Posted on May 19, 2014 by Julie Brook, Esq.
Posted on January 11, 2012 by Julie Brook, Esq.
Apparently the saying used by frustrated parents applies to statutes: “I brought you into this world and I can take you out.” The California Supreme Court has upheld recent legislation that dissolved California’s redevelopment agencies (RDAs) that were originally created by the legislature. The court also struck down the alternative legislative scheme that would have allowed RDAs to survive if they made certain payments to other state agencies. As a result, all of California’s nearly 400 RDAs are now effectively dissolved. But this may not be the end of the story. Continue reading
Filed under: Business Law, Legal Topics, Public Law, Real Property Law | Tagged: Motosantos, redevelopment agencies | 1 Comment »
Posted on July 13, 2011 by Julie Brook, Esq.
In an earlier blog post, I discussed the elements of a claim against a public entity for dangerous condition of public property, such as a deep pothole or obscured signage at an intersection that causes a car accident. As a followup — and in response to a reader’s thoughtful comment — here are the defenses you may face when bringing such a claim. Even if all the elements of the claim are there, you always need to anticipate the public entity’s defenses. Continue reading
Filed under: Civil Litigation, Legal Topics, Public Law, Tort Law | Tagged: dangerous condition of property, defenses, government tort, governmental immunity, municipal liability, public entity | 1 Comment »
Posted on June 13, 2011 by Julie Brook, Esq.
A client comes into your office claiming that a deep pothole or obscured signage at an intersection caused a car accident in which she was injured. Or maybe the family of a bicyclist comes to you claiming that dangerous road conditions contributed to her fatal crash. Would you know how to analyze the situation to determine whether there’s a basis for a suit against the city for the dangerous condition of public property? Continue reading
Filed under: Civil Litigation, Legal Topics, Public Law, Tort Law | Tagged: dangerous condition of property, government tort, public entity | 3 Comments »
Posted on April 6, 2011 by Julie Brook, Esq.
Through professional licensing laws, California regulates the practice of professions and occupations as diverse as cosmotologists, funeral directors, and doctors. The California Department of Consumer Affairs (DCA) oversees many of the boards and bureaus that regulate professional and occupational licenses. Licensee’s can find themself in trouble and subject to discipline for a whole range of reasons, from incompetence to fraud. Handling professional license discipline cases can be very disorienting for attorneys who are unfamiliar with the area. Continue reading
Filed under: Civil Litigation, Legal Topics, Public Law | Tagged: Administrative Procedures Act, Department of Consumer Affairs, disciplinary guidelines, license discipline, professional licensing | 1 Comment »
Posted on August 25, 2010 by Julie Brook, Esq.
The most common claims made against real estate brokers are for fraud and deceit. Most brokers are sued for either not providing information or misrepresenting the information they do provide. Brokers who cross the line are being aggressively pursued by California’s Department of Real Estate (DRE), despite its staff and budget shortages. In fact, the DRE has revoked 50% more licenses in 2009-2010 than in 2006-2007. Continue reading
Filed under: Legal Topics, Public Law, Real Property Law, Tort Law | Tagged: department of real estate, discipline, fraud, real estate brokers | Leave a comment »
Posted on May 13, 2010 by Kay Tindel
I could be reading your texts. Or at least if I was your employer.
The Supreme Court heard arguments in City of Ontario, Calif. v. Quon on the issue of whether an employee has a reasonable expectation of privacy from employer snooping in their texts. Continue reading
Filed under: Business Law, Employment Law, Public Law | Tagged: privacy, texting | Leave a comment »