News & Information

Municipal Law Updates December 6, 2018

New Law Treats Microenterprise Home Kitchen Operations like Retail Food Establishments for Health and Sanitation Standards Enforcement

I. SUMMARY Effective January 1, 2019, Assembly Bill 626 (“AB 626”) expands the scope of retail food sanitation standards to include “microenterprise home kitchen operations.” Similarly, Assembly Bill 2178 (“AB 2178”) applies food sanitation standards to “limited service charitable feeding operations.” While cities have discretion to authorize or prohibit the permitting of microenterprise home kitchen…

READ FULL ARTICLE
Municipal Law Updates December 6, 2018

New Law Authorizes Affordable Housing Authorities to Construct Emergency Shelters, Supportive Housing & Transitional Housing

I. SUMMARY The passage of Assembly Bill (“AB 1598”) in 2017 authorized cities to create Affordable Housing Authorities. Funded by tax-increment financing, these Affordable Housing Authorities were given power to provide affordable housing and affordable workforce housing and are distinct from other housing authorities with broader purposes. Recently, the Governor signed into law Assembly Bill…

READ FULL ARTICLE
Client Alerts — Law Enforcement December 4, 2018

Vol. 33 No. 38 WITHOUT SUBSTANTIVE CHANGES, MERE RESTATEMENT OF STATE PROVISION IN SUBSEQUENT BALLOT MEASURE DOES NOT TERMINATE STATE OBLIGATION TO REIMBURSE COUNTIES FOR COSTS INCURRED IN COMPLIANCE WITH PROVISION

On August 16, 2018 in the case of County of San Diego v. Commn on State Mandates, 2018 Cal. LEXIS 8819 (Cal., Nov. 19, 2018), the California Supreme Court held that the restatement of statutory provisions in a ballot measure did not in itself allow the state to shift its related financial obligations to county…

READ FULL ARTICLE
Client Alerts — Law Enforcement November 2, 2018

Vol. 33 No. 37 A CRIMINAL INVESTIGATION IS NO LONGER PENDING — AND THE TOLLING PERIOD IN POBRA’S SECTION 3304(D)(2)(A) ENDS — WHEN A FINAL DETERMINATION IS MADE NOT TO PROSECUTE ALL OF THE PUBLIC SAFETY OFFICERS IMPLICATED IN THE MISCONDUCT AT ISSUE

In the case of Bacilio v. City of L.A., 2018 Cal. App. LEXIS 968 (2nd Dist. Oct. 25, 2018), the California Second District Court of Appeal affirmed a trial court’s judgment denying a Los Angeles Police Department officer’s petition for a writ seeking to vacate disciplinary findings against the officer. The officer argued that he…

READ FULL ARTICLE
Client Alerts — Law Enforcement October 29, 2018

Vol. 33 No. 36 PETITIONER ENTITLED TO RETURN OF SEIZED MARIJUANA PROPERTY UNDER CALIFORNIA LAW

On August 16, 2018 in the case of Smith v. Superior Court of San Francisco, 2018 Cal. App. LEXIS 931 (San Francisco County Superior Court – Appellate Division, Aug. 16, 2018), the Appellate Division of the San Francisco County Superior Court granted the petition for writ of mandate seeking return of a lawful amount of…

READ FULL ARTICLE
Client Alerts — Law Enforcement October 23, 2018

Vol. 33 No. 35 DUE TO THE PASSAGE OF PROPOSITION 57, ALL NONVIOLENT STATE PRISONERS, INCLUDING “THIRD STRIKE” OFFENDERS, ARE ELIGIBLE FOR PAROLE CONSIDERATION

On September 7, 2018 in In re Edwards, 26 Cal. App. 5th 1181 (2018), the California Second District Court of Appeal granted the petition for writ of habeas corpus filed by a state prison inmate serving an indeterminate life sentence pursuant to the “Three Strikes” law. In so doing, the Court held that the passage…

READ FULL ARTICLE
Municipal Law Updates October 18, 2018

New State Law Imposes Procedural Protections Against Water Utility Shutoffs

I. SUMMARY Intended to minimize the number of Californians who lose access to water service due to their inability to pay, Senate Bill 998 (“SB 998”) provides additional procedural protections before residential water service can be discontinued. These protections apply to water service provided by an “urban and community water system,” a “public water system,”…

READ FULL ARTICLE
Client Alerts — Law Enforcement October 4, 2018

Vol. 33 No. 34 POLICE OFFICER BODY CAMERA VIDEO AND AUDIO RECORDINGS OF “CRITICAL INCIDENTS” ARE DISCLOSABLE UNDER THE PUBLIC RECORDS ACT

On September 30, 2018 Governor Brown signed into law Assembly Bill 748 (“AB 748”) which added language to the Public Records Act that relates to police investigation records. Beginning July 1, 2019, video or audio recordings of “critical incidents” may only be withheld from the public for a period of longer than 45 days if…

READ FULL ARTICLE