In Discovery Builders, Inc. v. City of Oakland (2023) 92 Cal.App.5th 799, the First District Court of Appeal held an agreement between a developer and the City of Oakland was unenforceable to the extent it prevented the city from imposing new impact fees in the future. The court reasoned such a provision constituted an impermissible contracting away of the
Real Estate & Construction
First District Holds Neighbor is Not Eligible for Anti-SLAAP Relief Because His Conduct, Though Central to the Dispute, Did Not Form Basis For Writ of Mandate Petition
First District Holds Neighbor is Not Eligible for Anti-SLAAP Relief Because His Conduct, Though Central to the Dispute, Did Not Form Basis For Writ of Mandate Petition…
EIR For Fuel Reduction Plan Allowing For Future Adaptive Management Strategies To Be Finalized In the Field Contained Sufficient Project Description and Level of Detail, Court Holds
The Regents certified an EIR for a project aimed at reducing wildfire risk at UC Berkeley’s Hill Campus, located in the East Bay Hills. Environmental organizations filed suit, contending, relevant here, that the EIR included an inadequate project description. The groups generally contended that the…
CEQA Requires That An Infill Project Be Consistent With All Applicable General Plan Goals And Policies, A Less Flexible Application Of The Consistency Doctrine
(United Neighborhoods for Los Angeles v. City of Los Angeles (2023) 93 Cal.App.5th 1074)
CEQA’s infill exemption (Guidelines section 15332) is a very useful tool in the toolbox for streamlining CEQA review. This Guideline applies in cities and can be applied to sites up to five acres in size if substantially surrounded by urban development. (Note to the California Legislature:…
An Agency’s Failure to Follow CEQA is Not a Defense to an Enforcement Action to Remove Encroachments
(Anderson v. County of Santa Barbara (2023) 94 Cal.App.5th 554.)
It is not unusual in the non-urban parts of California for a property owner to install landscaping within a county right-of-way without ever securing an encroachment permit. In Santa Barbara County, like many jurisdictions, installing these improvements without County approval can be treated as a misdemeanor. Such work can also…
Newsletter | No. 11
July 2023Hey Friends, On February 3, 2023, I completed my 1000th F45 fitness class. F45 is team functional training. The workouts are 45 minutes and alternate daily between cardio and resistance training. And yes, the workouts are hard. I took my first F45 class on September 24, 2018. Although I had a trainer at the time and thought I was…
Time Blocking Your Daily Highlight
Time blocking is a time management strategy where you schedule tasks on your calendar so your work can’t be interrupted or scheduled over. It is a way for you to reclaim your day and get a better idea of how you’re using your time. Benjamin Franklin was an early adopter of time blocking. There are different methods for blocking your…
Strength to Strength by Arthur C. Brooks
“A roadmap for finding purpose, meaning, and success as we age.”All professionals will face an inevitable decline in performance because of aging. Studies show that when smart ambitious people who chase power and achievement early in their careers experience this decline, they become unhappy. In Strength to Strength, Arthur Brooks uses the examples of a well-known person he encounters…
Blurred Lines: The Enforceability of Non-Compete Agreements in California
California Business & Professions Code section 16600 invalidates agreements not to compete. However, in Techno Lite, Inc. v. EmCod, LLC, 44 Cal.App.5th 462 (2020), the Court ruled that section 16600 does not apply to an employee’s promise not to compete against his current, as opposed to former, employer. Scott Drucker and Arik Nirenberg were salesmen for Techno Lite. They formed…
Are You Getting the Most Out of Your Court Filings?
Today, most of our client advocacy as attorneys is accomplished through writing. Persuasive writing is therefore essential. Persuasive writing is the art of informing and persuading the court why your client should win.Develop a case theory early. Your theory should present a simple and compelling answer to the question: “why should your client win?” In more complicated cases, you may…