, 2018, U.S. Attorney General Jeff Sessions announced a lawsuit challenging California’s “sanctuary” state laws.  This is only one in a series of actions that Attorney General Sessions’ has taken to curtail “sanctuary” efforts in the United States. While the term “sanctuary” city or state does not have a precise definition, it generally refers to a jurisdiction that limits its cooperation with federal immigration authorities.  The idea behind a “sanctuary” city or state is to reduce the fear of deportation among immigrants living in a jurisdiction illegally, ... Continue Reading

tags: AB 103, AB 450, Edward Byrne Memorial Justice Assistance Grant, Jeff Sessions, Sanctuary City, SB 54,

Governor Signs Law to Require Agency Reports Before Approving Changes to Executive Compensation or Benefits

by on August 23, 2016

posted in Legislative Updates, Meetings, Uncategorised,

On August 23, 2016, Governor Brown signed SB 1436 (Bates), which mandates that local agencies report out certain information before changing the compensation or benefits of their “executives.”  Under this new law, legislative bodies (e.g., city councils, boards of supervisors, or boards of directors) for agencies must “orally report a summary of a recommendation” for changes in salaries or benefits before voting for the changes.  The votes must then take place in the open session portions of their meetings. SB 1436 is part of an evolving trend toward requiring greater transparency concerning ... Continue Reading

tags: city of bell, closed session, executive compensation, open session, oral report, Public meetings, sb 1436,