In People ex rel. Bonta v. County of Lake (2024) 105 Cal.App.5th 1222, the First District Court of Appeal held that the Final EIR (“FEIR”) and associated errata for a proposed mixed-use development project, located in a rural…
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/ Environmental Law, Zoning, Planning & Land Use
Under universally accepted law, across every jurisdiction, lawyers owe vital and concrete duties to their clients. The duty of confidentiality. The duty of loyalty. The duty to disclose. And, greatest of all, the duty to…
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/ Civil Procedure, Wills, Trusts, & Estate Planning
In Yolo Land and Water Defense v. the County of Yolo (2024 105 Cal.App.5th 710, the Third District Court of Appeal upheld the County’s EIR for a sand and gravel mine, known as the Teichert Shifler Mining and Reclamation Project…
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/ Administrative Law, Environmental Law, Zoning, Planning & Land Use
In Save Our Capitol! v. Dept. of Gen Servs. (2024) 105 Cal.App.5th 828—the third appeal challenging renovations and additions to the State Capitol (Project) under CEQA—the Third District Court of Appeal rejected petitioner’s…
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/ Administrative Law, Constitutional Law, Environmental Law
If you don’t recall, NAFSMA is the National Association of Flood and Stormwater Management Agencies, and I am attending NAFSMA’s 46th annual conference in Colorado Springs, Colorado…
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/ Environmental Law, Insurance, Real Estate - Residential
It’s “what?” you might ask. NAFSMA, the National Association of Flood and Stormwater Management Agencies, was formed 46 years ago as a place where public agencies in the flood and stormwater space could come together, learn from…
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/ Administrative Law, Environmental Law, Insurance, Real Estate - Residential
In Relevant Grp., LLC v. Nourmand (9th Cir. Sep. 5, 2024, No. 23-55574) 2024 U.S. App. LEXIS 22559, the Ninth Circuit Court of Appeals narrowed the applicability of Racketeer Influenced and Corrupt Organizations Act (“RICO”) in…
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/ Business Torts, Civil Procedure, Environmental Law, Real Estate - Commercial, Zoning, Planning & Land Use
The California Courts of Appeal are typically pretty stingy with their published opinions – only about 10% of Court of Appeal decisions are published in the Official Reports. And per Rule 8.1105 of the California Rules of…
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/ Civil Procedure, Professional Malpractice, Wills, Trusts, & Estate Planning
In Meinhardt v. City of Sunnyvale (2024) 16 Cal.5th 643 (“Meinhardt”), the California Supreme Court resolved a split in authorities over a procedural matter that will give CEQA litigants some certainty about when an appeal must…
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/ Administrative Law, Civil Procedure, Environmental Law
Newcomers to probate litigation are frequently surprised by how differently things work in probate court, as opposed to your more straightforward civil courts. (And how do those newcomers know how civil courts work? Law &…
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/ Civil Procedure, Civil Remedies, Wills, Trusts, & Estate Planning
On August 12, 2024, the California Public Utilities Commission issued a proposed decision setting average and maximum targets and timelines for the large electric investor-owned utilities to connect new customers or upgrade…
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/ Energy & Utilities, Environmental Law
The second 20-Year Transmission Outlook (2024 Outlook), a planning exercise issued by the California Independent System Operator (CAISO) on July 31, identifies the transmission upgrades and additions needed to connect a…
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/ Energy & Utilities, Environmental Law
The California Supreme Court, on June 6, 2024, reversed the First District Court of Appeal’s decision regarding UC Berkeley’s Long Range Development Plan (LRDP) EIR. The Supreme Court’s unanimous decision clears the way for UC…
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/ Education Law, Environmental Law, Real Estate - Residential, Zoning, Planning & Land Use
Regular readers of this blog have already noted my particular enthusiasm for creativity in legal arguments. I am not a judge (Hi Judge Galvin!), but if I were, I would be sorely tempted to pattern my unique brand of judicating…
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/ Commercial Law & Contracts, Wills, Trusts, & Estate Planning
Last week, Governor Newsom signed Assembly Bill (AB) 2288 and Senate Bill (SB) 92, which amended California’s Private Attorneys General Act (PAGA). Since 2004, PAGA has created challenges for California employers because it…
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/ Civil Procedure, Labor & Employment Law
