California Municipal Law Blog
tag:
California Supreme Court
by Derek P. Cole on June 20, 2024
posted in
Elections, Initiatives,
Cities, counties, and special districts can breathe a sigh of relief. Today, the California Supreme Court ordered the “Taxpayer Protection and Government Accountability Act,” or “TPA,” be left off the November ballot. The Court’s decision was unanimous.
The legal issue decided was a technical—though important—one. The Court determined the TPA was a “revision” rather than “amendment” to the State Constitution. This determination, the Court reasoned, required the extraordinary relief of keeping the TPA off the ballot.
Amendment or Revision?
Constitutional ... Continue Reading
tags:
California Supreme Court, Consitutional Convention, Initiative, November 2024 Election, Taxpayer Protection Act, TPA,
by Derek P. Cole on March 2, 2017
posted in
Public Records Act, Recent Court Decisions,
The California Supreme Court has issued its long-awaited decision on whether public employee emails or text messages, sent and stored on the employees’ personal accounts, are public records. A unanimous Court held that such emails and text messages are disclosable records under the California Public Records Act. (City of San Jose v. Superior Court, decided March 2, 2017)
... Continue Reading
tags:
California Public Records Act, California Supreme Court, Private Emails, Text Messages,
by Derek P. Cole on February 1, 2017
posted in
Public Records Act, Recent Court Decisions,
On January 27, 2017, the Daily Journal published our article on the California Supreme Court’s recent decision regarding public agency legal bills, and whether they are privileged. The full article can be accessed at this link: Daily Journal Article January 27
... Continue Reading
tags:
Attorney-Client Privilege, California Supreme Court, Law Firm Billing Invoices, Public Records Requests,
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 August 10, 2015
posted in
Public Records Act, Recent Court Decisions,
When an agency mistakenly releases privileged documents in response to a Public Records Act (“PRA”) request, it does not waive the privilege it possesses in those documents. So ruled the San Francisco-Based First District Court of Appeal on July 31, 2015 in Newark Unified School District v. Superior Court. The court’s ruling contradicts the December 2014 holding of the Los-Angeles Based Second District Court of Appeal in Ardon v. City of Los Angeles. That court held that once privileged documents are released, agencies effectively waive any privilege attached to them, and cannot demand ... Continue Reading
tags:
Ardon v. Los Angeles, Attorney-Client Privilege, California Supreme Court, Mistaken Disclosure, Newark Unified School District, Public Records Act,
