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.
CSAC has filed an amicus brief in support of a challenge to
regulatory changes to the Supplemental Nutrition Assistance
Program (“SNAP”). The new rules remove a state’s discretion
to seek a waiver for certain work requirements for areas of high
unemployment or few available jobs. CSAC’s brief, drafted
by Meaghan VerGow at O’Melveny and Myers in Washington, D.C. and
a team of lawyers in the Los Angeles County Counsel’s Office,
highlights the serious policy implications of the new rules,
particularly in light of skyrocketing unemployment and job losses
caused by COVID-19 closures.
CSAC has filed an amicus brief in a case that will determine
whether attorneys’ fees are available under Revenue and Taxation
Code section 1161.6 on remand where the remand is only ordered to
correct the assessed value. CSAC’s amicus brief, drafted by
Walter DeLorrell in the San Diego County Counsel’s Office, argues
that allowing attorneys’ fees in such a circumstance is not
warranted under the statute, and to emphasize the public interest
in assuring that public funds are not expended on unauthorized
attorneys’ fee awards in property tax matters.
This case addresses how to determine whether a tax measure is a
general tax (requiring a majority vote) or a special tax
(requiring a 2/3 vote). CSAC’s amicus brief, drafted by
Benjamin Fay and Carolyn Liu at Jarvis, Fay and Gibson in
Oakland, sets out the relevant statutes and applicable case law
on this issue, and argues that a tax is not a “special tax”
merely because it identifies funding priorities.
CSAC has filed an amicus brief in the Court of Appeal in a
case that will decide whether certain requirements of a municipal
storm and sewer water discharge permit are mandates under the
California Constitution requiring reimbursement to cities and
counties for costs. CSAC’s brief was drafted by Shawn
Hagerty and Rebecca Andrews at Best Best & Krieger in San Diego,
and Christina Snider in the San Diego County Counsel’s Office.
The United States Supreme Court will be considering whether
reducing the penalty for violating the individual mandate in the
Affordable Care Act (ACA) to $0 renders the ACA
unconstitutional. The Court of Appeals concluded that the
“individual mandate is unconstitutional because it can no longer
be read as a tax, and there is no other constitutional provision
that justifies this exercise of congressional power.”
However, the court left open the question of whether the
individual mandate could be severed from the rest of the
ACA. CSAC’s amicus brief is based on its adopted policy
platform opposing shifts in health costs to counties, and
opposing 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.”
CSAC has filed a brief in the US Supreme Court on the issue of
what standards the court should apply when evaluating an
officer’s use of force. After an unsuccessful effort in the
Ninth Circuit Court of Appeals, CSAC’s brief argues that Supreme
Court review is needed because the Ninth Circuit is not following
the Supreme Court’s established standards for evaluating
constitutional claims involving use of force when there is a
mistaken, but reasonable, belief that a suspect is holding and
refusing the drop a weapon. CSAC’s brief was drafted by Lee
Roistacher at Daley & Heft in Solana Beach.
This case presents the question of what duty is owed by a county
to a high-speed cyclist training on county roads. CSAC’s
amicus brief, drafted by CSAC Litigation Counsel Jennifer
Henning, argues that the primary assumption of risk doctrine
applies and the County therefore owes no duty to such a cyclist
in the event of injury.
CSAC has filed a brief challenging a PERB ruling that a fire
protection district engaged in unlawful conduct when it referred
to “represented” and “unrepresented” management as short hand to
describe to different classes of employees during labor
negotiations. PERB concluded that those descriptions
amounted to evidence that the district discriminated against
represented employees. CSAC’s brief was drafted by Ryan
McGinley-Stempel, Jon Holtzman and Art Hartinger at the Renne
Public Law Group in San Francisco.
This case addresses the issue of whether CEQA’s administrative
record requirements effectively serve as a record retention
statute that requires a lead agency to retain all email for the
duration of a project’s consideration. CSAC amicus brief,
drafted by its Litigation Counsel Jennifer Henning, argues that
nothing in the CEQA administrative record statute requires lead
agencies to retain all drafts and transitory, unofficial email.
In furtherance of CSAC’s policy platform opposing policies that
have negative impacts on health and wellbeing outcomes, impose
county cost shifts, or increase administrative burdens in
healthcare delivery, CSAC has filed an amicus brief in a case
pending in the Ninth Circuit Court of Appeals challenging the new
federal “public charge” rule, which would condition lawful
immigration status on an individual not accepting SNAP
assistance, Section 8 housing assistance, Section 8 project-based
rental assistance, Medicaid (with certain exceptions), and
Section 9 public housing. CSAC’s brief,
In this bail bond forfeiture case, CSAC argues that bail bond
enterprises should not be able to avoid otherwise valid bond
forfeitures by asserting that the bond violates a criminal
defendant’s constitutional right when the defendant and his
lawyer did not raise those objections. CSAC’s brief was
drafted by Kavita Narayan in the Santa Clara County Counsel’s
Office.
The California Supreme Court is considering two important child
dependency issues in this case: (1) what standard governs
appellate review of the beneficial parental relationship
exception to adoption; and (2) whether a showing that a parent
has made progress in addressing the issues that led to dependency
is necessary to meet the beneficial parental relationship
exception. CSAC’s brief was drafted by Caitlin Rae and
Tahra Broderson in the San Diego County Counsel’s Office.
This case raises a question of first impression: whether
obtaining an administrative stay order (Code of Civil Procedure
section 1094.5(g)) makes one a “successful party” for purposes of
seeking private attorney general fees. CSAC argues that
because a stay order is not a determination on the merits, any
attorneys’ fees must be sought under a catalyst theory.
CSAC’s brief was drafted by its Litigation Counsel Jennifer
Henning.
When a public agency is considering greenhouse gas emissions and
offsets in its environmental review documents for a climate
action plan, can it consider offsets that occur outside of the
county? CSAC’s amicus brief argues that answer to this
question is yes— “a community’s emissions are those that the
local government has the capacity to affect and influence, not
simply the emissions that happen to be countable within its
boundary.” CSAC’s brief was prepared by Sonoma County
Deputy County Counsel Verne Ball.
This case raises the question of whether revenue generated from
contracts between counties and private businesses amounts to a
tax on the people who use the services provided by the
contractor. CSAC’s amicus brief argues that there is
significant legal and policy support for such contractual
arrangements, and that the revenue generated therefrom is not a
tax on the payor. CSAC’s brief was drafted by Joshua
Heinlein and Jeffrey Michalowski in the San Diego County
Counsel’s Office.
CSAC has joined with 33 other California Cities and Counties
urging the United States Supreme Court review a Ninth Circuit
Court of Appeals opinion holding that enforcing anti-camping
ordinances violates the Eighth Amendment right to be free from
cruel and unusual punishment when there is not alternative
shelter space available. CSAC’s brief asks the Court to
clarify the contours of the opinion, and notes how the broad
restriction adopted by the Ninth Circuit makes it more difficult
to provide services to the homeless population in
California. The brief was drafted by Teresa Stricker and
Ryan McGinley-Stempel at the Renne Public Law Group in San
Francisco.
The California Supreme Court is considering the scope of the
State’s prevailing wage law in this case. CSAC’s amicus
brief looks at the history and purpose of the prevailing wage
law, and argues that prevailing wage properly applies to
construction or infrastructure, but not to operational
work. The brief was prepared by Lann McIntyre and Claire
Collins at Lewis Brisbois in San Diego and Los Angeles.
CSAC is supporting Napa County in this case, which raises the
issue of when a local agency must reconsider a project approval
based on events that occur after the project approval.
CSAC’s brief, which was drafted by Brooke Miller in the San Diego
County Counsel’s Office, argues that consideration of this type
of non-record evidence undermines the need for finality, and will
leave investors and developers in a perpetual state of
uncertainty.
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.
