Publications
Publications
Public Law Update
On July 18, 2014, the Governor signed into law Assembly Bill 1963 (Atkins) (Chapter 146, Statutes of 2014). The bill was adopted as an urgency measure, and goes into immediate effect.
July 2014 Prison Break - Correctional Liability Update
Hot Topic: Treatmetn of Transgender Prisoners
Ninth Circuit Revives Lawsuit Challenging Single-Sex Policies in Jails
The Ninth Circuit (Finally) Holds That State Officials Cannot Be Sued For Monetary Damages Under RLUIPA
Brown v. Oregon Department of Corrections: Segregated Confinement Without "Periodic and Meaningful Review" Violates Due Process Rights
A Potential Tool For Dodging Inmate SLAPPS
Education Law Alert
June 2014 Prison Break - Correctional Liability Update
Newspaper Forces Disclosure of Peace Officers' Names
Prisoner Class Action Case Update
George v. Edholm: Ninth Circuit Probes into Officer Liability for Medical Rectal Exams
Q & A: Harassment Prevention Training and Special Districts
CSDA e-News
CSDA recently spoke with Burke partners Traci I. Park and Kelly A. Trainer about AB 1825 Harassment Prevention Training and special districts. This article provides answers to some of your most pressing questions.
May 2014 Prison Break - Correctional Liability Update
Wildfire Fallout: Evacuating Prisoners During a Natural Disaster
I Want My [M]TV: Court of Appeals Holds Writs are Improper to Recover Contraband
California's Frivolous Lawsuit of the Month
Peralta v. Dillard: The Ninth Circuit Confirms a New Defense for Claims of Deliberate Indifference to a Prisoner's Medical Needs
Contra Costa Times
April 2014 Prison Break - Correctional Liability Update
Provoking the Use of Force
Trends in Exhaustion of Administrative Remedies - The Ninth Circuit Scraps teh Unenumerated 12(b) Motion to Dismiss
Food for Thought: Dealing with Food Allergies in the Correctional Setting
Davis v. Walker - Indefinite Stay Denied Pending Inmate's Return to Competency
April 2014 Real Estate and Business Law Update
Commercial Property Buyer Cannot Hold Escrow Company Fully Liable After Short Delay in Closing Was Stretched Out For Over a Year by Bankruptcy, Preventing Buyer From Doing 1031 Exchange
Waste Disposal Service's Easement for Storage of Garbage Bins Limited to Its Historic Use
Director of Software Company May Sue Outside Directors of Public Company for Overstating Revenue and Inflating Stock Prices During Merger
Personal Injury Plaintiff Cannot Rely on California's Survival Statute to Sue Dissolved Delaware Corporation That Had Conducted Business in California
Education Law Alert
E-Records Sent From Private Devices and Accounts Are Not Public Records Under CPRA
Public Law Alert
March 2014 Prison Break - Correctional Liability Update
The Dangerous Dilution of Inmates' Required Alarm Response
Recent RLUIPA Developments
New Hepatitis C Treatments: A Costly Pill to Swallow
Thornton v. Brown - Parolee May Challenge GPS Monitoring Requirement and Residency Restriction as Parole Conditions
Public Law Update
Requiring Public School Uniforms May Infringe on Students' First Amendment Rights
Education Law Alert
Court of Appeal Affirms Limitations on Standing to Sue Public Agencies
Public Law Update
February 2014 Prison Break - Correctional Liability Update
Who Left the (Cell) Lights On? An Analysis of the Constitutionality of Constant Illumination
Faunce v. Cate - No Right to Privacy in Prison Physician's Treatment Room
Smoking Furloughs for "Weedman"
When Criminal and Civil Litigation Collide
Education Law Update
Pursuant to the recently-issued State Teachers' Retirement System (CalSTRS) circular, CalSTRS is providing employers with a one-time opportunity to correct instances where they did not file the Retirement System Election Form (ES372) that allows members moving from a position eligible for creditable service to a position ineligible for creditable service to remain in CalSTRS' Defined Benefit Program.
Practical Advice for Minimizing CEQA Liability in Your City
Western City Magazine
The California Environmental Quality Act (CEQA) is the primary state law that requires public agencies and their decision-makers to understand and evaluate the environmental consequences of their discretionary decisions before making them. Moreover, CEQA requires that public agencies not only consider but take action to mitigate or avoid significant adverse environmental impacts where feasible. In other words, CEQA is a powerful law that in its 44 years of existence has undoubtedly helped shape a greener, more sustainable California.
January 2014 Real Estate and Business Law Update
Notice of Inspection did not Breach Lease Provisions as Tenant's Counsel Instructed Landlord's Counsel not to Communicate Directly with Tenant
Motorcycle Manufacturer Unreasonably Withholds Sale of Dealership and Franchise to Another Dealer
Bank is Able to Recover on Loans Made to Developers' Entities Despite Claim that Developers Made "Sham Guaranties" that Violated Antideficiency Laws
Award of Damages for Interest on Late Invoice Payments Reversed as No Evidence that Merchants Agreed to Such Terms When Orders Were Placed Over Phone
A District Cannot Unilaterally Reduce Work Hours or Work Year without Negotiating the Reduction
Education Law Alert
January 2014 Prison Break - Correctional Liability Update
Reality Check: Comparing California Prison Conditions to Other Countries
Frivolous Inmate Lawsuits - Super Bowl Edition
Knapp v. Hogan: A New Way Prisoners Can Strike Out if They Violate Rule 8(a)
Blantz v. CDCR - Independent Contractor is Unable to Allege Constitutional Violations for Job Termination
December 2013 Real Estate and Business Law Update
Homeowner's Association Was Able to Exclude Homeowner's Attorney from Its Board Meetings Because Attorney Was Not Member of Association
Tenant May Sue Shopping Center for Providing It with Inaccurate Estimates of Its Pro Rated Expenses Prior to Entering Into Lease
New Company Formed by Former Non-Shareholder Secretary of Dissolved Debtor Company Is Able to Recover Attorney’s Fees From Creditor After Defeating Breach of Credit Contract Claim
Purchasers of Condominiums In Hard Rock Hotel Could Not Sue For Securities Violations Because Purchase Contract and Rental Management Agreement Were Not Offered As Package
Failing to Train Employees and Officials About Workplace Harassment Can Be Disastrous
Employment Law Update
Education Law Alert
December 2013 Prison Break - Correctional Liability Update
Media Coverage for Prisons and Jails
Party of One: Breaking Up Multi-Party Pro Se Inmate Cases
One Vegan Meal Fits All
Parthemore v. Col.: California Court of Appeals Holds that Exhaustion Requirement Applies to Independent Contractors
Education Law Update
Education Law Alert
Read about gift reporting requirements for District administrators and board members.
November 2013 Real Estate and Business Law Update
Neighbor Able to Adversely Possess Part of Religious Nonprofit's Land
Tenants Could Not Bring Class Action Against Landlord for Alleged Failure to Repair and Maintain Low-Income Apartment Building
Corporation's Appeals Filed While Its Corporate Powers Were Suspended for Failure to Pay Taxes Could Proceed Because the Powers Were Later Revived
Actual Proceeds from Sale of Surety's Residence in Italy Were Not Exempt from Attachment When Guaranty Only Excluded Residence from Guaranty
Education Law Update
November 2013 Prison Break - Correctional Liability Update
Breaking the Chain: Problems with the Chain(s) of Custody
The Country's Most Litigious Prisoner?
Shelving Prison Law Books for Digital Resources
Twelve Angry Men? A Primer on the Seventh Amendment Jury Requirements in Federal Court
Changes in California Law Affecting LWOP Sentences for Youth
2013 Employment Legislation Highlights
The 2013 legislative session produced a number of new employment laws in California. Read more about a few of these new legal obligations.
2013 Employment Legislation Highlights
The Authority, CJPIA
Inclusionary Housing Requirements Suffer Another Blow
The Northern News
Pacific Shores Properties, LLC v. City of Newport Beach: A Challenge for Group Home Ordinances
Public Law Update
Let's Be Clear: Using Plain Language
California Special District magazine, Volume 8, Issue 5, Sept.-Oct. 2013 Edition
California has laws such as the Public Records Act that promote government transparency through access to agency documents. Yet, surprisingly, there are no state laws that address what may be the most critical aspect of document transparency; namely, whether the reader can understand the writing.
Real Estate and Business Law Update
Landlord Cannot Increase Rent for Premises Used by Tenant as Residence and Workplace in Los Angeles Mixed-Use Building
Madoff Ponzi Scheem Investors' Lawsuit Against SEC for Negligenct Fails Because Action Arose from Discretionary Acts of Federal Officers
Board of Directors of Agricultural Cooperative Acted Outside Scope of Discretionary Authority When It Implemented Inequitable Quota System
October 2013 Prison Break - Correctional Liability Update
What if the Glove Doesn't Fit? An Analysis of Demonstrations in Court
"C" is for Cookie and Convict Too
Smile, You're on Candid Holding Cell Camera
Trends in Exhaustion of Administrative Remedies: When Simply Processing an Appeal is Held to Violate an Inmate's Civil Rights
Condoms Vetoed for State Prisoners
Court of Appeal Affirms Lawfulness of Various Charges to Students
October 2013 Education Law Alert
Court of Appeal Affirms Lawfulness of Various Charges to Students
Legal Matters: Volunteers...Too Good to be True?
The Authority, CJPIA
September 2013 Prison Break - Correctional Liability Update
Solitary: What's in a Word?
12 Steps to a First Amendment Claim for Atheist Parolee
Recent Elimination of the PLRA's Requirement to Show Physical Injury in Cases of Alleged Sexual Abuse
Torres c. CDCR: Why an Ankle Bracelet Does Not Make a Person a "Prisoner"
Blaisdell v. Frappiea - Service of Summons by Inmate is not "Protected Activity" for Purposes of First Amendment Retaliation Claim
Public Law Update
August 2013 Prison Break - Correctional Liability Update
Lemire v. CDCR: Custody Liability for Suicide Risk
Authorities Prevent Merger Between California’s Mexican Mafia Prison Gang And the Michoacan Drug Cartel
Woods v. Carey: Ninth Circuit Says No Attorney’s Fee Cap under the PLRA for Appeals
Shearin v. Brown – Class Certification Denied for Prisoners Who Were Allegedly Over-Detained