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Client Alerts

2007

Labor and Employment

  • Case Clarifies PERS Regulations with Respect to Pay Deemed “Compensation Earnable”November 1, 2007 Prentice v. Board of Administration, PERS, Case No. D049252, 4th Dist., Dec. 7, 2007. Glenn Prentice was the General Manager of the City of Corona's newly created Department of Water and Power. He was paid 10.49% higher than the range listed in the City's salary plan for his position because he was responsible for developing the city's new electric utility. After he retired, the City ... read more
  • Non-Religious Commercial Activities Not Protected as “Religious Exercise” Under RLUIPAOctober 27, 2007 Scottish Rite Cathedral Assn. of Los Angeles v. City of Los Angeles (2007) 2007 WL 2973362. A recent appellate decision held that Federal Religious Land Use and Institutionalized Persons Act (RLUIPA) did not protect commercial activities conducted by the Scottish Rite Cathedral Association of Los Angeles (SRCALA) and its lessee, Los Angeles Scottish Rite Center, LLC ... read more
  • Supreme Court Grants Review of Spielbauer v. County of Santa ClaraMay 15, 2007 Court of Appeal (6th District) Case No. H029345, Supreme Court Case No. S150402. On May 9, 2007, the California Supreme Court granted review of Spielbauer v. County of Santa Clara, a decision that declined to follow previous cases holding that a public employer can require its employees to waive their Fifth Amendment right against self-incrimination in administrative investigations in ... read more
  • Individual Proposing Discipline Can Serve as the Skelly Hearing OfficerMarch 6, 2007Flippin v. Los Angeles City Board of Civil Service Commissioners. This case provides insight into who can serve as the hearing officer at a pre-disciplinary Skelly hearing. Kenneth Flippin ("Flippin") is a former truck driver for the Los Angeles Department of Water and Power ("DWP"). On April 11, 2003, a DWP dispatcher received a phone call from a customer complaining that a DWP ... read more

Environmental Law

Land Use

Economic Development, Real Estate and Housing

  • California Supreme Court Grants Review in Save Tara v. City of West HollywoodMay 18, 2007 On Wednesday, May 16th, the California Supreme Court granted a petition for review of an appellate decision that could have important implications for California public entities that rely on contingent agreements with developers as a vehicle to pave the way for future development and redevelopment activities. In Save Tara v. City of West Hollywood(2007) 147 Cal.App.4th ... read more

Climate Change and Green Initiatives

  • U.S. Supreme Court Rules EPA May Regulate Greenhouse Gas EmissionsApril 3, 2007 In a 5-4 decision in Massachusetts v. EPA, the United States Supreme Court ruled that the Environmental Protection Agency (EPA) has the authority to promulgate regulations of greenhouse gas emissions, including carbon dioxide from vehicles. The Court further held that EPA's failure to do so in response to a rulemaking petition from the State of Massachusetts, without providing ... read more