Publications

Publications

Publications

April 2014

April 2014 Prison Break - Correctional Liability Update

Susan E. Coleman, Mitchell A. Wrosch, Kristina Doan Gruenberg, Martin Kosla

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

April 2014 Real Estate and Business Law Update

Martin Kosla

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

March 2014

March 2014 Prison Break - Correctional Liability Update

Susan E. Coleman, Mitchell A. Wrosch, Kristina Doan Gruenberg, Martin Kosla

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

February 2014

February 2014 Prison Break - Correctional Liability Update

Susan E. Coleman, Martin Kosla, Mitchell A. Wrosch, Kristina Doan Gruenberg

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

February 2014

Reminder: May 23, 2014 Deadline for CalSTRS One-Time Election Remedy for Creditable Service Elections

Education Law Update

Jaime L. Bodiford

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.

February 2014

Practical Advice for Minimizing CEQA Liability in Your City

Western City Magazine

Stephen E. Velyvis

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

January 2014 Real Estate and Business Law Update

Martin Kosla

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

January 2014

January 2014 Prison Break - Correctional Liability Update

Susan E. Coleman, Kristina Doan Gruenberg, Ulysses Aguayo, Martin Kosla

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

December 2013 Real Estate and Business Law Update

Martin Kosla

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

December 2013

December 2013 Prison Break - Correctional Liability Update

Susan E. Coleman, Kristina Doan Gruenberg, Mitchell A. Wrosch, Ulysses Aguayo

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

December 2013

2013 Gift Reporting Summary

Education Law Alert

John R. Yeh

Read about gift reporting requirements for District administrators and board members.

November 2013

November 2013 Real Estate and Business Law Update

Martin Kosla

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

November 2013

November 2013 Prison Break - Correctional Liability Update

Susan E. Coleman, Martin Kosla, Kristina Doan Gruenberg, Mitchell A. Wrosch, Ulysses Aguayo

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

November 2013

2013 Employment Legislation Highlights

Kelly A. Trainer, Traci I. Park

The 2013 legislative session produced a number of new employment laws in California.  Read more about a few of these new legal obligations.

November 2013

2013 Employment Legislation Highlights

The Authority, CJPIA

Kelly A. Trainer

November 2013

Inclusionary Housing Requirements Suffer Another Blow

The Northern News

Megan A. Burke

October 2013

Let's Be Clear: Using Plain Language

California Special District magazine, Volume 8, Issue 5, Sept.-Oct. 2013 Edition

Donald M. Davis

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.

October 2013

Real Estate and Business Law Update

Martin Kosla

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

October 2013 Prison Break - Correctional Liability Update

Susan E. Coleman, Martin Kosla, Kristina Doan Gruenberg, Mitchell A. Wrosch, Ulysses Aguayo

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

October 2013

Court of Appeal Affirms Lawfulness of Various Charges to Students

October 2013 Education Law Alert

Richard R. Terzian

Court of Appeal Affirms Lawfulness of Various Charges to Students

October 2013

Legal Matters: Volunteers...Too Good to be True?

The Authority, CJPIA

Kelly A. Trainer

September 2013

September 2013 Prison Break - Correctional Liability Update

Susan E. Coleman, Kristina Doan Gruenberg, Mitchell A. Wrosch, Ulysses Aguayo, Martin Kosla

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

August 2013

August 2013 Prison Break - Correctional Liability Update

Susan E. Coleman, Mitchell A. Wrosch, Kristina Doan Gruenberg, Martin Kosla

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

July 2013

July 2013 Prison Break - Correctional Liability Update

Susan E. Coleman, Kristina Doan Gruenberg, Will Adams

Recurrent Issues on the Prison Radar
May the Force Be With You:  Justifying the Use of Force in Prison Without a Threat to Safety
Coming Out of the Cell: An analysis of Gay Marriage in Prisons
Another Day in the War Zone

June 2013

June 2013 Prison Break - Correctional Liability Update

Susan E. Coleman, Mitchell A. Wrosch, Kristina Doan Gruenberg, Ulysses Aguayo, Martin Kosla

Putting the V in "Vato": Further Developments in Gang Validation Cases
In re Martinez: Judicial Approval of Erotic Werewolf Fiction for Inmates
Innocence is Bliss…and Now is Grounds for a Habeas Extension Too
In re Boyette: A Supreme Court Decision by Way of Hollywood?
Engebreston v. Mahoney – Absolute Immunity for Enforcing Facially Valid Court Orders

June 2013

Ask the Expert Column

CSDA Magazine

Alexandra M. Barnhill

June 2013

When CEQA and Initiatives Collide, Planners Need to be Prepared

NorCalAPA

Alexandra M. Barnhill

May 2013

May 2013 Prison Break - Correctional Liability Update

Ulysses Aguayo, Susan E. Coleman, Martin Kosla, Mitchell A. Wrosch

Housing Gang Members Together:  Can't a Blood and a Crip Just Get Along?
Show Me the Money!  And Don't Forget the Receipts
A Scorching Consequence of Realignment Legislation
To Cut Inmate Dreadlocks or Not to Cut Them?  This is the Question Decided Recently by the Seventh Circuit
 

April 2013

April 2013 Prison Break - Correctional Liability Update

Susan E. Coleman, Kristina Doan Gruenberg, Mitchell A. Wrosch, Ulysses Aguayo

In the Line of Duty?  Analysis of an Agency's Liability for its Officers
Locked Down in Labor
Searching for a Tax Refund this Tax Season?  Look No Further than Your Local Prison
Packing Heat:  Understanding the Law Enforcement Officers' Safety Act