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More Than a Mansion Tax: L.A.’s Measure ULA Will Address the City’s Housing Crisis

Los Angeles’ United to House LA Measure (Measure ULA), enacted by city voters in November 2022, implements a significant new transfer tax on high-value real estate transfers or sales throughout the city of Los Angeles....more

Subway Construction Work Did Not Inversely Condemn Hotel Property

A hotel owner brought a lawsuit against a county transportation authority and a general contractor for nuisance and inverse condemnation alleging that the construction of an underground subway line disrupted the operation of...more

Athletic Field Lighting Project Not Categorically Exempt from CEQA

The First District Court of Appeal overturned the City of San Francisco’s decision that Saint Ignatius High School’s project to install four permanent 90-foot-tall athletic field lights was exempt from CEQA.  Saint Ignatius...more

California Enacts New Legislation to Accelerate Housing Production

California Governor Gavin Newsom recently signed into law several bills intended to accelerate local approval of housing projects and increase housing production. This update summarizes the contents of three key bills: ◾...more

Local Governments Lacked Authority to Impose Fees on Property Owners for Trash Receptacles at Public Transit Stops Adjacent to...

The state was required to reimburse municipalities for the cost of state-mandated trash receptacles at transit stops because local governments lacked authority under Proposition 218 to impose fees either on transit agencies...more

Anti-SLAPP Motion May Not Be Based on Speech Activities Merely Incidental to Asserted Claims

An anti-SLAPP motion was properly denied because the claims for damages arose from breach of contract and tort actions, not from any protected First Amendment activity. Oakland Bulk and Oversized Terminal, LLC v City of...more

Violation of Zoning Ordinance Limiting Medical Marijuana Cultivation Did Not Justify Seizure of Dispensary’s Medical Marijuana

The Sixth District Court of Appeal held that a medical marijuana dispensary could recover its marijuana plants seized by law enforcement, finding that violation of the ordinance did not render medical marijuana plants...more

CDC Temporarily Halts Certain Residential Evictions

In the wake of the July 24 expiration of the 120-day moratorium on residential evictions in the Coronavirus Aid, Relief, and Economic Security (CARES), the U.S. Centers for Disease Control (CDC) issued an order (CDC order)...more

Eviction Relief for California Residential Tenants

Shortly after the shelter-in-place orders first went into effect this spring, California Governor Gavin Newsom issued an executive order allowing, but not requiring, local governments to impose temporary limitations on...more

Bay Area Counties Relax Restriction on Construction and Other Low-Risk Activities

The six Bay Area counties that led the way in requiring their citizens to shelter in place on March 16 and again on March 31—Alameda, Contra Costa, Marin, San Francisco, San Mateo, and Santa Clara—issued new orders on April...more

California’s “Safer-at-Home” Order Permits Many Construction Projects to Continue

On March 18, 2020, we authored an update regarding housing construction under the shelter-in-place orders jointly issued by six Bay Area counties—Alameda, Contra Costa, Marin, San Francisco, San Mateo, and Santa...more

Charter Cities Must Adhere to Affordable Housing Requirements of the Surplus Lands Act

The statewide concerns underlying the affordable housing provisions of the Surplus Lands Act superseded municipal home rule authority on the same subject and hence required charter cities to comply with the affordable housing...more

Court May Order City to Remedy Inconsistencies in its General Plan Created by Initiative

A court could properly direct a city council to correct internal inconsistencies in its general plan resulting from adoption of an initiative. Denham, LLC v. City of Richmond, 41 Cal. App. 5th 340 (2019). The Richmond City...more

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