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23 May 2024, 4:54 pm
In an opinion filed April 18, and belatedly ordered published on May 15, 2024, the Third District Court of Appeal reversed the trial court’s order discharging the peremptory writ of mandate that was issued following the Court of Appeal’s earlier direction in Save Our Capitol! [read post]
10 May 2024, 12:43 pm
Coon of Miller Starr Regalia. [read post]
25 Apr 2024, 6:52 am
The new rule defines “senior executives” as workers “in a policy-making position” whose total annual compensation was “at least $151,164 in the preceding year” (but not including “payments for medical insurance, payments for life insurance, contributions to retirement plans and the cost of other similar fringe benefits”—so, not really “total compensation” at all.) [read post]
4 Apr 2024, 1:50 pm
In a partially published opinion filed March 29, 2024, the First District Court of Appeal (Div. 4) rejected contentions that the pre-judgment completion of construction of a shooting range mooted a CEQA challenge to the project; it held an effective remedy in the form of various mitigation measures alleged in the CEQA petition remained available and reversed the trial court’s judgment entered in favor of respondents and real party after sustaining their demurrers and granting their motions to… [read post]
21 Mar 2024, 9:24 am
In a partially published (but mostly unpublished) opinion filed on March 7, 2024, the Fifth District Court of Appeal reversed the trial court’s judgment and writ-discharge order which had upheld Kern County’s most recently revised “streamlined permitting” ordinance for oil and gas wells and its associated CEQA review. [read post]
26 Feb 2024, 2:08 pm
In an important published opinion filed February 16, 2024, the Fourth District Court of Appeal (Div. [read post]
4 Feb 2024, 9:03 pm
American health system historian Paul Starr has commented that “the history of health insurance protection until the Supreme Court’s decision on the Affordable Care Act in 2012 was almost entirely a history of legislative and administrative decisions. [read post]
29 Jan 2024, 8:41 am
(Citing 7 Miller & Starr, Cal. [read post]
25 Jan 2024, 2:51 pm
Section 533 of the California Insurance Code provides that an insurer is not liable for loss caused by an insured’s willful act. [read post]
19 Jan 2024, 9:46 am
” Starr is the preparer’s surname. [read post]
8 Jan 2024, 11:50 am
In a 51-page published opinion filed January 5, 2024, and resolving consolidated appeals, the Third District Court of Appeal rejected baseline, piecemealing/segmentation, impact analysis, project description, alternatives analysis, and failure-to-recirculate challenges to the EIR for the Department of Water Resources’ (“DWR”) approval of amendments to long-term water supply contracts with local government agencies receiving water through the State Water Project (“SWP”). [read post]
16 Nov 2023, 12:24 pm
In a published opinion filed November 13, 2023, disposing of consolidated appeals, the Second District Court of Appeal (Div. 6) affirmed judgments denying writ petitions that sought to invalidate a Ventura County ordinance. [read post]
8 Nov 2023, 10:25 am
Coon of Miller Starr Regalia. [read post]
7 Nov 2023, 8:37 am
In an opinion originally filed on September 8, and subsequently modified and certified for partial publication on October 4, 2023, the Sixth District Court of Appeal reversed the trial court’s judgment granting a writ setting aside Monterey County’s issuance of a permit to investor-owned public utility/water supplier California-American Water Company (“Cal-Am”) to construct a desalination plant and related facilities needed as one component of Cal-Am’s Water Supply… [read post]
16 Oct 2023, 9:37 am
In an opinion filed September 13, and modified and certified for publication on October 6, 2023, the Fourth District Court of Appeal (Div. 3) affirmed the trial court’s judgment denying a CEQA writ petition challenging the City of Laguna Beach’s determination that the Guidelines’ Class 31 categorical exemption applied to its approval of a project to remodel a historic single family home. [read post]
10 Oct 2023, 8:40 am
In a partially published opinion filed September 20, 2023, the First District Court of Appeal (Div. 3) affirmed the Alameda County Superior Court’s judgments denying writ petitions in three partially consolidated CEQA actions challenging the 2021 project/program EIR for the Comprehensive Parnassus Heights Plan. [read post]
22 Sep 2023, 8:57 am
In a partially published opinion filed on September 7, 2023, the Third District Court of Appeal affirmed a judgment denying a CEQA challenge to Sacramento County’s approval of a mixed-use development project known as the Mather South Community Master Plan (the “project“); if implemented, the project would result in, inter alia, up to 3,522 residential dwelling units; 225,000 square feet of retail space; 49 acres of environmental education campus and research and development park… [read post]
12 Sep 2023, 3:10 pm
On August 10, 2023 the Sixth District Court of Appeal filed its published opinion in Santa Rita Union School District v. [read post]
11 Sep 2023, 9:05 am
Coon of Miller Starr Regalia. [read post]
29 Aug 2023, 10:05 am
“I fought the law and the law won” – The Crickets In an opinion filed July 19, and later ordered published on August 16, 2023, the Second District Court of Appeal (Div. 6) reversed the trial court’s grant of a preliminary injunction in a CEQA action enjoining the Santa Barbara County Road Commissioner from enforcing public laws by removing unpermitted encroachments from a public right-of-way. [read post]
