New State Law Limits City Authority to Regulate Sidewalk Vendors
I. SUMMARY Intended to increase economic opportunities to low-income and immigrant communities, increase access to culturally significant food and merchandise, and to contribute to safe and dynamic public spaces, Senate Bill 946 (“SB 946”) limits local authority to regulate sidewalk vendors. Any local regulations on sidewalk vendors must comply with newly enacted state laws that […]
New State Law Imposes Procedural Protections Against Water Utility Shutoffs
I. SUMMARY Intended to minimize the number of Californians who lose access to water service due to their inability to pay, Senate Bill 998 (“SB 998”) provides additional procedural protections before residential water service can be discontinued. These protections apply to water service provided by an “urban and community water system,” a “public water system,” […]
New Law Treats Microenterprise Home Kitchen Operations like Retail Food Establishments for Health and Sanitation Standards Enforcement
I. SUMMARY Effective January 1, 2019, Assembly Bill 626 (“AB 626”) expands the scope of retail food sanitation standards to include “microenterprise home kitchen operations.” Similarly, Assembly Bill 2178 (“AB 2178”) applies food sanitation standards to “limited service charitable feeding operations.” While cities have discretion to authorize or prohibit the permitting of microenterprise home kitchen […]
New Law Authorizes Affordable Housing Authorities to Construct Emergency Shelters, Supportive Housing & Transitional Housing
I. SUMMARY The passage of Assembly Bill (“AB 1598”) in 2017 authorized cities to create Affordable Housing Authorities. Funded by tax-increment financing, these Affordable Housing Authorities were given power to provide affordable housing and affordable workforce housing and are distinct from other housing authorities with broader purposes. Recently, the Governor signed into law Assembly Bill […]
David Demurjian Recognized as ‘Prosecutor of the Year’ by CNOA
David Demurjian of Jones & Mayer is a member of the police practices group (“PPG”). Mr. Demurjian is also a defensive tactics instructor for both state and federal law enforcement agencies throughout California. For almost eighteen years, he has been a member of a large law enforcement agency in southern California and is a certified […]
Vol. 35 No. 8 RECORDS IN THE POSSESSION OF THE CALIFORNIA DEPARTMENT OF JUSTICE ARE SUBJECT TO DISCLOSURE PURSUANT TO SB 1421
In January 2020 in the case of Becerra v. Superior Court[1], the California First District Court of Appeal held that California Penal Code section 832.7, as recently amended by SB 1421, generally requires in response to a California Public Records Act request the disclosure of all responsive records in the possession of the California Department […]
Vol. 34 No. 36 DISTRICT COURT DECLINES TO RECOGNIZE A PER SE RULE THAT AUTOMATICALLY PERMITS A PAT-SEARCH FOR EVERY LAWFULLY DETAINED ROBBERY SUSPECT
On October 18, 2019, in the case of In re Jeremiah S.,[1] the California First District Court of Appeal determined that an officer who conducted a pat-down search of a robbery suspect did not present specific and articulable facts to support a reasonable suspicion that the suspect was armed and dangerous. In reaching its conclusion, […]
Vol 34 No 35 9th CIRCUIT AFFIRMS ORDER GRANTING PRELIMINARY INJUNCTION AGAINST DOJ’s USE OF NOTICE AND ACCESS CONDITIONS REGARDING BYRNE JAG GRANT FUNDING
On October 31, 2019 in the case of City of Los Angeles v. Barr,[1] the Ninth Circuit Court of Appeals affirmed a District Court order entering a preliminary injunction against the United States Department of Justice (“DOJ”). The Court concluded that the DOJ lacks statutory authority to require recipients of a formula grant under the […]
California Supreme Court clarifies that to be liable in inverse condemnation, damage to private property must be substantially caused by inherent risks associated with the design, construction, or maintenance of a public improvement.
I. SUMMARY The California Supreme Court recently held1 that the City of Oroville (“City”) was not liable in inverse condemnation when untreated sewage backed up into a dental office because the property owner failed to demonstrate the resulting damage was substantially caused by inherent risks in the design, construction, or maintenance of the sewer system. […]
Vol. 34 No. 37 OFFICERS’ SEARCH OF A HOME LAWFUL BASED ON THEIR REASONABLE, THOUGH MISTAKEN, BELIEF THAT PAROLEE SUBJECT TO SEARCH CONDITION LIVED THERE
On November 15, 2019, in the case of United States v. Ped,[1] the Ninth Circuit Court of Appeals determined that a District Court did not err in denying a defendant’s motion to suppress firearm evidence found in a warrantless search of his home. The Court concluded that the officers had probable cause to believe that […]