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Significant New Developer Fee Cases

As part of an uptick of cases in recent years regarding school impact fees, two recent cases argued by Lozano Smith on behalf of school districts have been decided by the California Sixth District Court of Appeal, with mixed results.

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California Supreme Court Holds Firefighting Immunity Under California’s Government Claims Act Is A Waivable Affirmative Defense

As part of an uptick of cases in recent years regarding school impact fees, two recent cases argued by Lozano Smith on behalf of school districts have been decided by the California Sixth District Court of Appeal, with mixed results.

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Legislature Addresses Student Use Of Smartphones At School

The California Legislature recently passed Assembly Bill (AB) 272, which will become effective January 1, 2020, specifically authorizing school districts to adopt a policy to limit or prohibit student smartphone use, while also granting students certain specific rights to possess and use a smartphone at school.

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More Time For Paid Family Leave Is Now Available For State Employees

Governor Gavin Newsom recently signed Senate Bill (SB) 83. SB 83 affects employees who are eligible for and pay into State Disability Insurance (SDI). SDI allows employees to receive income replacement for up to six weeks while disabled and off work. SB 83 extends the wage replacement benefits under SDI from six weeks to eight weeks effective July 1, 2020.

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The United States Supreme Court Again Confronts The Reach Of The Establishment Clause

In American Legion, et al. v. American Humanist Association, et al., the United States Supreme Court, by split decision, ruled that a World War I memorial in Prince George's County, Maryland, consisting of a cross, did not violate the Establishment Clause of the First Amendment of the United States Constitution, which prohibits the government from establishing an official religion or favo

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Ninth Circuit Upholds District’s Unilateral Change Of Location Of IEP Services, Emphasizes Importance Of Academic Needs In LRE Analysis

On April 24, 2019, the United States Court of Appeals for the Ninth Circuit (Ninth Circuit) issued a decision inR.M. v. Gilbert Unified School District, No. 17-16722 (9th Cir. Apr. 24, 2019), in which the parents of a special education student (Plaintiffs) challenged the Gilbert Unified School District's (District) decisions to:...

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U.S. Supreme Court Overrules Precedent And Opens the Federal Court Door to Takings Lawsuits Before Exhaustion of State Law Just Compensation Remedies

The Supreme Court of the United States held in Knick v. Township of Scott that plaintiffs claiming a local government action has interfered with their use of property may bring their constitutional "takings lawsuit" under 42 U.S.C. section 1983 directly in federal court, and before exhausting other related state law remedies.

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New Law Clarifies Anti-Discrimination Laws Include Hair Discrimination

The California Legislature recently passed Senate Bill (SB) 188, known as the CROWN Act, which amends the definition of "race" contained in state anti-discrimination laws under both the Fair Employment and Housing Act and the Education Code to include "hair texture and protective hairstyles."

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Police Officer’s Pre-Promotion Conduct Could Be Basis to Rescind Promotion

On June 14, 2019 the California Court of Appeal for the Second Appellate District issued its opinion in Conger v. County of Los Angeles, finding that denying a police officer's promotion because of his conduct prior to the promotion, was not a violation of his rights and was instead a legitimate merit-based decision.

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