City of Norwalk v. City of Cerritos (2024) 99 Cal.App.5th 977

In City of Norwalk v. City of Cerritos (2024) 99 Cal.App.5th 977, the Court of Appeal for the Second District addressed the appeal of a public nuisance action brought by the City of Norwalk (“Norwalk”) against the City of Cerritos (“Cerritos”

Diane G. Kindermann (2015-2024) and William W. Abbott (2004-2024) were again selected for the Northern California Super Lawyers List in the practice areas of Land Use and Zoning law. More information is available here.

Abbott & Kindermann, Inc. has been serving private and public clients in California on land use, environmental, and real estate matters

Planning & Conservation League v. Department of Water Resources (2024) 98 Cal.App.5th 726

In Planning & Conservation League v. Department of Water Resources (2024) 98 Cal.App.5th 726, the Third District Court of Appeal upheld the Department of Water Resources’ (“Department”) approval of amendments to existing water supply contracts under the State Water Project

Mojave Pistachio, LLC v. Superior Court (2024) 99 Cal.App.5th 605.

In Mojave Pistachio, LLC v. Superior Court (2024) 99 Cal.App.5th 605, the Fourth District Court of Appeal held that the “pay first, litigate later” rule applies to fees imposed by a local groundwater sustainability agency under the Sustainable Groundwater Management Act (“SGMA”). (Wat.

Vichy Springs Resort, Inc. v. City of Ukiah (2024) 101 Cal.App.5th 46.

In Vichy Springs Resort, Inc. v. City of Ukiah (2024) 101 Cal.App.5th 46, the First District Court of Appeal held completion of a project did not render claims against a city alleging CEQA violations moot because effective relief was still possible. Additionally, the

Sam v. Kwan (2024) 101 Cal. App. 5th 556.

The California Court of Appeal, Second Appellate District reversed a trial court’s decision in a real estate case of breach of fiduciary duty between two partners of an LLC. The case demonstrates that the bona fide purchaser doctrine will not protect a third-party buying the property

In Move Eden Housing v. City of Livermore (2024) 100 Cal.App.5th 263, the First District Court of Appeal held the Livermore City Council’s adoption of a resolution approving a development agreement was a legislative act subject to the referendum power.  This case is the latest iteration of a multi-year litigation battle targeting an affordable

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

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
Continue Reading 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

The Claremont Canyon Conservancy v. Regents of the University of California (2023) 92 Cal.App.5th 474.

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