Thought Leadership2020-10-21T10:10:27-07:00

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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.

Court of Appeal Upholds One-Term Limit and Salary Cap for County Supervisors

In San Bernardino County Board of Supervisors v. Monell (2023) 91 Cal.App.5th 1248, the Court of Appeal upheld a voter initiative setting an unprecedented one-term limit and significant salary reduction for the San Bernardino County Board of Supervisors. While courts have generally upheld term limits, this case tests the outer bounds of such laws. 

Supreme Court Holds Parents Deprived Of Reunification Services Not Entitled to Automatic Relief

In Michael G. v. Superior Court, the California Supreme Court (Kruger, J.) considered whether a juvenile court must automatically order the county to provide services beyond 18 months if it finds that the agency failed to provide reasonable services (here, between the 12- to 18-month extension period).  The Court held that the parent is not entitled to an automatic extension of services.

Chalking It Up to Nothing: The Ninth Circuit Upholds San Diego’s Chalking Practice Under the Special Needs Exception to the Warrant Requirement

Municipalities in California that rely on the practice of chalking tires to enforce parking restrictions can take solace in a recent Ninth Circuit decision that affirms the constitutionality of the practice and parts ways with Sixth Circuit precedent that had previously raised constitutional questions about

FPPC Guidance on New Campaign Contribution Restriction for Local Elected Officials

At its November meeting, the Fair Political Practices Commission (“FPPC”) voted not to apply SB 1439 to campaign contributions received in 2022, prior to SB 1439’s effective date. Recently enacted by the Legislature, SB 1439 sets new limits on campaign contributions solicited or received by local elected officials.

Cadena et al. v. Customer Connexx, LLC et al

On October 24, 2022, the Ninth Circuit held that time spent by a specific group of call center workers booting up their computers was compensable under the Fair Labor Standards Act (FLSA) as “integral and indispensable” to their principal job duties. The Court’s decision in Cariene Cadena, et al. v. Customer Connexx, LLC, et al., 51 F.4th 831 (9th Cir. 2022) (“Cadena”) , reversed a district court ruling granting summary judgment to the employer-defendant.

California Adopts New Protections for Election Workers and Other Public Servants

The increasingly polarized political environment has taken a toll on election workers and other public servants. The California Legislature has noticed, recognizing in its most recent election legislation that 15 percent of the state’s election officials have retired since the 2020 election. In an ongoing effort to address this issue, Governor Newsom signed SB 1131 into law on September 26, 2022, establishing new protections for public officials from harassment, threats, and acts of violence. As an urgency statute, SB 1311 went into effect that same day.

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