by Elias E. Guzman
In Acosta v. Glenfed Development Corp. (2005) 128 Cal.App.4th 1278, the court of appeal recently held that a developer/general contractor can be liable long after the 10 year statute of limitation period for the willful misconduct of subcontractors involved in the project.
Continue Reading Exception to 10-Year Statute of Limitations Rule for Construction Defect Litigation
As a general limitation, the Unruh Civil Rights Act (Civ. Code, §§ 51-51.4), bars any form of discrimination in residential developments unless expressly permitted. Senior citizen housing is one of the exceptions. In order to comply with the Act, the development is subject to limitations impacting physical design, age and related occupancy, and operation of
by William W. Abbott Concerned over the supply of affordable housing, the Legislature has in recent years sought to create incentives for developers. One incentive area involves density bonuses. (Gov. Code, § 65915.) Although this concept has been embodied in the state zoning law for a number of years, it failed to achieve its purpose
by Elias E. Guzman
In Woodridge Escondido Property Owners Assn. v. Nielsen (2005) 130 Cal.App.4th 559, the court of appeal recently affirmed a trial court’s ruling that a homeowner’s construction of a wooden deck encroached upon a side yard easement in violation of the homeowner associations’ declaration of covenants, conditions, and restrictions (“CC&Rs”).
Continue Reading Woodridge: Encroaching Decks and CC&Rs?
by Joel Ellinwood, AICP
The anti-discrimination law of California (Fair Employment and Housing Act or “FEHA”) (Gov. Code, § 12900 et seq.) and the federal Americans with Disabilities Act (“ADA”) (42 U.S.C. § 12101 et seq.) require that newly constructed dwellings be accessible. Under the FEHA, “covered multi-family dwellings” for which building permits are applied after July 1, 2005, must be designed to be accessible for and useable by disabled persons. (Gov. Code, § 12955.1). This somewhat awkward term is even more inartfully and obscurely defined in Government Code section 12955.1.1, as meaning:
* A building with at least four condominium units or three rental units if the building has an elevator; or,
* The ground floor of dwelling units in buildings with at least four condominium units or three rental units if the building does not have an elevator.
Continue Reading California Multi-Family Development Accessibility Requirements (aka “Universal Design”)
Bill Abbott was recognized again by the publishers of Law and Politics and San Francisco Magazine as a leading practitioner in the field of land use law in Northern California.
Bill Abbott was also a finalist for the “Boss of the Year” award and was honored by the Sacramento Legal Secretaries Association.
by Elias E. Guzman
In Endangered Habitats League v. County of Orange (2005) 131 Cal.App.4th 777, an appellate court determined that project approvals and findings must be consistent with a county’s general plan. The court also found that an environmental impact report (“EIR”) must provide sufficient information to the lead agency in order to make an informed decision.
Continue Reading General Plan Consistency and EIR Sufficiency
by William W. Abbott and Janell M. Bogue
It can safely be said that CEQA has gone to the dogs. In Lighthouse Field Beach Rescue v. City of Santa Cruz (2005) 131 Cal.App.4th 1170, we learn that failure to document the possibilities for changes in what most of us understand to be normal canine behavior may be the basis to invalidate an initial study, and in turn, a negative declaration.
Continue Reading See Spot Write an Expanded Initial Study
by William W. Abbott
Can a public official who violates Government Code section 1090 sue the agency and the agency’s legal counsel (on whose advice the official arguably relied) for damages? As decided in the recent case of Chapman v. Superior Court (2005) 130 Cal.App.4th 261, the answer is no. Section 1090 operates as a specific prohibition against public officials from having a financial interest in contracts involving the public entities they serve. This obligation is separate from the more stringent requirement of the disclose and refain rules of the Political Reform Act. (Gov. Code, § 81000 et seq.)
Continue Reading Chapman v. Superior Court: Public Officials Should Use Caution
by William W. Abbott Most readers of this newsletter are already aware that the evidentiary threshold necessary to push a ND into an EIR is relatively low. In a June 2005 Abbott & Kindermann article, we discussed the decision of Pocket Protectors v. City of Sacramento (2004) 124 Cal.App.4th 903, a Third Appellate District decision. On the heels of Pocket Protectors now comes Mejia vs. City of Los Angeles (2005) 130 Cal.App.4th 322, another court of appeal decision, now from the Second Appellate District. Maria Mejia, a non-lawyer, beat both the City Attorney’s office and developer’s legal counsel twice, winning multiple arguments along the way. The project history, and her winning arguments, are as follows:
Continue Reading Negative Declarations: Fair Argument, Qualitative and Quantitative Analysis
