Quintero v. City of Santa Ana – No. G031275, 114 Cal.App.4th 810 (2003).

A city attorney who frequently advises the city’s personnel board may not prosecute a case in front of that board, the Court of Appeal has held. The court ruled that “[f]or the Board to allow its legal adviser to also…

Health Net of California, Inc. v. Department of Health Services – No. C041197, 113 Cal.App.4th 284 (2003)

The Department of Health Services may not immunize itself by contract from damages claims, the Court of Appeal has held. DHS and a health plan agreed that if either party violated the law, the other party could sue for an…

Ocean Park Associates v. Santa Monica Rent Control Board – No. B164439 (Cal. App. January 7, 2004)

Santa Monica’s rent control ordinance does not permit the Santa Monica Rent Control Board to petition for rent decreases on behalf of all tenants in a building, the Court of Appeal has held. Though the Board may issue general rent…

American Financial Services Association v. City of Oakland – No. S119869

The California Supreme Court will decide whether an Oakland ordinance regulating “high cost home loans” is preempted by the State’s predatory lending statute. The ordinance prohibits lenders doing business with the City or its redevelopment agency from making high interest…

Carson Harbor Village, Ltd. v. City of Carson – No. 02-56213 (9th Cir. January 2, 2004)

Stop us if you’ve heard this before, but the Ninth Circuit has held that a mobilehome park owner’s challenge to the sufficiency of a rent increase permitted by a local rent board is not ripe until the owner exhausts state…

Hacienda Valley Mobile Estates v. City of Morgan Hill – No. 02-15986 (9th Cir. December 17, 2003)

A mobilehome park owner must exhaust state court remedies before challenging the constitutionality of a rent control provision, the Ninth Circuit has held. The Ninth Circuit ruled that under Williamson County Regional Planning Commission v. Hamilton Bank, 473 U.S. 172…

Independent Towers of Washington v. State of Washington – No. 02-35262 (9th Cir. November 18, 2003)

In another of a surprisingly broad array of decisions involving the extent to which state and local regulation of towing companies is pre-empted by federal law, the Ninth Circuit rejects a challenge by towing operators to the state operators to…

Gherebi v. Bush – No. 03-55785 (9th Cir. December 18, 2003)

In a decision with potentially broad implications for both national security and civil liberties, Judge Reinhardt’s majority opinion holds, over Judge Graber’s dissent, that the Executive Branch may not hold uncharged citizens in indefinite detention, in territory under the control…

U.S. v. Somsamouth – No. 02-50453 (9th Cir. December 18, 2003)

This case is noteworthy because it is a rare published decision upholding the criminal convictions of two recipients of Supplemental Security Income disability benefits for allegedly lying to the Social Security Administration about work activities they engaged in while receiving…

Raich v. Ashcroft – No. 03-15481 (9th Cir. December 17, 2003)

The plaintiffs are two seriously ill Californians who grow and use marijuana for their own medical needs upon the advice of their doctors. Such use is legal under California’s 1996 Proposition 215, Health and Safety Code § 11362.5, but unlawful…