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Client Alerts

2017

Economic Development, Real Estate and Housing

  • The Legislature’s “Year Of Housing” Produces Broad Package of Bills to Stimulate Affordable Housing ConstructionSeptember 18, 2017A package of more than one dozen bills designed to help communities combat California's affordable housing crisis was approved by the California Legislature on September 15 and sent to the Governor for his signature.  These bills are the culmination of the Legislature's "Year of Housing" in which more than one hundred housing proposals were introduced and debated.  The Legislature took several ... read more
  • California’s Density Bonus Law: 2017 Updates and ClarificationsJune 15, 2017California's Density Bonus Law gives housing developers the right to build additional homes, and obtain other favorable local development requirements, in exchange for building much-needed affordable or senior housing.  In 2016 the California Legislature approved three bills to clarify the law and strengthen its encouragement of the development of affordable and senior housing.  The Legislature ... read more

First Amendment

  • Ninth Circuit is No Fan of Post-Game PrayerSeptember 5, 2017Last week, the Ninth Circuit issued its opinion in Kennedy v. Bremerton School District, affirming the district court's denial of a preliminary injunction for Joseph Kennedy, a high school football coach, who gained national attention when he was suspended for conducting public post-game prayers on the football field and asserted First Amendment retaliation.  In affirming, the Ninth ... read more
  • Ninth Circuit Addresses Unattended Collection Bins and Upholds Oakland’s Ordinance as Content NeutralMay 17, 2017In the recently decided Recycle for Change v. City of Oakland case, the Ninth Circuit addressed the issue of regulating unattended collection bins ("collection bins") and found the challenged Ordinance passed constitutional muster.  The Ninth Circuit's opinion provides a framework for First Amendment analysis regarding this new mode of solicitation in the wake of the Supreme Court's rigid ... read more
  • Ninth Circuit Reaffirms First Amendment Protection for Tattoo ParlorsApril 5, 2017On March 29, 2017, the Ninth Circuit reversed and remanded a trial court's decision that a plaintiff did not have standing to challenge the City of Long Beach's zoning ordinances relating to tattoo parlors, in Real v. City of Long Beach.  The City's zoning ordinances restricted tattoo parlors to certain areas of the City; required a 1000-foot buffer between tattoo parlors and bars, adult ... read more

Public Finance

  • California Supreme Court Paves the Way for Electorate’s Majority-Vote to Adopt Special TaxesAugust 31, 2017In a decision issued August 28, 2017, the California Supreme Court concluded that a local tax measure submitted to voters by initiative petition is not subject to the state constitutional requirement, added by Proposition 218, that general taxes be considered only at "a regularly scheduled general election for members of the legislative body."  The reasoning of the case, California Cannabis ... read more

Land Use

Environmental Law

Climate Change and Green Initiatives

Municipal and Special District Law

Public Contracts

  • New Law Subjects Public Agencies to Penalties Relating to Prevailing Wage ProjectsJuly 5, 2017On June 27th, Governor Brown signed into law SB 96 which, as a budget trailer bill, took effect immediately.  Almost hidden in the 50-plus page bill are amendments to the Labor Code that significantly impact every public agency regarding (1) the late filing of a special form entitled "PWC-100" and (2) the use of contractors or subcontractors not registered with the Department of Industrial ... read more

Labor and Employment

Workplace Investigations

California Public Records Act

Trial and Litigation

  • Court of Appeal Holds Anti-SLAPP Statute Protects Speech in the Context of Artistic CreationFebruary 16, 2017The Second District Court of Appeal last week affirmed a lower court's ruling granting actor and comedian Marlon Wayans' anti-SLAPP motion in a case involving alleged racial harassment on the set of his movie.  The decision extends the reach of California's anti-SLAPP statute to protect racially charged language made as part of the creative process even where the comments at issue are directed ... read more