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California State Association of Counties

CSAC Litigation Coordination Program

Overview

CSAC Litigation Coordination Program

April 2, 2019

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.

 

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Cultiva La Salud v State of California (C095486)

January 4, 2023

In this case, CSAC challenges the legality of statutory provisions that impose penalties against local government for exercising their otherwise lawful powers. CSAC’s brief was drafted by Michael Colantuono and Abigail Mendez at Colantuono, Highsmith & Whatley in Grass Valley.

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Johnson v. City of Grants Pass (20-35752)

November 28, 2022

CSAC has filed an amicus brief urging the Ninth Circuit Court of Appeals to grant rehearing to this case that expanded the holding of Martin v. City of Boise in several ways, including authorizing a class action in jurisdictions where there are more homeless individuals than there are available shelter beds. CSAC’s brief, drafting by its Litigation Counsel Jennifer Henning, argues that such class certification violates court rules and notes that camping ordinances are just one of many tools local governments are using to address the complex problem of homelessness.

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Claremont Canyon Conservancy v. Regents of the University of California (A165012)

November 28, 2022

The case discusses the specificity required by CEQA in regulatory programs, such as a fire mitigation program. CSAC’s brief, prepared by R. Tyson Sohagi at The Sohagi Law Group in Los Angeles, explains why CEQA gives local agencies project description flexibility and urges the court not to rely on an early case requiring too much specificity in a project description too early in the process (Stopthemillenniumhollywood.com v. City of Los Angeles).

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Airlines for America v. City and County of San Francisco (22-15677)

November 28, 2022

CSAC’s amicus brief in this case addresses the role of public entities as market participants in commercial enterprises, which the brief argues should not be diminished even though the public entities have the ability in other circumstances to impose criminal penalties for violations of their ordinances. CSAC’s brief was drafted by Dolores Bastian Dalton of Goldfarb & Lipman LLP in Oakland.

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LACERA v. County of Los Angeles (21STCP03475):

November 3, 2022

This case raises the issue of whether the Board of Supervisors or a 37 Act Retirement Board has authority to create positions and set salaries for county employees who perform work for the retirement system. For most 37 Act counties, the retirement system employees are County employees and their positions and salaries are set by County ordinance. CSAC’s amicus brief, prepared by its Litigation Counsel Jennifer Henning, argues that only the Board of Supervisors can set salaries for County employees, even the County employees performing work for a 37 Act retirement system.

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Torres v. San Francisco Assessment Appeals Board No. 1 (A162440)

November 3, 2022

This case involves the proper assessment of a sports venue, here Oracle Park in San Francisco. CSAC’s amicus brief argues that the so-called “cost approach” used by the San Francisco Assessor is the proper way to assess the value of property like a sports venue, and that the Appeals Board’s use of “future functional obsolescence” was in error. CSAC’s brief was prepared by Rachel Neil in the Santa Clara County Counsel’s Office.

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Kirola v. City and County of San Francisco (21-15621)

November 3, 2022

One of the main issues in this case is whether class wide injunctive relief is available where plaintiffs have failed to show any systemic deficiencies in providing access to local government programs and services to individuals with disabilities. CSAC’s amicus brief, drafted by Erin Bernstein of Bradley Bernstein Sands LLP in Oakland, argues that such relief should not be available because it would contravene existing law and would mire even the most diligent local governments in endless litigation.

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Chevron USA v. County of Monterey (S271869)

November 3, 2022

This case addresses the proper application of preemption of local government regulation. Here, plaintiffs challenged a local ballot initiative creating an ordinance regulating oil and gas operations as preempted by state law. CSAC’s amicus brief argues that land use regulations such as the one at issue in this case are not preempted, and that plaintiff’s argument for how preemption is applied to local regulations would undermine well-settled legal principles, create confusion and litigation risk, and chill rightful exercises of local authority. CSAC’s brief was prepared by Sean Hecht at the UCLA School of Law.

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Wolf v. City of Millbrae (21-16649):

August 25, 2022

This case raises the issue of whether there is a requirement under the Americans with Disabilities Act to accommodate requests to mitigate alleged impacts caused by radiofrequency (RF) emissions from cellular towers when the Telecommunications Act specifically and FCC regulations specifically forbid local agencies from regulating RF emissions. CSAC’s amicus brief, drafted by Jeffrey Melching at Rutan & Tucker, LLP in Irvine, argues that plaintiff’s requested accommodations are per se unreasonable when they are specifically precluded by another federal statute.

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CSHV 1999 Harrison LLC v. County of Alameda (A163369)

June 22, 2022

This case raises the question of whether a corporation formed and owned by CalPERS can avoid property transfer taxes as a governmental entity. CSAC’s amicus brief argues that if CalPERS elects to obtain the benefits of a corporate structure, that corporation cannot also enjoy the benefits of a public entity (including exemption from transfer taxes) especially at the expense of local government revenue. CSAC’s brief was prepared by Ryan Dunn at Colantuono, Highsmith and Whatley in Grass Valley.

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In re Abigail G. (S271809)

June 13, 2022

In this case, the California Supreme Court will be deciding whether juvenile courts required to extend reunification efforts beyond the 18-month review when families have been denied adequate reunification services in the preceding review period. CSAC’s amicus brief argues the answer to that question is no because after reasonable reunification services are provided in the first 12-months, when the focus of the process is reuniting families, the process shifts towards permanency for the minor in order to advance their best interests. CSAC’s amicus brief was prepared by Alameda Senior Deputy County Counsel Samantha Stonework-Hand.

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County of Sacramento v. Everest Insurance Co. (22—15250)

May 31, 2022

This case raises the question of whether the California Insurance Code prohibits employment practices liability insurance. CSAC’s amicus brief provides the federal Ninth Circuit Court of Appeals with the practical and policy reasons that obtaining such insurance is important for public entities. The brief was prepared by Jeffrey Ehrlich from the Ehrlich Law Firm in Claremont.

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San Bernardino County Board of Supervisors v. Monell (E077772)

May 23, 2022

A ballot initiative in San Bernardino County would limit the members of the Board of Supervisors to one term in office, and cap their salaries at $5,000 per month, including all benefits and allowances. CSAC filed a brief in support of the Board, noting the significant policy considerations at stake in undercompensation of members of the Board of Supervisors. CSAC’s brief was drafted by its Litigation Counsel Jennifer Henning.

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SPAWN v. County of Marin (A162862)

May 23, 2022

This case raises the question of the appropriate timing under CEQA and planning law for adopting general plan implementation measures. CSAC’s brief, drafted by its Associate Counsel Laura Hirahara, argues for flexibility in adopting general plan implementation measures to allow for a thoughtful and details process.

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In re J.A. (Riverside County Probation Department v. Superior Court) (E077962)

April 25, 2022

This case addresses the problem of adult offenders who committed their offenses when they were minors being sentenced to youth treatment facilities. Here, the offender is 40 years old, well beyond the maximum age of 25 years for such facilities. CSAC’s amicus brief, drafted by Mona Williams in the Santa Clara County Counsel’s Office, explains the legal and practical difficulties of a court ruling sentencing an adult offender to a juvenile facility.

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Los Angeles Unified School District v. Superior Court (S269608)

March 25, 2022

This case involves the application of the Government Claims Act’s limitations on punitive damages against public entities with provisions allowing treble damages for some childhood sexual abuse claims. CSAC’s amicus brief, authored by its litigation counsel Jennifer Henning, argues that for a statute to override the Claims Act protections for public entities, it must do so explicitly. Statutory exceptions to Claims Act protections cannot be inferred.

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California Restaurant Association v. City of Berkeley (21-16278)

February 25, 2022

This case involves a challenge to Berkeley’s ordinance limiting connections to natural gas for new construction. CSAC’s amicus brief, which was drafted by Amy Turner at Columbia Law School in New York, argues for broad application of local police powers and narrow application of federal preemption standards in order for local governments to adopt ordinances and regulations that meet local needs.

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Ruelas v. County of Alameda (21-16528)

February 3, 2022

This case addresses whether the Labor Code’s minimum wage and overtime provisions apply to certain inmates engaged in work programs in county jails. CSAC’s brief, authored by its Litigation Counsel Jennifer Henning, argues that the statutory scheme grants discretion to the Board of Supervisors as to whether to pay wages.

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Broad Beach Geologic Hazard Abatement District v. All Persons Interested in the Matter of the Validity of Resolution 2017/09 of the Board of Directors of the Broad Beach Geologic Hazard Abatement District (B304699)

December 20, 2021

For purposes of making special assessments on property under Proposition 218, what constitutes a special benefit versus a public benefit? This case takes on that issue. CSAC’s brief, drafted by Kevin Siegel at Burke, Williams & Sorensen LLP in Oakland, argues that under the constitutional and statutory provisions and applicable case law, special benefits are properly assessed even if they have a collateral or incidental benefit to the public at large.

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Kinney v. Superior Court (County of Kern) (F082845)

December 20, 2021

This case addresses the issue of how Government Code section 6254, subdivision (f)(1) – the provision requiring release of certain arrest records – can be harmonized with Penal Code section 13300 – the provision prohibiting release of certain arrest records. CSAC’s brief, which was drafted by Jennifer Henning, CSAC Litigation Counsel, argues that the statutes are harmonized by finding that contemporaneous arrest records must be disclosed as a check on government action and to serve the immediate need of members of the public to know where an individual is being held, but identifying records that are no longer contemporaneous are exempt from disclosure under the Public Records Act.

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November 16, 2017 Beth Hester, Vice President External Affairs
3055 Comcast Circle
Livermore, CA  94551 
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(925) 424-0972 x0174 
beth_hester[remove-this-and-replace-with-at]comcast.com
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  • www.business.comcast.com
Platinum Member

PRISM l Public Risk Innovation, Solutions and Management

June 30, 2015 Rick Brush, Chief Member Services Officer
75 Iron Point Circle, Suite 200
Folsom, CA 95630
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(916) 850-7300
rbrush[remove-this-and-replace-with-at]csac-eia.org
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  • www.priskrisk.gov
Platinum Member

DLR Group

June 21, 2013 Dan Sandall, Business Development
1050 20th Street, Suite 250
Sacramento, CA 95811
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(310) 804-7997
dsandall[remove-this-and-replace-with-at]dlrgroup.com
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  • www.dlrgroup.com
Platinum Member

Dominion Voting Systems

June 21, 2013 Steve Bennett, Regional Sales Manager
26561 Amhurst Court
Loma Linda, CA 92354
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(909) 362-1715
steven.bennett[remove-this-and-replace-with-at]dominionvoting.com
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  • www.dominionvoting.com
Platinum Member

Enterprise Fleet Management

March 20, 2014 Lisa Holmes, State of CA Contract Manager
150 N. Sunrise Ave
Roseville, CA 95661
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(916) 240-1169
Lisa.m.holmes[remove-this-and-replace-with-at]ehi.com
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  • www.enterprise.com
Platinum Member

Hanson Bridgett LLP

July 23, 2013 Paul Mello, PartnerSamantha Wolff, Partner
425 Market Street, 26th Floor
San Francisco, CA 94105
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(415) 777-3200
pmello[remove-this-and-replace-with-at]hansonbridgett.com
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  • www.hansonbridgett.com
Platinum Member

Healthnet

June 19, 2017 Allison Barnett, Senior Director Government Affairs
1201 K Street, Suite 1815
Sacramento, CA  95814
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(916) 548-2989
allison.barnett[remove-this-and-replace-with-at]healthnet.com
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  • www.healthnet.com
Platinum Member

Kaiser Permanente

June 21, 2013 Jennifer Scanlon, Managing Director, Community and Government Relations
1950 Franklin St, 3rd Floor
Oakland, CA 94612
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(510) 987-2373
Jennifer.Scanlon[remove-this-and-replace-with-at]kp.org
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  • www.kp.org
Platinum Member

Nationwide Retirement Solutions

June 21, 2013 Rob Bilo, Regional Vice President
4962 Robert J Mathews Parkway, Suite 100
El Dorado Hills, CA 95762
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(916) 939-2127
bilor[remove-this-and-replace-with-at]nationwide.com
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  • www.nrsforu.com
Platinum Member

Synoptek

July 24, 2014 Eric Westrom, VP of Operational Planning and Strategy     
3200 Douglas Blvd., Ste. 320
Roseville, CA 95661
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(916) 316-1212
ewestrom[remove-this-and-replace-with-at]synoptek.com
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  • www.synoptek.com
Platinum Member

UnitedHealthcare/Optum

January 21, 2014 Michael Wall, UHC, VP-CA Public Sector
(303) 881-0477
www.uhc.com
www.optum.com
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mwall[remove-this-and-replace-with-at]uhc.com
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Platinum Member

Vanir Construction Management, Inc.

February 13, 2014 Bob Fletcher, Vice President of Business Development
4540 Duckhorn Drive, Suite 300
Sacramento, CA 95834
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(916) 997-3195
bob.fletcher[remove-this-and-replace-with-at]vanir.com
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  • www.vanir.com
Platinum Member

Western States Petroleum Association

March 13, 2017 Catherine Reheis-Boyd, President
1415 L St., Suite 600
Sacramento, CA 95816
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(916) 444-7750  
creheis[remove-this-and-replace-with-at]wspa.org
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  • www.wspa.org

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August 30, 2012

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October 22, 2012
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