CSAC sponsors a Litigation Coordination Program that is
administered by the County Counsels’ Association. The program is
directed by the Association’s Litigation Overview Committee,
consisting of county counsels representing all areas of the
state, in conjunction with a litigator coordinator with offices
in Sacramento.
The program monitors litigation of concern to counties statewide,
coordinates the defense of major multi-county litigation,
provides amicus (friend of the court) support where appropriate
and disseminates current information to county counsels in the
form of litigation alerts and updates on cases involving public
law issues.
For more information, contact Jennifer Henning, Executive
Director, County Counsels’ Association of California.
Following is a list of recent briefs that have been filed on
behalf of the Ligitation Coordination Program.
In this litigation, oil and gas interests are challenging a
voter-adopted ordinance limiting drilling and fracking. The
issue addressed in CSAC’s amicus brief is whether such an
ordinance is preempted by State or federal law. CSAC’s
brief urges the court to apply preemption principles is a way
that preserves local control and local police power authority.
In this Public Records Act case, CSAC has filed an amicus brief
taking the position that attorneys’ fees should not be awarded
against counties that take action to protect their residents’
personal rights, including the constitutional right to
privacy. The brief was drafted by Elisa Tolentino in the San
Jose City Attorney’s Office.
At the request of the federal court of appeals, the California
Supreme Court will be considering whether prevailing wage applies
to work done on “rolling stock” as opposed to “fixed
works.” CSAC’s amicus brief in the case was drafted by Lann
G. McIntyre at Lewis Brisbois in San Diego.
CSAC is supporting San Diego County in this inverse condemnation
case, arguing that a county cannot be held liable for damages
caused by a pipe that the county explicitly declined to accept
into the county system. CSAC’s brief was drafted by its
Associate Counsel Laura Hirahara.
The trial court in this case concluded that victim restitution
orders expire in ten years if they are not renewed by a
county. CSAC’s amicus brief challenges that conclusion,
raising the policy and statutory reasons that victim restitution
is different than other types of civil money judgments. The
brief was drafted by CSAC’s 2019 summer law clerk Brittany
Gamlen.
This case raises the issue of when the justification to use
deadly force ceases to exist. Specifically, can a jury
conclude that an officer is justified in firing a first shot, but
unjustified in firing a subsequent shot just seconds later?
CSAC’s amicus brief was drafted by Lee Roistacher at Daley & Heft
in Solana Beach.
CSAC has filed an amicus brief in a case pending in the
California Supreme Court that will address the following issue:
Does the California Public Records Act permit a public agency to
shift the cost of redacting exempt information from electronic
records to the party making the request for the records although
the cost of redaction cannot be required for paper records?
CSAC’s brief argues that local agencies are permitted by statute
to recoup such cost, and provides some context to the resources
required to comply with electronic records redactions.
This case raises the question of whether an agency’s adoption of
water rates are subject to referendum. The Court of Appeal
found that setting water rates is a legislative act, and
therefore is subject to referendum. The California Supreme
Court granted review. CSAC’s brief in the Supreme Court,
which was drafted by Michael Colantuono of Colantuono, Highsmith
& Whatley in Grass Valley, argues that such levies are not
subject to referendum, but are subject to the people’s initiative
power.
CSAC has filed a brief in support of Stanislaus County in the
California Supreme Court on the issue of whether issuance of a
groundwater well permit under the county’s ordinance is
ministerial, or whether it is discretionary and thus triggers
CEQA review. CSAC’s brief was drafted by its Associate
Counsel Laura Hirahara.
CSAC has filed an amicus brief in the California Supreme Court on
the issue of whether a defendant (in this case, a public agency)
who commits an intentional tort can be required to pay 100% of a
plaintiff’s damages when the defendant is only responsible for a
small percentage of the damages caused. The brief, which
was prepared by Derek Cole at Cole Huber, argues that Prop. 51’s
comparative fault requirements prevents such liability.
Thus, where the county was only 20% responsible for plaintiff’s
damages, it could not be required to pay 100% of the damages
award.
This case raises the question of whether private counsel
representing a minor in an appeal in a dependency matter is
entitled to attorneys’ fees under the private Attorney General
statute (Code of Civil Procedure section 1021.5). CSAC’s
brief, drafted by Elizabeth McDonald Muniz in the San Francisco
City Attorney’s Office, argues that because minors are provided
counsel by the courts, allowing attorneys’ fees for private
counsel is not authorized by statute and creates perverse
incentives that contravene the purposes of the child welfare
system.
CSAC filed a brief in the California Supreme Court on the issue
of how remedies are applied under the Unfair Competition
Law. CSAC’s brief, drafted by Yvonne Mere and Owen Clement
in the San Francisco City Attorney’s Office, pushes back against
the arguments that UCL remedies cannot be enforced statewide.
The CSAC Board of Directors adopted a policy that opposes efforts
to “reverse expansions to the Medi-Cal program, which will shift
the responsibility of providing these individuals with healthcare
from the Medi-Cal program to counties, which are required to
provide services to the medically indigent.” Consistent
with that policy, this amicus brief, drafted by Lorraine Van Kirk
in the Santa Clara County Counsel’s Office, informs that Fifth
Circuit Court of Appeals of the serious negative consequences
that counties will suffer if a trial court ruling striking down
the Affordable Care Act in its entirety is affirmed.
CSAC’s amicus brief in this case addresses two important CEQA
issues: (1) Whether further environmental review is required
under a program EIR for a project that is determined to be
consistent with the EIR; and (2) The degree to which social and
psychological impacts must be considered in an environmental
review. CSAC’s brief was drafted by its Litigation Counsel
Jennifer Henning.
In this case, CSAC argues that when a public agency brings a
public nuisance action under State law in State court, it is
improper to allow defendant to remove the case to federal
court. CSAC’s amicus brief was drafted by Luke Edwards in
the Santa Clara County Counsel’s Office.
CSAC has filed an amicus brief in support of El Dorado County in
this Mitigation Fee Act case. At issue in this case is the
question of what statute of limitations applies to claims for
refunds under the Act, and whether a claimant must show harm or
substantial injury caused by the local agency prior to being
eligible for a fee refund. CSAC’s brief was drafted by its
Litigation Counsel Jennifer Henning.
CSAC supported Sonoma County efforts to have the Ninth Circuit
reconsider a case addressing the County’s application of a State
law requiring a 30-day vehicle impoundment is a driver is cited
for operating a vehicle without a license. The amicus brief
argues that the impoundment does not violate the Fourth
Amendment, and that the County cannot be held liable for
implementing the State’s policy. CSAC’s brief was drafted
by its Litigation Counsel Jennifer Henning.
This appeal, pending in the federal Ninth Circuit Court of
Appeals, raises the question of when a case can be removed from
state court to federal court. CSAC’s amicus brief makes the
argument that public nuisance claims, such as the one at issue in
this case, are quintessentially state law claims that are not
properly removed to federal court, and that allowing such removal
would eliminate the right of counties acting as plaintiffs to
pursue their claims in the venue of choice. CSAC’s amicus
brief was drafted by Laura Trice and Luke Edwards in the Santa
Clara County Counsel’s Office.
CSAC is supporting the City of Newport Beach’s request to the
United States Supreme Court to review a case that raises the
issue of whether and how the Americans with Disabilities Act
applies to law enforcement responding to an exigent
situation. CSAC’s brief was drafted by Lee Roistacher at
Daley & Heft in Solana Beach.
In this case pending at the Ninth Circuit Court of Appeals,
CSAC’s amicus brief addresses two important aspects of
administrative hearings before local governmental bodies: (1)
what level of deference should be afforded to the local agency;
and (2) whether the court can consider evidence outside of the
record when reviewing a local agency’s determination.
CSAC’s brief was drafted by Susan Greenberg in the Santa Clara
County Counsel’s Office.
