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
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
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
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
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
In the case of People v. Guzman,[1] the Supreme Court of California found that a surreptitious recording was properly admitted into evidence in a defendant’s
The California Fourth District Court of Appeal held, in Smith v. LoanMe, Inc.,[1] that a plaintiff failed to state a claim in arguing that a
The California Second District Court of Appeal, in Amezcua v. L.A. Cnty. Civil Serv. Comm’n,[1] held that there was ample evidence to support the trial
In January 2020, the California Fourth District Court of Appeals in City of Huntington Beach v. Becerra[1] held that Section 7284.6 of the California Values
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,
The pandemic circumstances we all face are placing tremendous demands on law enforcement personnel. Among organizational priorities is determining how to apply law enforcement authority
By Executive Order dated March 30, 2020, Governor Newsom extended the statute of limitations under Govt. Code §3304(d) by 60 days. Govt. Code §3304(d) reads
A recurrent question of late has been what, if any, information can be relayed to first responders – Police and Fire Emergency Medical Services (“EMS”)
In an 8-1 decision, in Kansas v. Glover,[1] the Supreme Court of the United States held that when an officer lacks information negating an inference
On April 22, 2020, Governor Newsom issued Executive Order N-54-20 (“the Order”) in which are addressed the suspension for sixty (60) days the period within
On April 23, 2020, the United States District Court for the Southern District of California, in Rhode v. Becerra,[1] granted the plaintiffs’ motion for preliminary
The COVID-19 pandemic has altered many of the most fundamental expectancies of our democratic republic. Personal liberty, economic activity, and views about how to best
In a 6-3 decision on April 27, 2020, the United States Supreme Court in N.Y. State Rifle & Pistol Ass’n v. City of N.Y.[1] dismissed
On April 23, 2020, the Ninth Circuit Court of Appeals, in Wilk v. Neven,[1] held that prison officials violated a prison inmate’s constitutional right to
As part of California’s response to the COVID-19 crisis, the Judicial Council, on April 6, 2020, adopted Emergency Rule 4, which establishes a statewide Emergency
On May 28, 2020, the California Supreme Court issued the long-awaited opinion in National Lawyers Guild, San Francisco Bay Area Chapter v. City of Hayward
California and the nation are experiencing large-scale community reaction following the tragic death, at the hands of law enforcement, of George Floyd in Minneapolis. Many
In the case entitled U.S. v. Grey, 2020 U.S. App. LEXIS 16788 (9th Cir. May 27, 2020), the Court of Appeals for the Ninth Circuit
In United States v. Magdirila,[1] filed on June 23, 2020, the Ninth Circuit Court of Appeals affirmed a District Court’s denial of a criminal defendant’s
In the July 2020 case of City & Cnty. of S.F. v. Barr,[1] the Ninth Circuit Court of Appeals upheld a permanent injunction barring the
Background The California Supreme Court recently reviewed the validity of the “California Rule” in the context of the case entitled Alameda County Deputy Sheriff’s Ass’n
In the July 2020 case of Monzon v. City of Murrieta,[1] the Ninth Circuit Court of Appeals concluded that officers acted in an objectively reasonable
On August 14, 2020, the Ninth Circuit Court of Appeals in Duncan v. Becerra,[1] held that a California statute that banned possession of large-capacity magazines
In the August 2020 case of Facebook, Inc. v. Superior Court (Stephan),[1] the California Supreme Court directed trial courts to explicitly consider and balance seven
On August 27, 2020, in the case of Gund v. County of Trinity,[1] the California Supreme Court found that plaintiffs, who were injured by an
On August 24, 2020, the Court of Appeal of the State of California for the Fourth Appellate District affirmed[1] the decision of the Orange County
On August 26, 2020, the Supreme Court of California issued an order[1] making a part of the California First District Court of Appeal’s 2018 case,
The California Supreme Court recently upheld the state’s ban on the practice of “pension spiking” by public employees while leaving in place the so-called “California
It is an evening filled with memories of younger days, of hobgoblins and masked heroes, princes and princesses walking down suburban sidewalks, often with costumed
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
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
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
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
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
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
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
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
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
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
Jones & Mayer partner James Touchstone is proud to have his most recent article published in the Winter 2020 issue of California Police Chief Magazine,
Regulating outdoor advertising has been a controversial topic for cities ever since billboards gained popularity in the 1870s. Balancing a property owner’s use rights, the
With mixed emotions we announce the upcoming retirement of our partner Richard L. Adams II, effective December 31, 2020. Richard has practiced law since 1977,
In Wright v. Beck,[1] the Ninth Circuit Court of Appeals held that a plaintiff, who continued to assert a claim of right to previously seized
The availability of effective vaccines offers a major advancement in our emergence from the COVID-19 pandemic. As a component of this progress, the determination of
On Friday, December 18, Jones & Mayer partner James Touchstone offered his insights at a hearing of the California Assembly Select Committee on Police Reform.
California Assembly Bill 5, or AB-5, went into effect a year ago. Employers throughout the state and beyond are still grappling with how to lawfully
On February 25, Jones & Mayer Senior Associate Bruce Lindsay will join John Harris of Casso & Sparks, LLP at a webinar sponsored by the
While the distribution of the COVID-19 vaccine is advancing our effort to recover from the pandemic, one significant limitation is the degree of acceptance and
The long-anticipated arrival of vaccines has moved the COVID-19 pandemic into a new chapter. The phased rollout of vaccines is expected to take months. As
In Moser v. Las Vegas Metro. Police Dept., the Ninth Circuit Court of Appeals held that a federal District Court did not adequately address the
As a child, Kimberly Hall Barlow’s dream was to become a veterinarian. It was a natural ambition for the child of a championship collie breeder.
We are pleased to announced that Tarquin Preziosi was named Partner at Jones & Mayer on February 12, 2021. Tarquin joined the firm in 2015 and specializes in municipal law. He serves as General Counsel to the Rossmoor Community Services District, Assistant City Attorney for the City of Costa Mesa, and Deputy City Attorney for number of other cities. Tarquin graduated from the University of California, Hastings College of Law.
Summary In Department of Finance v. Commission on State Mandates (2021) 59 Cal.App.5th 546, the Court of Appeal for the Second Appellate District held that
Summary In City and County of San Francisco v. All Persons Interested in Matter of Proposition C, 51 Cal. App. 5th 703 (2020), the California
Richard Jones grew up in a family committed to service. Giving back to the community, donating their time to important causes, and being part of
Websites, mobile applications, and other digital tools offer exciting opportunities for local government agencies to achieve unprecedented reach and access to services across communities. At
In Hernandez v. Town of Gilbert, the Ninth Circuit Court of Appeals held that no clearly established law controlled in the specific context of a
In cases of qualified immunity, the facts matter. In a civil rights lawsuit filed under 42 U.S.C. Section 1983 , an officer’s conduct in the
In Young v. Hawaii, the en banc Ninth Circuit Court of Appeals held that the Second Amendment does not guarantee an unfettered, general right to