Where to Start on Response to an Administrative Action

thinkstockphotos-529586985Your client is the subject of an agency investigation, accusation, or statement of issues on a license, benefit, or other matter. The timeline for filing your response is typically short, so you’ll have to move fast. Here are the first steps you should take. Continue reading

Are Public-Private Partnerships the Solution for CA’s Infrastructure Gap?

ThinkstockPhotos-155606531(1)Public-private partnerships (P3s) are hot in an era of budget cutbacks and the need for alternative, innovative ways to repair and replace our aging public infrastructure. P3s can help bridge the infrastructure gap by using private capital to finance large infrastructure projects and leveraging funding payments over the useful life of the new facilities. P3 isn’t the solution for all public infrastructure needs, but it’s a growing and important tool for public agencies to utilize for appropriate projects. Continue reading

Client with a License Issue? Take 3 Steps ASAP

166114538When you’re retained to represent a disciplined licensee or someone who’s been denied a license, the best defense is an early offense. Continue reading

California’s Redevelopment Agencies Are Dead, But They May Haunt Us

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

Be Ready for the Defense When Suing a City for a Pothole

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

Before Taking on the Government for that Pothole

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

Seven Key Issues in Handling a Professional License Discipline Case

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

Helping Real Estate Brokers Stay Clear of Fraud

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

Who Is Reading Your Texts?

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