Justia California Court of Appeals Opinion SummariesArticles Posted in Government & Administrative Law
County of Kern v. Alta Sierra Holistic etc.
At issue in this appeal was how long a board of supervisors must wait before reenacting the essential feature of the protested ordinance. The Court of Appeal interpreted Elections Code section 9145 to mean a board of supervisors may reenact the essential feature of the repealed ordinance after there has been a material change in circumstances. The court held that a change in circumstances is material if an objectively reasonable person would consider the new circumstances significant or important in making a decision about the subject matter of the ordinance. Applying this statutory interpretation in this case, the court held that the Board did not violate section 9145 when it enacted the May 2016 moratorium on new marijuana dispensaries or subsequently banned dispensaries, and thus the ordinance banning dispensaries is enforceable. Accordingly, the court reversed the permanent injunction portion of the judgment. View "County of Kern v. Alta Sierra Holistic etc." on Justia Law
People v. Kareem A.
DSH appealed from orders imposing sanctions under Code of Civil Procedure section 177.5, in the amount of $1,500 per each "incompetent to stand trial" (IST) defendant that DSH failed to admit within 60 days of the commitment order. The Court of Appeal affirmed the orders, holding that the trial court was permitted to sanction DHS, because DHS was a "person" subject to section 177.5 and the ability to sanction DSH here is consistent with section 177.5's purpose to compensate public agencies for the cost of unnecessary hearings. In this case, the trial court was entitled to punish the repeated violation of orders designed to ensure compliance with IST defendants' constitutional and statutory rights. Furthermore, the sanctions had a compensatory purpose. The court also held that the trial court did not abuse its discretion in issuing the underlying commitment orders, or in finding DSH did not have good cause or substantial justification for its violations of those orders. View "People v. Kareem A." on Justia Law
Posted in: Government & Administrative Law
Lincoln Unified School Dist. v. Superior Court
This proceeding stemmed from a minor’s collapse during football try-outs at Lincoln High School in Stockton in 2017. Respondent Shynelle Jones presented a timely claim on behalf of her son, Jayden, to the Lincoln Unified School District under the Government Claims Act. About four months later, Jones submitted an application to the school district for leave to present a late claim on her own behalf based on her allegedly newfound realization of the severity of her son’s injuries, their impact on her own life, and her right to file her own claim. She declared that up until that point she had been able to attend to her own interests. After the application was denied, Jones filed a petition for relief from the claim presentation requirement in the superior court based on the same facts. At the hearing on her petition, her counsel, Kenneth Meleyco, presented a new explanation for the delay in submitting Jones’s claim: the day after Jones presented a claim on her son’s behalf, she retained Meleyco on her own behalf, and an error in the handling of Meleyco’s dictated memo within his office prevented the earlier preparation of Jones’s claim. The superior court granted Jones’s petition, despite noting “legitimate concerns regarding [her] credibility” because it “determined based on the directives provided in case law, to provide relief from technical rules, that [Jones] has met her burden of proof to demonstrate that her neglect was excusable.” The Court of Appeal found this ruling was an abuse of the trial court’s discretion. "[T]he general policy favoring trial on the merits cannot justify the approval of a petition that is not credible and that does not demonstrate a right to relief by a preponderance of the evidence." The Court issued a writ of mandate compelling the superior court to vacate its order and enter a new order denying Jones relief from the claim presentation requirement. View "Lincoln Unified School Dist. v. Superior Court" on Justia Law
Environmental Council of Sacramento v. County of Sacramento
Defendants County of Sacramento and the County Board of Supervisors (the County) approved Cordova Hills, a large master planned community comprised of residential and commercial uses and including a university (the Project). Plaintiffs Environmental Council of Sacramento and the Sierra Club (Environmental Council) filed a petition for writ of mandate challenging the Project, which the trial court denied. Environmental Council appealed, contending the Environmental Impact Report (EIR) contained a legally inadequate project description, an inadequate environmental impact analysis, failed to analyze impacts to land use, and the County failed to adopt feasible mitigation measures. Central to the Environmental Council’s appeal was the contention that the university was not likely to be built, and since the EIR assumed the buildout of a university, it was deficient in failing to analyze the Project without a university. We shall affirm the judgment. The Court of Appeal agreed with the trial court’s assessment, that the County, in drafting the EIR, was required to assume all phases of the Project, including the university, would be built. The Court affirmed the trial court in all respects. View "Environmental Council of Sacramento v. County of Sacramento" on Justia Law
King and Gardiner Farms, LLC v. County of Kern
Plaintiffs filed suit challenging the Board's approval of an ordinance to streamline the permitting process for new oil and gas wells and certification of an environmental report (EIR) as compliant with the California Environmental Quality Act (CEQA). The trial court found that the EIR inadequately analyzed the project's environmental impacts to rangeland and from a road paving mitigation measure, and rejected the other CEQA claims. In the published portion of the opinion, the Court of Appeal addressed CEQA violations involving water, agricultural land, and noise. In regard to water supplies, the court held that the mitigation measures for the project's significant impacts to water supplies inappropriately deferred formulation of the measures or delayed the actual implementation of the measures. Furthermore, the EIR's disclosures about the mitigation measures were inadequate and thus the adoption of a statement of overriding considerations did not render harmless these failures to comply with CEQA. The court also held that the project's conversion of agricultural land would be mitigated to a less than significant level is not supported by substantial evidence. Finally, in regard to the project's noise impacts, the court held that the EIR did not include an analysis, supported by substantial evidence, explaining why the magnitude of an increase in ambient noise need not be addressed to determine the significance of the project's noise impact. View "King and Gardiner Farms, LLC v. County of Kern" on Justia Law
Citizens for South Bay Coastal Access v. City of San Diego
The City of San Diego (the City) appealed a judgment in a lawsuit filed by Citizens for South Bay Coastal Access (Plaintiff), which challenged the City's issuance of a conditional use permit allowing it to convert a motel that it recently purchased into a transitional housing facility for homeless misdemeanor offenders. Specifically, the City contended the trial court erred by ruling that the City was required to obtain a coastal development permit for the project because the motel was located in the Coastal Overlay Zone as defined in the City's municipal code. After review, the Court of Appeal concluded the trial court erred in concluding that a coastal development permit was required under state law regulations promulgated by the California Coastal Commission (the Commission). Because the Commission certified the City's local coastal program, those provisions applied here rather than the Commission's regulations. "Under the City's local coastal program, the project is exempt from the requirement to obtain a coastal development permit because it involves an improvement to an existing structure, and no exceptions to the existing- structure exemption are applicable." Accordingly, the Court reversed the judgment. View "Citizens for South Bay Coastal Access v. City of San Diego" on Justia Law
Lateef v. City of Madera
Junaid Lateef appealed a judgment entered in favor of the City of Madera (city) and the Madera City Council (city council) (collectively, respondents), which denied his petition for administrative mandamus and requests for declaratory and injunctive relief. At issue was the meaning of Madera Municipal Code section 10-3.1310(E), which set forth the minimum number of council votes required to overturn the Madera Planning Commission’s (commission) denial of an application for a conditional use permit: “A five-sevenths vote of the whole of the Council shall be required to grant, in whole or in part, any appealed application denied by the Commission.” Lateef appealed the denial of his application to the seven-member city council, which voted four-to-one to grant his appeal; however, one councilmember recused himself and another council seat was vacant. The city council denied Lateef’s appeal, ruling that he needed five votes (five-sevenths times the total membership of the council) to prevail. Arguing to the Court of Appeal, Lateef contended the city council was required to grant his appeal because the ordinance requires a five-sevenths vote of those councilmembers present and voting, and he received five-sevenths of the five votes that were cast, namely four votes. He also contended he was denied a fair trial because the recused councilmember and vacant seat were included as councilmembers when determining the number of votes needed to grant his appeal. Finding no merit to Lateef’s contentions, the Court of Appeal affirmed. View "Lateef v. City of Madera" on Justia Law
Alliance for Constitutional etc. v. Dept. of Corrections etc.
The California Department of Corrections Rehabilitation (Department) challenged a trial court ruling striking down its regulation excluding from early parole consideration inmates serving sentences for current nonviolent sex offenses requiring them to register under Penal Code section 290. On appeal, the Department claimed its regulation was supported by Proposition 57’s overarching goal of protecting public safety and the requirement that the Secretary of the Department certify the Department’s regulations enhanced public safety. The Court of Appeal determined the regulation at issue contravened the plain language of the statute, so it affirmed the trial court’s ruling. View "Alliance for Constitutional etc. v. Dept. of Corrections etc." on Justia Law
Herpel v. County of Riverside
At issue before the Court of Appeal was whether Riverside County, California could impose a tax on possessory interests in federally owned land set aside for the Agua Caliente Band of Cahuilla Indians or its members. In 1971, Court held that it could, holding in part that federal law did not preempt the tax. The tax was also upheld that year by the Ninth Circuit. Since then, the United States Supreme Court articulated a new preemption framework in considering whether states may tax Indian interests, and the Department of the Interior promulgated new Indian leasing regulations, the preamble of which stated that state taxation was precluded. Nevertheless, the Court of Appeal concluded, as it did in 1971, this possessory interest tax was valid. View "Herpel v. County of Riverside" on Justia Law
State Water Resources Control Bd. v. Baldwin & Sons, Inc.
Appellants Baldwin & Sons, Inc.; Baldwin & Sons, LLC; Sunranch Capital Partners, LLC; USA Portola Properties, LLC; Sunrise Pacific Construction; USA Portola East, LLC; USA Portola West, LLC; and SRC-PH Investments, LLC, all appealed an order compelling compliance with administrative subpoenas issued by the State Water Resources Control Board. Appellants were involved (or believed to be involved) in the construction of a large-scale development in the Portola Hills Community in Lake Forest, California. The State Board initiated an investigation into alleged violations of the federal Clean Water Act and California's Porter-Cologne Water Quality Control Act occurring during construction activities. In connection with its investigation, the State Board issued subpoenas seeking Appellants' financial records. When Appellants refused to produce the requested financial records, the State Board sought a court order compelling compliance with the subpoenas. With the exception of tax returns, the trial court concluded that the information sought was relevant to the State Board's investigation and subject to disclosure pursuant to the investigative subpoenas. Appellants argued on appeal: (1) their financial records were not reasonably relevant to the State Board's investigation; (2) compelling production of their financial records violated their right to privacy; and (3) the protective order did not adequately protect against disclosure of their private financial information to third parties. The Court of Appeal rejected these claims and affirmed the challenged order compelling production of the Appellants' financial records subject to a protective order. View "State Water Resources Control Bd. v. Baldwin & Sons, Inc." on Justia Law