Can Cannabis be Advertised in California?

In November 2016, California voters adopted Proposition 64, the Medicinal and Adult Use Cannabis Regulation and Safety Act (MAUCRSA), permitting the legalization of Cannabis use. Among the regulations contained within Proposition 64 is Business and Professions Code section 26152(d), also known as the “Advertising Placement Statute.” This statute provides that a licensee shall not advertise or market on a billboard...

Inverse Condemnation and Eminent Domain Are Based On Similar Legal Foundations, but Are Distinct Legal Actions

The power of eminent domain allows the government to take private property for public use for just compensation.  Typically, the public use is for constructing public roads, utilities, and buildings. The government agency determines which properties are within the scope of the public project and then works to take ownership of the property in exchange for fair and just compensation....

Moratorium on Evictions: When Will it End?

As most Californians are aware, the ban on residential evictions as a result of the COVID-19 pandemic has been a key feature of the measures taken at the State level to maintain the status quo while the state (and country) recover from the financial impacts of stay-at-home orders and other measures.Landlords in California have been eager to know when they...

Cal/OSHA Revised Emergency Temporary Standards

On June 17, 2021, Cal/OSHA implemented revised emergency temporary standards for COVID-19 prevention.  These orders were put into effect immediately in accordance with Governor Newsom’s Executive Order N-09-21, and have been filed with the Secretary of State by the Office of Administrative Law.  The newly adopted emergency temporary standards apply to all employees and places of employment, with the exception...

Public Entities Have Discretion to Limit Public Comment

The Ninth Circuit Court of Appeals has recently affirmed public entities’ ability to limit public comment during meetings.  In the case of Bezis v. City of Livermore, the Livermore City Council was considering whether to establish a downtown planning steering committee and plaintiff spoke during public comment.  During his public comment, he focused on an unrelated action that the Council...

California Maintains Strict Compliance with Masking and Physical Distancing Emergency Temporary Standards Requirements

In a surprise decision by Cal/OSHA’s Standards Board late on June 9, 2021, they withdrew revisions to their COVID-19 prevention emergency temporary standards which were expected to have taken effect on June 15, 2021.  California employers are looking to Cal/OSHA to guide the state’s reopening and minimize the impacts on employer obligations.  The revisions were an attempt to bring workplace...