News & Events
August 2, 2023
The Daily Journal has published an article from our Derek Cole regarding SB 1439, the new “pay to play” statute. As Derek writes, this new law is a groundbreaking change in local agency ethics law. A copy of his article can be found here.
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July 8, 2023
The 2023 edition of Northern California Superlawyers has been published. Our firm founders, Derek Cole and Scott Huber, have been selected as “superlawyers” in the are of state/local/municipal practice. Congratulations to both.
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May 19, 2023
Cole Huber LLP was proud to be a sponsor of this year’s City Attorney Conference for the League of California Cities. As always, the attorneys who attended left the conference with an abundance of information about new cases, legislation, and developments affecting our practice. We also enjoyed the opportunity to network with so many of our peers. Our Derek Cole also moderated a panel discussion presented by the City Attorneys’ Department’s Attorney Development and Succession Committee.
May 10, 2023
Derek Cole and Tyler Sherman of our office have submitted an “amicus,” or friend of the court, brief for the League of California Cities in a challenge by charter cities to California’s SB 9 legislation. This law requires cities to allow by right duplexes and lot splits on land zoned single-family residential. The amicus brief was submitted to the Los Angeles Superior Court, which is considering a challenge brought by Redondo Beach and other charter cities. See here for more information and a link to our brief.
May 4, 2023
Cole Huber LLP appreciated the opportunity to present a webinar this to members of the California Special Districts Association. Our Derek Cole, Sean DeBurgh, David Ritchie, and Ronald Scholar presented on a broad range of subjects, including board meetings, ethics, public records, finance, audits, and elections, among others.
April 23, 2023
On behalf of the International Municipal Lawyers Association, Derek Cole and Tyler Sherman of our office have submitted an “amicus,” or friend of the court, brief to the United States Supreme Court. The brief supports a petition for certiorari filed by Los Angeles County in LADPSS v. Ray, which asks our High Court to address a long-standing conflict in the federal appellate courts concerning the application of the “joint employer doctrine” in Fair Labor Standards Act cases.
February 8, 2023
Our Ronald Scholar appreciated the opportunity to deliver a presentation today to the Auburn Recreation and Park District. His presentation was on the Prevention of Sexual Harassment and Abusive Conduct in the Workplace.
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January 18, 2023
Attorney Czarmaine C. Majan writes an interesting article for the Los Angeles & San Francisco Daily Journal that discusses the new chapter added to Senate Bill 972 which legitimizes street vending under the California Retail Food Code. Read full article here.
November 21, 2022
An almost century old parking enforcement practice has recently been challenged as a search violating the Fourth Amendment. The practice in question: chalking tires. Partner Jeremiah Johnson writes for the Los Angeles & San Francisco Daily Journal and provides his analysis of the recent Ninth Circuit decision on this issue. Read full article here.
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October 22, 2022
In a recent article published in the Daily Journal, Catherine Nashed provides an update on what is new with the California Public Records Act. Read full article here.
March 22, 2022
In a recent article published in the Daily Journal, Partner Daniel S. Roberts discusses whether journalists may continue reporting in an area after an unlawful assembly has been declared, and the confusing reference to “closed areas.” Read full article here.
February 18, 2022
Excellent article authored by Steven Graham and published in the Daily Journal covering the recent Court of Appeal ruling on several water rate-related issues and the application of Proposition 218 to late charges, the Government Claims Act, and the statute of limitations appropriate for a claim of misuse of funds collected by water rates. Read full article here.
2021
October 27, 2021
Our Derek Cole appreciated the opportunity to speak today at the California Special Districts Associations annual Clerks’ Conference. He spoke about the latest development in the California Voting Rights Act and redistricting.
July 21, 2021
Derek Cole published an article in today’s Daily Journal. His article, “Finality burden lightened but intact, after U.S. Supreme Court takings decision,” addressed an interesting new High Court decision.
July 9, 2021
Congratulations to Northern California partners Scott Huber and Derek Cole, both of whom were recognized in the “State/Local/Municipal” category as “Superlawyers” in Northern California Superlawyers Magazine.
June 11, 2021
On behalf of the League of California Cities and California Special Districts Association, our Derek Cole has authored an amicus brief in an important case that will interpret the California Voting Rights Act.
March 26, 2021
Derek Cole had the pleasure today to present a comprehensive primer on the California Voting Rights Act for the California Special Districts Association.
2020
September 25, 2020
Does the First Amendment prevent preclude agencies from obtaining orders to prevent workplace harassment by members of the public? Our Nicole Roggeveen discusses a recent court case that dealt with this issue. Her article in the Daily Journal is linked here: Article
July 30, 2020
Sacramento Magazine has released its annual “Top Lawyers” list. Our Derek Cole was recognized as a top lawyer in the area of “State, Local, and Municipal” law.
July 24, 2020
The California Voting Rights Act is an important state statute that, to date, has not received much attention from the courts. That changed with a recent appellate decision, which our Derek Cole discusses in a Daily Journal column. Here is the article: CVRA Opinion
July 8, 2020
The legal doctrine of qualified immunity is very much in the news these days. What exactly is the doctrine and what is its future? These are questions our Sean DeBurgh explores in a recent article in the Daily Journal. A link to the article is here: Qualified Immunity
July 3, 2020
The annual Northern California Superlawyers List has been published and our Derek Cole has been recognized as a “Superlawyer” in the area of “State, Local, and Municipal” law.
May 27, 2020
Betsy Martyn authored an article in today’s edition of the Daily Journal. In her article, she explores the impact force majeure clauses are likely to have in contract litigation in the coming months. Here’s a link to her article: Article
May 20, 2020
Our Derek Cole participated in an online breakout session of the California Special Districts Association’s Legislative Days. He participated on a panel that provided updates about the current status of California Voting Rights Act litigation.
April 21, 2020
What are the lessons learned from an important Title IX investigation? Karen Feld cover this subject in a Daily Journal column. Here’s the article: Article
April 16, 2020
Can a special district board of directors remove one of its members? Our Derek Cole covers this subject in the March/April edition of California Special Districts Magazine.
February 28, 2020
A recent appellate case held that agencies must include backup in their agendas for closed sessions that involve threatened litigation. Our Steven Graham’s article about this case is here: Brown Act Article
February 4, 2020
Today, our Derek Cole submitted an amicus brief on behalf of the League of California Cities and California Special Districts Association in an important case that will interpret the California Voting Rights Act. The brief can be accessed here: Amicus Brief
2019
November 20, 2019
This morning, Derek Cole presented a webinar on public-agency ethics, sometimes known as “AB 1234 training,” for the California Special Districts Association
October 25, 2019
The California Supreme Court recently decided a case involving “Brady List” responsibilities. Our Dan Roberts discusses this case in the Daily Journal. Link here: Article
September 5, 2019
The California Supreme Court just decided a very important inverse condemnation case. Our Carolyn Frank discusses this case and its significance in her recent Daily Journal article. A copy of the article can be found here: Oroville Case
July 26, 2019
Our Derek Cole authored an article in the July 24, 2019 edition of the Daily Journal about a new Supreme Court decision, Knick v. Township of Scott, that will fundamentally change California land use litigation. A link to his article is here: Knick
May 24, 2019
Our Sean DeBurgh continues to give presentations regarding the California Voting Rights Act. Today, he gave his presentation, “Elections Law Compliance: The Rising Tide of CVRA Lawsuits,” at the annual conference of the California Association of Recreation and Park Districts.
May 22, 2019
We thank the Public Agency Risk Management Association for receiving Carolyn Frank’s presentation, “The Rising tide of ADA Website Accessibility Litigation,” at its annual conference.
May 12, 2019
Karen Feld and Jacob Madden have published an important update regarding changes in Title IX enforcement. Their article recently appeared in the Daily Journal. A link to their article is here: Title IX Article
May 6, 2019
The members of our Roseville team have a new address. After 12 years in our old building, our Northern California office is now located at 2281 Lava Ridge Court, Suite 300. We are enjoying our new location!
May 3, 2019
Derek Cole has submitted a “friend of the court,” or “amicus,” brief to the California Supreme Court for the California League of Cities and California State Association of Counties. The case on review will address the issue whether California’s 1986 tort reform measure, Proposition 51, eliminates joint-and-several liability when defendants are found to have acted intentionally. A link to the League/CSAC amicus brief is here.
May 2, 2019
The Daily Journal has published a new article from Attorney Sean DeBurgh entitled, “Public entities: beware the rise of web accessibility litigation.” Here’s a link to Sean’s article:Web Accessibility Litigation Article
March 8, 2019
In honor of Women’s History Month, Assemblymember James C. Ramos recognized our Karen Feld for her professional accomplishments and charity work. Recognition
February 13, 2019
Thank you to the California Special Districts Association for hosting today’s webinar, “Election Law Compliance: The Rising Tide of CVRA Lawsuits.” Our Derek Cole provided a summary of the process for converting from at-large voting systems to voting districts under the California Voting Rights Act. CSDA members should be able to access the webinar here.
February 11, 2019
Today, our Derek Cole submitted a letter on behalf of the League of California Cities and California State Association of Counties asking the State Supreme Court to accept review of City of Oakland v. Oakland Police and Fire Retirement System. This case added a new “financial burden” component to the “private attorney general” attorney-fee statute (Code of Civil Procedure section 1021.5). The League and CSAC believe the new emphasis on a litigant’s financial burden is inconsistent with existing case law and that review should be granted for that and other important grounds. A link to the amicus letter is here.
January 14, 2019
Attorney Nicole Roggeveen wrote an article for the January 11, 2019 edition of the Daily Journal. Her article, “Excessive force ruling was ‘erroneous and puzzling'”, is linked here: Excessive Force Ruling
2018
November 21, 2018
Jolena Grider writes about everything you’ve been dying to know about cemetery districts. The article was published in the November 19, 2018 edition of the Daily Journal. Here’s the link: Article_111918
October 25, 2018
Sean De Burgh published an article in the California Association of Recreation and Park District’s Communicator Newsletter regarding the California Voting Rights Act. View the article here: CARPD Article
October 15, 2018
Sean De Burgh and Derek Cole published a legal update for the California Special Districts Association regarding recent legislation affecting the California Voting Rights Act. CSDA members can access the article here.
September 25, 2018
Today, Attorney Sean De Burgh spoke along with Douglas Johnson of National Demographics Corporation at the 2018 CSDA Annual Conference and Exhibitor Showcase. Attorney De Burgh addressed special district leaders about what factors go into determining whether a district should transfer from at-large to district-based elections. The presentation also focused on recent legal developments that allow districts to take advantage a “safe harbor” process that helps districts avoid costly litigation
September 7, 2018
Steven Graham has written an article in the Daily Journal about how zoning can become insistent with an adopted general plan following voter approval of a referendum. His article is linked here: Referendum Article
August 30, 2018
The firm is excited to announce founding member, Dennis Cota’s, appointment as a Magistrate Judge to the United States District Court, Eastern District of California. Cota will be assigned to the Eastern District’s Redding courthouse effective September 4, 2018. With Cota’s move, the firm will now operate as Cole Huber LLP. Thanks to the Sacramento Business Journal for its article noting our firm name change.
August 30, 2018
Cole Huber LLP welcomes five new attorneys which reflect the firm’s thoughtful expansion plans. Jolena Grider, Nicole Roggeveen and Stephen Graham were previously part of the in-house legal team at the City of San Bernardino and will be working in the firm’s Ontario office. Former Bankruptcy Judge Meredith Jury joins the firm and will be working out of the firm’s Ontario office. Samuel Emerson joins the firm as a partner and will be working out of both the Ontario and Roseville offices. For more information, see our Press Release: Press Release Cole Huber LLP
August 25, 2018
Congratulations to firm co-founder Derek Cole for being recognized as a “Best of the Bar” honoree in the Sacramento Business Journal’s annual list. Here’s Derek’s recognition.
July 14, 2018
So-called “reverse” Public Records Act lawsuits can have significant consequences when the parties who file them do not prevail. So says our Derek Cole in his latest article in the Daily Journal. Here’s the article: Cota Cole (DJ-7-12-18)
July 6, 2018
Derek Cole and Sean De Burgh have authored an article in the latest edition of Special Districts Magazine about the California Voting Rights Act. The article is an excerpted version of a White Paper the two previously authored for the California Special Districts Association. View White Paper
May 25, 2018
Carolyn Frank and Sean De Burgh successfully defended the County of Madera in a case that alleged the use of excessive force outside a casino. After a multi-week trial, a federal jury rejected claims that Sheriff officers had violated the plaintiffs’ rights. This latest results continues our firm’s long, successful streak of defending against these types of claims. View Article
2017
December 6, 2017
The State very recently released its urgency regulations for the new cannabis industry. Our Derek Cole has written an article in the Daily Journal summarizing these regulations and explaining what they mean for local governments. View Article
September 7, 2017
Two of our attorneys have been recently recognized for their accomplishments. For the second year in a row, Carolyn Frank has been recognized in Superlawyers Magazine as a Rising Star. And Derek Cole has been recognized in Superlawyers Magazine and locally as a Top Lawyer in Sacramento Magazine. Congratulations to both!
September 2, 2017
What are the do’s and don’ts for presenting to local government bodies? Our Derek Cole shares his thoughts on this subject in his latest column in the Daily Journal. View Article
June 15, 2017
Today, our firm filed an amicus brief for the League of California Cities and California State Association of Counties in a case involving the requirement to post a security in California Public Records Act cases. Attorney Derek Cole authored this brief in Stevenson v. City of Sacramento, a case pending in the Third District Court of Appeals. View Brief
April 27, 2017
Attorney Karen Feld gave a presentation today at the Civil Law Symposium for the San Bernardino County Bar Association. Karen greatly appreciated the opportunity to speak to this group!
March 1, 2017
In a published decision, the First District Court of Appeal affirmed a county’s reliance on the “full text” requirement for initiatives to uphold keeping an initiative on the ballot. Our Derek Cole authored a brief in favor of the county’s position for the California State Association of Counties and League of California Cities.
January 27, 2017
Are public agency legal bills privileged? The California Supreme Court recently decided a case weighing in on this question. Our Derek Cole has written in article in the Daily Journal discussing what the Supreme Court decided and the issues its decision leaves for future resolution. View Article
January 27, 2017
Today, our firm filed an amicus brief in a case involving unattended donation bins. In this case, the plaintiff brought a facial challenge to the City’s ordinances governing such bins without first attempting to secure a permit. On behalf of the League of California Cities, attorney Derek Cole advocates that this lawsuit is not ripe under controlling federal precedent. View Brief
January 18, 2017
Today our firm proudly celebrated its Tenth Anniversary! The firm was founded on January 16, 2007. We appreciate all the clients – past and present – who have allowed us to enjoy this significant milestone.
January 4, 2017
How should special districts fill vacancies in their governing boards? Our Sean De Burgh has the answers in his article in latest edition of Special Districts magazine. View Article
May 10, 2017
Cota Cole & Huber LLP is proud to announce that it will again serve as Interim City Attorney for the City of Antioch. The firm previously served in this capacity from 2015 to 2016. The firm will again serve through June 2018 while the City conducts a search for a new in-house City Attorney. Our Derek Cole will serve as Interim City Attorney and Elizabeth Perez will serve as Interim Assistant City Attorney.
2016
July 28, 2016
What is the best way to go about obtaining public records from local government agencies? In a Daily Journal column, our Derek Cole offers six tips on how to make effective requests under the Public Records Act. View Article
2015
May 28, 2015
Today, attorney Derek Cole gave a presentation on “Section 224” of the Emergency Medical Services Act to the Emergency Medical Services Administrators Association of California. His presentation addressed the key components of this statute, including those related to the creation of “competitive” and “grandfathered” exclusive operating areas.