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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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State Department of Finance v. Commission on State Mandates (County of Los Angeles)(B292446)

May 20, 2020

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.

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California v. Texas (19-1019)

May 20, 2020

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.” 

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Browder v. Nehad (19-1064)

April 15, 2020

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.

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Williams v. County of Sonoma (A156819)

February 19, 2020

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.

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Contra Costa County Fire Protection District v. Public Employment Relations Board (A156897)

February 11, 2020

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.

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Golden Door Properties v. Superior Court (County of San Diego)(D076605)

February 11, 2020

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.

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City and County of San Francisco v. United States Department of Homeland Security (19-17213)

January 30, 2020

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,

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County of Tulare v. Lexington National Insurance Company (F078285)

January 8, 2020

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.

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In re Caden C. (San Francisco Human Services Agency v. C.C.) (S255839)

December 4, 2019

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.

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Canyon Crest Conservancy v. County of Los Angeles (B290379)

November 26, 2019

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.

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Sierra Club v. San Diego County (D075478)

November 5, 2019

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.

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In re County Inmate Telephone Service Cases (B291341)

October 28, 2019

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.

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City of Boise v. Martin (19-247)

September 24, 2019

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.

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Kaanaana v. Barrett Business Services (S253458)

September 23, 2019

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.

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County of Napa v. Superior Court (Soda Canyon Group)(A158076)

September 19, 2019

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.

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Chevron v. County of Monterey (H045791)

August 14, 2019

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.

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City of Los Angeles v. Metropolitan Water District of Southern California (B272169)

August 6, 2019

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.

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Busker v. Wabtec (S251135)

July 22, 2019

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. 

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Ruiz v. County of San Diego (D074654)

July 22, 2019

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.

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People v. J.H. (C088227)

July 22, 2019

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.

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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 Kirk Kleinschmidt, Director, Government Relations
1800 Harrison Street, 25th Floor
Oakland, CA 94612
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(510) 987-1247
kirk.p.kleinschmidt[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 Jeff Giadone, UHC, VP-CA Public SectorJennifer Schlecht, Optum, VP-CA Public Sector
(303) 881-0477
www.uhc.com

(805) 300-4529
jennifer.schlecht@optum.com
www.optum.com
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jgiadone[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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