Primary practice area
First District affirms approval of 44-unit mixed-use infill housing project on former shopping center site in San Ramon, holding that the project was consistent with the City’s general plan and zoning ordinance and that aspirational planning language did not impose mandatory master plan requirements.
The California Supreme Court holds that courts must independently review whether the Coastal Commission has appellate jurisdiction over a local permit decision and that the Commission cannot exercise that jurisdiction merely because a site allows multiple principal uses.
First District holds that Penal Code section 396’s 10 percent emergency rent increase cap locks mobilehome rental prices at the amount authorized under the local rent control ordinance at the time of the emergency declaration, preventing landlords from stacking annual ordinance-based increases during multi-year emergencies.
Second District reverses denial of class certification in 28-day shuffle case under Civil Code section 1940.1, holding that whether a hotel qualifies as a residential hotel turns on building-wide use patterns rather than individualized proof of each class member’s primary residence.
Fourth District holds that the COVID-19 pandemic and related government restrictions did not cause “damage” to the Brea Mall within the meaning of Revenue and Taxation Code section 170(a)(1), and that calamity reassessment requires actual physical damage to property.
Third District holds that the Department of Water Resources may use California’s precondemnation entry statutes to investigate properties for a potential water conveyance project without first having an authorized and funded project under Water Code sections 250 and 11580.
Fifth District holds that CC&Rs adopted by a public hospital district cannot be enforced to prohibit a clinic from providing abortion services because such enforcement would violate the California Constitution’s reproductive freedom guarantee and Civil Code section 531.
First District holds that a plaintiff who recovers attorney fees from a tortfeasor under the tort of another doctrine cannot also recover the fees incurred in prosecuting the tort of another action itself.
Third District holds that the California Department of Water Resources may use the precondemnation entry statutes to investigate properties for a potential water conveyance project without first satisfying Water Code requirements for project authorization and funding.
Second District reverses denial of class certification in a Red Roof Inn 28-day shuffle case, holding that Civil Code section 1940.1 does not require each class member to prove individualized use of the hotel as their primary residence.