Vol. 31 No. 27 SENATE BILL 1189 AMENDS REQUIREMENTS RELATING TO AUTOPSIES
On September 28, 2016, Governor Jerry Brown signed into law Senate Bill (SB) 1189, which amends several California Government Code provisions and adds a new section to the Government Code relating to autopsies as set forth below. This legislation is effective January 1, 2017. Government Code Section 27491.4 SB 1189 amends Government Code section 27491.4 […]
Vol. 31 No. 26- OFFICERS’ PERSONNEL RECORDS MAY BE SUBJECT TO DISCOVERY EVEN IF THEY DIDN’T OBSERVE OR PARTICIPATE IN MISCONDUCT
On December 12, 2016, the 2nd District Court of Appeal held, in Riske v. Superior Court (City of Los Angeles), that Evidence Code 1043 and 1045 (“Pitchess motion”), governing the discovery of peace officer personnel records, is not limited to cases involving officers who either witnessed or committed misconduct. “If a plaintiff can demonstrate the […]
Vol 31. No. 25-THE TRUTH ACT, THE TRUST ACT, ICE DETAINERS AND CALIFORNIA LAW ENFORCEMENT
On September 28, 2016, Governor Jerry Brown signed into law Assembly Bill (AB) 2792, known as the Transparent Review of Unjust Transfers and Holds (TRUTH) Act. The Act imposes obligations on California law enforcement if they notify the Federal Immigration and Customs Enforcement (ICE) Agency of an inmate’s upcoming date and time of release. Current […]
Additional noticing, records retention, and posting requirements for property taxes, written protests, and public debt reports
Summary Recently Governor Brown approved three separate bills that impose additional administrative requirements on financial processes that cities commonly encounter. Starting January 1, 2017, cities must provide notice to non-resident property owners of a proposed parcel tax, must retain for two years written protests against new/increased property assessments, and must post annual debt reports to […]
Vol. 31 No. 24- VEHICLE CODE SECTION 31, WHICH PROHIBITS LYING TO AN OFFICER ENGAGED IN OFFICIAL DUTIES, IS CONSTITUTIONAL
On November 18, 2016, the California Court of Appeal, First Appellate District, held in People v. Wilson Morera-Munoz that Vehicle Code Section 31, which criminalizes the making of false statements to law enforcement officers while they are engaged in the performance of their duties under that code, was not an unconstitutional infringement on the First […]
Vol. 31 No. 23-PROPOSITION 64 AND PEACE OFFICERS – CAN THEY NOW LEGALLY USE MARIJUANA?
Proposition 64, the California Marijuana Legalization Initiative, was on the November 8, 2016, ballot in California as an initiated state statute. Supporters referred to the initiative as the Adult Use of Marijuana Act but its official title was the Control, Regulate and Tax Adult Use of Marijuana Act (“the Adult Use of Marijuana Act”). It […]
Limitation on City Regulation of Accessory Dwelling Units
Designed to provide relief from California’s housing shortage, Senate Bill 1069 and Assembly Bill 2299 (collectively “SB 1069,” effective January 1, 2017) limit city authority to regulate accessory dwelling units. It also replaces city building, parking and use standards on this topic and imposes standards on cities that have not yet adopted their own regulations. […]
Vol. 31. No. 22- CREATING A “SPECIAL RELATIONSHIP” CAN CREATE LIABILITY
CREATING A “SPECIAL RELATIONSHIP” CAN CREATE LIABILITY On October 6, 2016, the Fifth District Court of Appeal issued an opinion in the case of Doe, et al. v. City of Modesto, et al. and held that Modesto police officers created a special relationship with the family of a mentally ill woman by promising to take […]
Jamaar Boyd Weatherby named 2016 Super Lawyers Southern California Rising Star Attorney
Jamaar Boyd Weatherby was selected as one of California’s Rising Stars in the field of general litigation. Super Lawyers selects attorneys to receive this recognition using a patented multiphase selection process. Peer nominations and evaluations are combined with independent research. Each candidate is evaluated on 12 indicators of peer recognition and professional achievement. Selections are […]
Jones & Mayer Successfully Defends Another Writ Case
On July 5, 2016, The Court of Appeal, Second Appellate District, ruled in the City’s favor on an Writ of Mandate case. Rudy Castaneda received multiple parking tickets from the Whittier Police Department for illegally parking his vehicle on the streets of the City of Whittier. In response to the citations, Castaneda filed a Petition […]