Public BLAWG Blog

California Supreme Court Clarifies That Pitchess Procedure May Be Used In Administrative Officer Discipline Proceedings

Attorney Authors: 

The well-established Pitchess motion procedure, codified in sections 1040-1047 of the Evidence Code, governs the manner in which peace officer personnel records may be produced to others.  Peace officer personnel records are subject to strong confidentiality protections, but are sometimes relevant to issues in criminal and civil court proceedings.  Those same records can also have relevance in peace officer discipline proceedings, but those proceedings are administrative and do not occur in the courts.

Recycled Water Systems for New Construction Will Be Mandatory

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The ongoing drought is pushing the development of government efforts to increase use of recycled water.  AB 2282 is the latest effort to plan for future recycled water use, by requiring recycled water systems in newly constructed buildings in certain circumstances.  During the 2016 Intervening Code Adoption Cycle, the Department of Housing and Community Development (HCD) must (1) research, and (2) submit for adoption mandatory building standards for the installation of recycled water systems for newly constructed single-family and multifamily residential buildings.  The California Building Standards Commission (BSC) is responsible for the same research and adoption of standards for commercial and public buildings.   (Health and Safety Code sections 17921.5 and 18940.6.) 

Do you Design Build? New Law Revamps Design Build Procurement Requirements For All Public Projects Throughout The State

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On September 30, 2014, Governor Jerry Brown signed in to law Senate Bill 785 which, among other things, updates and rewrites the statutory law relating to design-build procurement for public projects throughout the State.  The new law goes in to effect on January 1, 2015.

Court Upholds Imposition of Documentary Transfer Tax on Legal Entity Change in Ownership

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In its September 22nd decision, 926 North Ardmore Ave., LLC v. County of Los Angeles, the Court of Appeal determined that the sale of a partnership that owned a limited liability company that held title to real property was a “change of ownership” that triggered imposition of the county’s documentary transfer tax.  The county imposed the tax on the limited liability company, or “Ardmore.”

Don’t Forget Your Reusable Bags!

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On September 30, 2014, Governor Brown signed into law a bill making California the first state in the nation to ban single-use plastic bags.  Consumers may either use their own reusable bags or pay at least ten cents for a paper bag or a multi-use plastic carrier that meets a set of state durability standards.  More than 100 California cities and counties have already passed regulations banning plastic bags.  (See list.)  These existing regulations may still be enforced, but the law preempts municipalities from adopting new regulations of single-use plastic bags, meaning those adopted on or after September 1, 2014, and restricts amendments to existing regulations.  Grocery stores, big bulk retail stores that sell groceries and pharmacies statewide must phase out the use of plastic bags by July 1, 2015.  The ban will expand to cover convenience stories and liquor stores one year later, on July 1, 2016.  

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