Colantuono, Highsmith & Whatley

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The Legislature continues its efforts to increase the state’s housing supply, regardless of local land use policies and priorities. Senate Bill 9, introduced by Senate President Pro Tem Toni Atkins, will require cities to approve by right through ministerial action up to four units on existing single-family parcels.  Senate Bill 9 has passed the State Senate and is now

Civil service commissions handle employee discharge appeals in most California counties and many cities. A recent case from the Second Appellate District, Deiro v.  Los Angeles County Civil Service Commission, clarified the jurisdiction of the Los Angeles County Civil Service Commission when an employee is both discharged and takes disability retirement.
The plaintiff in Diero was a deputy sheriff

The First District Court of Appeal recently ordered published its decision in Denny v. Arntz in which it ruled that statutory challenges to the sufficiency of ballot materials cannot be made post-election.  The ruling helpfully construes Elections Code section 16100 to exclude post-election challenges based on alleged flaws in the ballot question and voter information pamphlet.
Here, Denny filed a

The Second Appellate District of the California Court of Appeal held that arbitration clauses are unenforceable in continuing care retirement community tenancy agreements.
Harris and four other residents (“Harris”) live in the University Village Thousand Oaks (UVTO) continuing care and retirement community. Residents of UVTO must sign a contract before moving in. Pursuant to the contract, residents pay various monthly

Damage claims under 42 U.S.C. § 1983 – and really any personal injury claims — are broken down into two categories: economic and noneconomic damages. Pain and suffering, mental anguish, and loss of consortium are commonly sought in large numbers as noneconomic damages to enhance a plaintiff’s out-of-pocket damages. Prior to 1986, a plaintiff could recover all of her economic and

The First Appellate District of the California Court of Appeal held that local rent control laws can apply to individual rooms rented in a single-family home.
Jonathan Owens owns a single-family home in Oakland. He rents out three of the bedrooms in this home to separate tenants on a month-to-month basis, terminable upon 60 days’ notice. Each tenant has their

In Pimentel v. City of Los Angeles, the Ninth Circuit found the Eighth Amendment’s Excessive Fines Clause applies to Los Angeles’ parking fines. Following Timbs v. Indiana, a recent SCOTUS decision that applied the excessive fine clause against the states, Pimentel extends the Eighth Amendment’s prohibition on excessive fines to routine municipal fines. The Court upheld a decision