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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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Ray v. County of Los Angeles (20-56245)

May 11, 2021

The Ninth Circuit Court of Appeals is considering the issue of whether a County should be considered an “employer” of IHSS providers for purposes of Fair Labor Standards Act overtime liability. CSAC’s amicus brief provides the court with context concerning the IHSS program, noting that IHSS recipients are granted the ability to hire, fire, train, and control working conditions of providers, and counties are therefore not FLSA employers. CSAC’s brief was drafted by its Litigation Counsel Jennifer Henning.

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Post

Conservatorship of E.B. (S261812)

April 12, 2021

The California Supreme Court is considering whether a proposed LPS has a right not to testify at the trial on his or her conservatorship.  CSAC’s amicus brief, which was prepared by William Sias in the Los Angeles County Counsel’s Office, reviews the case law on the differences between criminal and conservatorship proceedings, and why the right not to testify at trial should not be imposed from the criminal context into LPS conservatorship trials.

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Post

California Renters Legal Advocacy and Education Fund v. City of San Mateo (A159320)

April 1, 2021

This case arises under the Housing Accountability Act’s requirement that a project is “deemed consistent” with objective standards if there is substantial evidence that would allow a reasonable person to conclude that the project is consistent, regardless of what the local agency governing board decides.  CSAC’s brief argues that the provision has no bearing on a local agency’s interpretation of its own enactments. The brief also explains what an objective standard is for purposes of the statute, and raising some constitutional concerns with the statutory provision. CSAC’s brief was drafted by RCRC’s General Counsel Arthur Wylene.

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Post

Zolly v. City of Oakland (S262634)

April 1, 2021

This case involves the relationship between Prop. 218 and franchise fee agreements.  CSAC amicus brief, which was drafted by Lutfi Kharuf at Best Best & Krieger in San Diego, notes that franchise fee agreements are subject to referenda, and that the fees are limited by negotiations and market forces.

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Post

Dart v. Mays (20-990)

March 1, 2021

CSAC is encouraging the United States Supreme Court to hear a case out of Cook County, Illinois, raising a critical issue: What standard do courts apply in reviewing claims challenging medical conditions of confinement in jails brought by pretrial detainees?  The federal Courts of Appeals are divided on this issue, with some concluding that such claims should be evaluated in the same manner as convicted prisoners, and other courts, including the Ninth Circuit in California, finding that a lesser standard of review should apply to claims brought by pretrial detainees.  CSAC’s brief was drafted by Gregory Champagne of the St. Charles Parish Sheriff’s Office in Louisiana.

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Post

Yellowstone Women’s First Step House v. City of Costa Mesa (19-56401)

February 19, 2021

The brief CSAC filed in this case advocates for the ability of local government to exercise their police powers over sober living homes and substance abuse treatment facilities through non-discriminatory zoning and other land use regulations.  CSAC’s brief was drafted by Rachel Lerman at Barnes and Thornburg, LLP in Los Angeles.

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Post

State of New York v. U.S. Dept. of Homeland Security (20-2537)

January 13, 2021

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 Second Circuit Court of Appeals challenging the 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, jo

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Post

Miner’s Camp v. Foresthill Public Utility District (C088828)

January 13, 2021

Do Proposition 218 challenges to new taxes and fees require exhaustion of administrative remedies?  In this amicus brief, CSAC argues that the answer to that question is yes, and that the exhaustion requirement is needed to ensure that agencies can know challenges to their actions will be limited to those they have had opportunity to address.  The brief was drafted by Dan Hentschke in the Santa Barbara City Attorney’s Office, Lufti Kharuf at Best Best & Krieger in San Diego, and Michael Colantuono at Colantuono, Highsmith & Whatley in Grass Valley.

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Post

Old East Davis Neighborhood Association v. City of Davis (C090117)

January 13, 2021

In this CEQA case, CSAC has filed an amicus brief emphasizing that local governments must be granted deference in interpreting their own land use policies, and in making determinations about whether a project is consistent with the agency’s policies and general plan.  The brief was drafted by Adam Hoffman at Hanson Bridgett in Sacramento.

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Post

Newsom v. Superior Court (Gallagher) (C093006)

December 19, 2020

CSAC has filed an amicus brief asking the Court of Appeal to provide clarity concerning a trial court ruling and injunction that potentially impacts a wide variety of Executive Orders that counties and other public agencies rely upon to maintain continuity of services in emergencies.  The brief notes that the lack of clarity in the trial court’s order has created uncertainty about the validity of orders, many of which were requested by counties, involving not only COVID, but also wildfires and extreme heat emergencies.

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Post

New Harvest Christian Fellowship v. City of Salinas (20-16159)

December 9, 2020

 CSAC has filed an amicus brief in the federal Ninth Circuit Court of Appeal in a case the addresses application of a neutral land use regulation designed to revitalize a downtown area to a religious institution.  The amicus brief, drafted by Victoria Wong in the San Francisco City Attorney’s Office, makes the point that a local government’s police power that is applied in an non-discriminatory manner and provides the religious institution with viable alternatives does not violate the Religious Land Use and Institutionalized Persons Act.

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Post

Bezis v. City of Livermore (19-17386)

November 6, 2020

This case looks at the tools that are available to local governments to manage public meetings.  In particular, this case examines the ability to limit public comments on an agenda item to the subject matter under consideration.  CSAC’s amicus brief, drafted by Javan Rad in the Pasadena City Attorney’s Office, argues that local governments have a great deal of discretion in managing their meetings, and there is no First Amendment violation in a point of order requesting a public speaker to address the matter under consideration.

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Daly v. Board of Supervisors of San Bernardino County (S260209)

October 19, 2020

The California Supreme Court will be considering whether a person seeking to challenge whether a member of the legislative body has been properly seated must first seek leave from the Attorney General (a process known as quo warranto) before filing the lawsuit.  CSAC’s amicus brief, drafted by Karun Tilak and Stephanie Safdi in the Santa Clara County Counsel’s Office, argues that quo warranto is required to ensure orderly public administration.

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Post

Landwatch Monterey v. County of Monterey (H046932)

September 25, 2020

This case addresses the circumstances under which CEQA requires a draft Environmental Impact Report to be recirculated for public review and comment.  CSAC’s brief, drafted by Christian Marsh at Downy Brand in San Francisco, argues that lead agencies are entitled to deference in their decisions on whether to recirculate a draft document, and that adding new information to a draft that supports the same conclusions does not require recirculation.

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Post

City of Pismo Beach v. Pacific Harbor Homes (B296968)

September 10, 2020

This case involves the issue of whether a LAFCO can require indemnification agreements from applicants.  CSAC’s brief provides the court with the rationale for allowing such agreements.The brief was drafted by John Castro in the Santa Clara County Counsel’s Office.

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Post

Southwest Regional Carpenters v City of Los Angeles (B301374)

September 10, 2020

CSAC has filed an amicus brief in a case raising the issue of when changes to a project require recirculating an Environmental Impact Report under CEQA.  CSAC’s brief was drafted by Whitman Manley at Remy Moose Manley in Sacramento. 

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Post

Santa Clara Valley Water District v. San Francisco Bay Regional Water Quality Control Board (A157127)

August 13, 2020

This case challenges the ability of a regional water board from imposing conditions on a project after the EIR has been certified and project construction is underway.  CSAC’s brief, prepared by Kathryn Oehlschlager at Downey Brand in San Francisco, argues that that regional board was required to raise its concerns about the project during the EIR process, and that having failed to do so, it was precluded from later imposing mitigations on the project.

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Prang v. Amen Family Trust (B298794)

July 23, 2020

CSAC was invited by the Court of Appeal to file a brief in this case, which raises the issue of what type of stock is relevant for determining a change in ownership of property for purposes of property tax reassessment.  CSAC’s brief supporting the Los Angeles County Assessor was drafted by its Litigation Counsel Jennifer Henning.

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Post

District of Columbia v. United States Department of Agriculture (20-5136)

July 10, 2020

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.

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Chinese Theatres v. County of Los Angeles (B302708)

June 26, 2020

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. 

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June 21, 2013 Joseph Feliciani, Vice President
500 Eagles Landing Rd
Lakeland, FL 33810
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Comcast

November 16, 2017 Beth Hester, Vice President External Affairs
3055 Comcast Circle
Livermore, CA  94551 
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(925) 424-0972 x0174 
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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
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DLR Group

June 21, 2013 Dan Sandall, Business Development
1050 20th Street, Suite 250
Sacramento, CA 95811
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(310) 804-7997
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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
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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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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
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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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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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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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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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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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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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