California Supreme Court Clarifies Scope of California Voting Rights Act

The 2001 California Voting Rights Act (“CVRA”) made it easier for minority groups to prove that local electoral systems undermine their voting power. Appellate courts have adopted different interpretations of what constitutes minority vote dilution. In Pico Neighborhood Ass’n v. City of Santa Monica (Aug. 24, 2023), the California Supreme Court found that vote dilution under the CVRA requires more than racially polarized voting.

2023-09-28T14:39:23-07:00September 28th, 2023|

California Supreme Court Limits Governmental Immunity Statute That California Courts of Appeal Had Read More Broadly

The California Supreme Court recently rejected the Court of Appeal’s broad reading of Government Code section 821.6, which shields public employees acting within the scope of their employment from liability for “instituting or prosecuting any judicial or administrative proceeding” even if the action is “malicious and without probable cause.” The purpose of the statute is to protect public officials from malicious prosecution actions, but the plain language is broad enough to cover other types of tortious conduct.

2023-07-07T16:34:18-07:00July 5th, 2023|

Building on the Supreme Court’s 2020 Vested Rights Opinion, the First District Court of Appeal Further Expands the Rationale For Modifying Pension Benefits

Wilmot demonstrates that the analytical framework provided by the Supreme Court has applications far beyond the “pension spiking” addressed in that case, and potentially provides a basis to uphold other types of pension reform directed at system loopholes or abuses.

2021-03-08T07:55:20-08:00February 26th, 2021|

Alameda County Deputy Sheriff’s Assn. v. Alameda County Employees’ Retirement Assn.: The California Supreme Court Limits the Scope of the So-Called California Rule Governing Vested Pension Rights But Remains Cagey On When The Rule Will Apply In the Future

On July 30, 2020, the California Supreme Court limited the California Rule in a variety of helpful ways, but ultimately found that the case did not present an opportunity to “revisit” the California Rule itself. We could be waiting a long time for a case that brings further clarity about the continuing vitality and scope of the California Rule.

2020-08-06T18:47:25-07:00August 6th, 2020|

An Unholy Mess: Recent Cases Confirm the Legislature, Courts and CalPERS Have Derailed the Public Agency Employee/ Contractor Distinction

The combination of recent court cases, legislation and pressure from CalPERS have all but destroyed venerable rules preventing "ghost" employees by increasingly modeling public employment rules on private sector rules.

2019-08-16T08:32:10-07:00August 8th, 2019|
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