Oakland’s suit against Wells Fargo for predatory lending practices based on race can seek lost property-tax revenue
Summary In City of Oakland v. Wells Fargo & Co., 972 F.3d 1112 (9th Cir. Cal. 2020), the Ninth Circuit Court of Appeals held that cities can seek injunctive relief and recovery of lost property-tax revenue from banks that violate the Fair Housing Act by using predatory lending practices against minorities. The Ninth Circuit held […]
How California Cities Can Craft Better Office Space Deals
As cities grow, so do their governments. Since the population boom following the Second World War, cities in the American west have grappled with challenges associated with providing adequate space for their employees to work. Optimizing public resources over the long timeframes involved in real estate requires careful planning and sophisticated deal structures. The logic […]
State law addresses Brown Act implications of social media use by members of a legislative body
AB 992 In a world that communicates with posting, reposting, texting, screenshotting, tweeting, liking, disliking, happy or sad emojis and commenting on posts, it was inevitable that public officials would enter onto that internet “platform” and communicate their thoughts and ideas to anyone who had access to a computer. Instead of stepping into the local […]
Court of Appeal clarifies procedures and deadlines under Eminent Domain Law
Summary The Court of Appeal in Rutgard v. City of Los Angeles, 52 Cal. App. 5th 815 (2020) held that a public agency desiring to retain condemned property that has not yet been put to public use must adopt a reauthorization resolution within ten years of the initial resolution declaring the public need. The Court […]
Vol. 35 No. 32 GENUINE ISSUE OF FACT EXISTED AS TO WHETHER DEFENDANT USED EXCESSIVE FORCE IN BRIEFLY KNEELING ON PLAINTIFF’S BACK
In a case filed on October 27, 2020, in Cortesluna v. Luna,[1] the Ninth Circuit Court of Appeals reversed the lower court’s grant of summary judgment to an officer who the plaintiff claimed used excessive force. In reaching its conclusion, the Court determined that the officer was not entitled to qualified immunity for briefly placing […]
Reactive v Proactive Code Enforcement
Enforcement agencies throughout California are looking for better ways to encourage private property owners to comply with health and safety regulations. Traditional approaches to code enforcement tend to be reactive, relying on complaints from the public to spark action. This approach has been referred to by some courts as a “passive enforcement scheme” and has […]
Vol. 35 No. 31 OFFICER ENTITLED TO QUALIFIED IMMUNITY IN OFFICER-INVOLVED SHOOTING
The Ninth Circuit Court of Appeals in Ventura v. Rutledge[1] concluded that an officer who used deadly force was entitled to qualified immunity. In reaching its conclusion, the Court determined that no existing precedent squarely governed the specific facts here, where the officer shot and killed a man who (1) had a drawn knife as […]
Health and Safety Receiverships Can Be Powerful Enforcement Tools
Persistent health and safety code violations can be exceptionally difficult to resolve using many of the enforcement tools in an agency’s tool kit. While enforcement actions wind their way through processes that can be long and slow, unsafe conditions remain. California’s public health laws allow local agencies to ask the courts to place noncompliant properties […]
Exception to mobile billboard ordinance for “authorized vehicles” is likely an invalid content-based restriction on free speech.
Summary A city ordinance that prohibited mobile billboards except for “authorized vehicles” including emergency vehicles and construction/maintenance vehicles is a content-based restriction on free speech and presumptively invalid. Discussion In 2016, the City of Simi Valley (“City”) adopted an ordinance that prohibits the parking or standing of mobile billboard advertising displays on city streets. The […]
Effective Affordable Housing Strategies for California Municipalities
California’s affordable housing crisis is among the most pressing governance challenges for state and local governments. Our state is not alone: major cities around the country are grappling with how to create policies that will ensure access to quality housing for all residents, not just those in the upper income brackets. Tackling the affordable housing […]