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 […]
Vol. 31 No. 3- PERF PUBLISHES TROUBLING “PRINCIPLES” CONCERNING USE OF FORCE
PERF PUBLISHES TROUBLING “PRINCIPLES” CONCERNING USE OF FORCE On January 29, 2016, the Police Executive Research Forum (“PERF”) issued a 12-page policy statement entitled “Use of Force: Taking Policing to a Higher Standard; 30 Guiding Principles.” In it, PERF basically advocates 13 separate policy recommendations, concerning tactics, training and equipment. Several of the policy recommendations […]
FEDERAL APPELLATE COURT UPHOLDS FEDERAL COMMUNICATION COMMISSION REGULATIONS IMPLEMENTING SECTION 6409 REGARDING COLLOCATION AND MODIFICATION OF EXISTING WIRELESS FACILITIES
On December 18, 2015, the United States Court of Appeals for the Fourth Circuit issued an important ruling upholding the Federal Communication Commission’s (“FCC”) regulations governing eligible collocation and modification requests of existing wireless facilities pursuant to Section 6409 of the Spectrum Act. In 2012, the Spectrum Act was enacted by Congress as part of […]
Vol. 31 No. 2- NEW “GUN VIOLENCE RESTRAINING ORDER” IN EFFECT AS OF 1/1/16
NEW “GUN VIOLENCE RESTRAINING ORDER” IN EFFECT AS OF 1/1/16 As of January 1, 2016, AB 1014, the “Gun Violence Restraining Order” (“GVRO”) went into effect. This new law pertains to individuals who own/possess/have access to any firearm or any ammunition and, by a finding of a court, who pose an immediate threat to themselves […]
Nonsuit Obtained by Senior Litigator, Harold W. Potter, on behalf of the City of Fullerton
Senior Litigator Harold W. Potter obtained a nonsuit on January 14, 2016, after the close ofplaintiff’s evidence, in a case entitled Teresa Silva v. City of Fullerton. Silva sued Fullerton alleging a violation of her civil rights pursuant to 42 U.S.C. §1983, along withvarious pendent state law claims,stemming from code enforcement activities on her rental property in […]
Vol. 31 No 1. TASER USE RESTRICTED BY 4th CIRCUIT U.S. COURT OF APPEALS
TASER USE RESTRICTED BY 4th CIRCUIT U.S. COURT OF APPEALS On January 11, 2016, the 4th Circuit U.S. Court of Appeals held, in the case of Armstrong v. Village of Pinehurst et al, that the Fourth Amendment prohibits the use of a taser [an electronic control device (ECD)], unless the police can articulate an “immediate […]