Vol. 35 No. 3 GOVERNOR GAVIN NEWSOM APPROVES ASSEMBLY BILL 1600 AMENDING PITCHESS MOTION REQUIREMENTS
On October 8, 2019, Governor Gavin Newsom approved Assembly Bill 1600 (“AB 1600”) to amend California Evidence Code Sections 1043 and 1047 related to motions to discover peace officer or custodial officer personnel records, more commonly known as Pitchess motions. The amendment effectively shortens notice requirements and accelerates the timeframe for responding to such motions […]
Vol. 35 No. 2 PLAINTIFF’S STATE RETALIATION CLAIM NOT PRECLUDED BY STATE ADMINISTRATIVE AGENCY’S DECISION
The Ninth Circuit Court of Appeals held in Bahra v. Cnty. of San Bernardino[1] that a state administrative agency’s ruling did not preclude a plaintiff’s California Labor Code section 1102.5 action alleging retaliation for whistleblowing activities. Background Plaintiff Eric Bahra worked as a social services practitioner for Defendant San Bernardino County’s Department of Children and […]
Vol. 35 No. 1 NINTH CIRCUIT RULES THAT DISTRICT COURT ABUSED ITS DISCRETION IN PRECLUDING TESTIMONY CONCERNING MENTAL ILLNESS OF DECEDENT OF WHICH OFFICER WAS UNAWARE AT TIME OF INCIDENT
In the case entitled Crawford v. City of Bakersfield,[1] the Ninth Circuit Court of Appeals vacated a district court’s judgment in favor of a police officer after a jury trial found in favor of the officer for the fatal shooting of an individual that was attacking the officer with a metal club. During the incident, […]
Vol. 34 No. 41 IN DOMESTIC VIOLENCE CASE, NINTH CIRCUIT DETERMINES THAT THE STATE-CREATED DANGER DOCTRINE MAY APPLY WHEN OFFICER COMMENTS CONVEY TO ABUSER THAT ABUSE MAY CONTINUE
In the case of Martinez v. City of Clovis,[1] the Ninth Circuit Court of Appeals determined that two police officers violated a domestic abuse victim’s due process rights under the state-created danger doctrine due to their conduct, yet were entitled to qualified immunity because the law did not clearly established the violation at the time. […]
Vol. 34 No. 40 AS OF JANUARY 1, 2020, EVERY LOCAL LAW ENFORCEMENT AGENCY IS REQUIRED TO CONSPICUOUSLY POST ON THEIR WEBSITES ALL CURRENT STANDARDS, POLICIES, PRACTICES, OPERATING PROCEDURES, AND EDUCATION AND TRAINING MATERIALS THAT WOULD OTHERWISE BE PUBLICLY AVAILABLE UPON A CPRA REQUEST
In October 2018, then Governor Jerry Brown signed Senate Bill 978 (SB 978) into law. Effective January 1, 2020, the Commission on Peace Officer Standards and Training (POST) and each local law enforcement agency are required to “conspicuously post” on their Internet Web sites “all current standards, policies, practices, operating procedures, and education and training […]
City council meeting agendas must be posted prominently on a city’s internet homepage and must be searchable by commonly used internet search applications
SUMMARY In 2016, the Legislature adopted Assembly Bill 2257 (“AB 2257”) which amended Government Code Section 54954.2 by adding new requirements for posting city council agendas. Effective January 1, 2019, Gov. Code Section 54954.2(a)(2) requires that meeting agendas for all “legislative bodies” be posted on a city’s internet homepage, be retrievable, downloadable, indexable, electronically searchable, […]
Cities cannot limit public comments at special meetings based on comments at prior, distinct meetings.
SUMMARY On February 22, 2019, the California Second District Court of Appeal, in Preven v. City of L.A.,1 held that while the Brown Act allows for restricting public comment under certain conditions at regular meetings, the Act does not permit limiting comment at special city council meetings based on public comments at prior, distinct committee […]
We are excited to announce our Northern California office has moved to Citrus Heights!
We are excited to announce our Northern California office has moved to Citrus Heights! Our new address is 6349 Auburn Blvd, Citrus Heights, CA 95621. We are looking forward to being a part of the Citrus Heights community.
Vol. 22 No. 8- Rent to a Pot Dispensary – Go to Jail
“RENT TO A POT DISPENSARY-GO TO JAIL” July 18, 2007 Recently, the Federal Drug Enforcement Administration notified approximately 150 Los Angeles landlords that if they rent properties for use as medical marijuana dispensaries they face arrest, incarceration and loss of those properties. Timothy J. Landrum, DEA special agent in charge of the Los Angeles office, […]
Vol. 21 No. 15- Sheriffs And Attorney’s Fees- The Latest Decision
SHERIFFS AND ATTORNEY’S FEES- THE LATEST DECISION October 27, 2006 As many of you will recall, the Kern County Board of Supervisors sued retired Sheriff Carl Sparks (2 ½ years after his retirement) alleging that he had filed false claims when he authorized premium pay for various commanders in his department. The premium pay was […]