A man who was fired by a school district requested documents under the Public Records Act [Government Code section 6250, et seq.], but the school district refused to produce them. The superior court denied his petition because the man already has the documents. The Court of Appeal agreed with the man’s argument that he seeks production under the Public Records Act so he may release the documents to the public without being subjected to claims of improperly disclosing confidential information.
In 1999, City issued a conditional use permit [CUP 4153] permitting development of two hotels near Disneyland by some developers. At that time, the City intended to build an overpass on a portion of the property owned by the developers. In exchange for taking that portion of the property, the City promised to build a parking structure. Relying on the City’s promises and representations, the developers reduced the number of hotel rooms and made other design changes.
A husband and wife were injured in an auto accident and brought an action against another motorist as well as the county for dangerous condition of public property. The complaint alleged the other driver was unable to see the plaintiffs as they pulled out from one road onto another. The county moved for summary judgment based upon design immunity and the plaintiffs opposed, contending the county disregarded its own methodology regarding sight distance.
A high school student took a swing on a rope swing attached to a tree in a county park. The rope broke and the boy was seriously injured when he hit debris below, which debris included cut-down tree limbs and brush left by county maintenance workers. Afterward, an expert opined the rope was damaged from exposure to the sun for over three months.
The California Public Records Act [Government Code section 6250 et seq.] provides that “a party” may file a petition for the issuance of an extraordinary writ to challenge an order of the trial court either directing or refusing disclosure under the Act. A group which advocates for open government successfully moved for the trial court to order disclosure of emails from the personal account of a city attorney pertaining to official business over a five year period.
To reach a subway station, a planned subway will travel under Beverly Hills High School. Both the City of Beverly Hills and the Beverly Hills Unified School District objected to the placement of a subway tunnel under the high school or any other properties located in Beverly Hills. Their objection was based on the environmental […]
Class action plaintiff alleges a public entity operating a recreational park violates the Vehicle Code by issuing traffic citations based upon video camera images of a license plate, but not of the driver of a car in the park. An ordinance authorizes the entity to use “automated” photographic or video equipment to enforce another ordinance […]
In a jury trial, a jury awarded $1,050,000 in compensatory damages and $3,000,000 in punitive damages against an electric company and in favor of plaintiff on her claims for IIED, negligence and nuisance, based upon her contentions the company failed to control its electrical substation next door to plaintiff’s house. She said the company allowed […]
During litigation, a public entity inadvertently produced documents which appeared in its privilege log. When it discovered its mistake, the public entity demanded their return and an agreement the documents would not be relied upon in any way. The receiving party declined, contending the public entity waived any claim of privilege. The trial judge concluded […]
The question before the court was: Does Education Code section 17406 exempt school districts from obtaining competitive bids when entering into what are known as “lease-leaseback” agreements to improve school property? The appellate court concluded the answer is “yes” because the language of the statute is “plain, unambiguous and explicit, and does not impose bid […]