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Fall River

Recovery of Attorney’s Fees Pursuant to CCP § 1021.5 Requires Showing that the Disclosed Records Conferred a Significant Public Benefit

  • By: Michelle Nasise
Recovery of Attorney’s Fees Pursuant to CCP § 1021.5 Requires Showing that the Disclosed Records Conferred a Significant Public Benefit In Burgess v. Coronado Unified School District, Cal.App.5th, 2020 Cal.App.LEXIS 2020 (4th Dist. Div. 1 Dec. 24, 2020) (D076263), a news outlet, Voice of San Diego (Voice),   a PRA request was made to the Coronado Unified School District (District) regarding an employee, Randall Burgess (Burgess), who had been the subject of unsubstantiated molestation allegations.  Burgess then sued the District...

Title: Residential Evictions in 2021: January Update

  • By: P.J. Van Ert
Title: Residential Evictions in 2021: January Update As 2021 begins, it is still difficult to predict with any accuracy where Covid-19 will take landlord and tenant relations. The federal and state response to the Covid-19 pandemic has proven a complicated area of law for landlords, tenants and the Courts. Most notably, the COVID-19 Tenant Relief Act of 2020 (“AB 3088”) and the federal eviction moratorium order issued by...

WATCH WHAT YOU SAY!

  • By: David Prentice
WATCH WHAT YOU SAY! Imagine that you are negotiating a labor agreement, and during the negotiations you utter the terrible words “unrepresented” and “represented.”  Those two words led one public agency to a one million dollar back pay obligation imposed by the Public Employment Relations Board (PERB).  How did this happen?  See Contra Costa County Fire Protection District v. Public Employment Relations Board, petition...

Public Policy, and the Appellate Courts, Favor Prompt Tort Claims

  • By: P.J. Van Ert
Public Policy, and the Appellate Courts, Favor Prompt Tort Claims On December 28, 2020, the Fourth Appellate District of California affirmed a decision from San Diego County with important implications for municipal clients facing tort claims pursuant to the Government Claims Act. The Government Claims Act (§ 810 et seq.) provides, as a general rule, that no suit for money or damages may be maintained against a public entity unless...