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Appellate Court Addresses Evidentiary Issue Impacting Burgeoning Field Of Child Abuse Litigation Against Public Entities

In D.Z v. Los Angeles Unified School District, the California Court of Appeal clarified that California laws governing the evidence offered at trial require that courts use a two-step inquiry for all such evidence: First, determine the relevance of the evidence, and second, determine whether the court should exercise its discretion to exclude such evidence.

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“She Said, He Said”: Appellate Court Weighs In On Fairness Requirements In Student Sexual Assault Discipline Case

On April 23, 2019, a California appellate court ruled against a private college for failing to properly provide an accused student with a fair hearing in a sexual assault case that led to the student being suspended from college for two years.

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Local Governments Maintain Aesthetic Control Over Their Rights Of Way

A public agency's right to enforce reasonable aesthetic criteria on telecommunications installations is a valid exercise of power. So says the California Supreme Court in its recent ruling inT-Mobile West LLC v. City and County of San Francisco (T-Mobile) (April 4, 2019, S238001) __ Cal. __.

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Ninth Circuit Upholds Decision To Expel Student For Creating A “Hit List” And Solidifies Standard For Student Discipline For Off-Campus Expression.

Confirming a point which seems to make good sense, the Ninth Circuit Court of Appeals has held that school officials may discipline students for the student's off-campus expression, where the expression constitutes a credible, identifiable threat to others in the school community, even if the student did not intend to communicate such speech to any third party.

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Appellate Court Concludes That Public Entities May Initiate Substitution Of A Subcontractor

In Synergy Project Management, Inc. v. City and County of San Francisco, certified for publication on March 14, 2019, the California Court of Appeal concluded that awarding agencies, like prime contractors, have the power to request substitution of a subcontractor under Public Contract Code section 4107 (hereafter referred to as Section 4107).

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“Limited Due Process” Appropriate For Subcontractor Substitution Hearings

The California Court of Appeal recently outlined an appropriate level of due process required for a subcontractor substitution hearing.

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Letter Saves City From Potential Brown Act Violations

Sometimes public entities stumble despite their best efforts to dutifully comply with the Brown Act. Fortunately, the Brown Act allows these entities to fix certain violations by identifying the problem and promising never to do it again.

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Know Your Role, Know Your Risk

A Civic Center Act provision that allocates liability between a school district and the users of school facilities means what it says, according to a recent decision by the California Court of Appeal.

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First Published Case On Issues Raised By SB 1421, Which Requires The Disclosure Of Certain Police Records

The California Court of Appeal for the First Appellate District recently handed down a decision denying Walnut Creek Police Officers' Association's request to stay the enforcement of a February 2019 Superior Court ruling which allowed for the release police records pursuant to Senate Bill (SB) 1421.

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