Public Records Act Cannot Require Disclosure Of Public Agency’s Attorney Invoices For Open Cases; Supreme Court Waffles On Closed Cases

The Public Records Act (“PRA”) was passed to increase freedom of information by giving the public broad access to state and local agency records.  However, public agencies frequently hire attorneys to prosecute or defend actions on their behalf, leading to claims of attorney-client privilege when PRA requests are made.  The Supreme Court recently addressed the […]

Read full story

Larsen, Willis & Woodard Score Significant CEQA Win

Creating new law, Larsen, Willis & Woodard prevailed at the California Court of Appeal.  Finding that the City of Sacramento violated the law in approving a 336-unit residential project surrounded by a freeway and railroad tracks without adequate review under the California Environmental Quality Act (“CEQA”), the California Third District Court of Appeal reversed a […]

Read full story

Read The Fine Print, Or At Least The AAA Rules

As attorneys, or business owners for that matter, we all are intimately familiar with every aspect of the AAA’s arbitration rules, right?  Well, based on a recent Court of Appeal decision from our very own Fourth District, we better be.  In Brinkley v. Monterey Financial Services, Inc., 242 Cal.App.4th 314, the plaintiff brought a class action […]

Read full story

Court of Appeal Finds Developer Indemnity Clause Unconscionable Against Buyer Of Home In Affirming Trial Court’s Granting Of Anti-SLAPP Motion

In Lennar Homes of California, Inc. v. Stephens, 232 Cal.App.4th 673 (2014), after a federal class action was brought and dismissed (with the case up on appeal), Lennar brought a lawsuit in state court against several of the home buyers, seeking to enforce an indemnity clause in a home purchase contract, and recover their attorneys’ fees and […]

Read full story

Did the Court of Appeal Put A Crimp In Governor Brown’s Drought Plans?

Everyone knows California is in a long-term drought.  And many know that Governor Brown recently issued an executive order requiring Californians to reduce their water use, and water agencies are tackling the task of making that happen.  Many water suppliers either currently have, or are planning on implementing, tiered rates to deal with the water […]

Read full story

Court of Appeal Voids Arbitration Clause, Holds That Concepcion Does Not Apply

In Sabia v. Orange County Metro Realty, Inc., et al., the Court of Appeal continues to unpack the United States Supreme Court’s seminal decision in 2011 of AT&T Mobility LLC v. Concepcion, which held that class action waivers in consumer adhesion contracts were not unconscionable.  In this case, the Court of Appeal addresses Concepcion‘s impact […]

Read full story

Court of Appeal Affirms Requirement To Exhaust Administrative Remedies Before Filing A Claim Against A Local Government Entity

The recent case of Gong v. City of Rosemead is a warning for all attorneys venturing into the arena of the Government Tort Claims Act (the “Act”) without properly preparing.  The facts in Gong are pretty egregious.  The plaintiff alleged that she was duped by a city council member into applying for a development project […]

Read full story

Court Of Appeal Chooses Not To Keep Up With The Times In Refusing To Extend Public Records Act To Private Email And Text Accounts

The assault on the Public Records Act (“PRA”) has garnered a lot of attention recently.  A previous post on this blog highlighted the legislature’s attempt to make compliance with the PRA voluntary, rather than mandatory as it currently is.  The swift outcry led to a hasty, and wise, retreat and the bill died as it should have.  […]

Read full story

Oh Yes It’s Ladies Night And The Feeling’s Right? Well, Not So Much In California.

File this under no good deed goes unpunished.  Many businesses in California for years have promoted Ladies Night – a day or evening when the female patrons are treated as special guests, often receiving discounted admission, drinks, products, etc.  Unfortunately, this is illegal in California.  The Unruh Act (Civil Code § 51, et seq.) requires that […]

Read full story

Vance v. Ball State University: With Its Definition Of “Supervisor,” The U.S. Supreme Court Limits Employer Liability For Workplace Harassment

By defining a single word, the United States Supreme Court has potentially altered, in dramatic fashion, the landscape for employers facing harassment lawsuits in federal court brought pursuant Title VII.  With yesterday’s decision in Vance v. Ball State University (you can read the opinion here), the Court resolved the seemingly simple question of who constitutes […]

Read full story