Public BLAWG Blog

AB 44: New Law Requires Contractors to List Subcontractor License Numbers on Bids

Attorney Authors: 

Existing law under the Subletting and Subcontracting Fair Practices Act requires prime contractors bidding public construction projects to list the names and locations of each subcontractor performing work for a public works project.  The statute calls for contractors to identify each subcontractor performing more than one-half of one percent of the contractor’s total bid, or $10,000, whichever is greater.  (Public Contract Code Section 4104).

Calistoga Case: Not Just Anyone Can Sue A City!

Attorney Authors: 

It is a fundamental concept in litigation that the party seeking relief must have some real, beneficial interest in the outcome of the case.  A plaintiff cannot sue a city or other public entity simply because he or she does not like a certain policy or practice; the plaintiff must have standing to bring the lawsuit, which may either be conferred by law or because the plaintiff has suffered some sort direct or indirect harm. A February 3 published decision by the 1st District Court of Appeal clarifies this concept further, finding that neither a plaintiff’s status as a payer of sales tax in a given area—nor as a state citizen seeking redress for past government misconduct—meet the requirements for bringing such an action.

Third Time Is The Charm: CalPERS May Appeal City Of San Bernardino’s Bankruptcy Eligibility To Ninth Circuit

A federal judge has ruled that CalPERS may appeal to the Ninth Circuit a bankruptcy judge’s decision allowing the City of San Bernardino’s petition for Chapter 9 bankruptcy.  As we previously reported here, U.S. Bankruptcy Judge Meredith Jury ruled in August that San Bernardino is eligible for Chapter 9 bankruptcy protection.

Ninth Circuit Upholds Plaintiff Attorneys’ Fee Award Over 25 Times the Jury Award in Discrimination Case

In a recent decision, the Ninth Circuit held that the district court did not abuse its discretion in awarding the prevailing plaintiff $697,971.80 in attorneys’ fees where the jury awarded her only $27,280 in damages.  The clear message from the decision is that even relatively modest legal transgressions under the Fair Employment and Housing Act (“FEHA”) can result in a significant damage award against an employer.

And The Beat Goes On . . .

The Associated Press is reporting that the American Civil Liberties Union (“ACLU”) filed suit against the Federal Housing Finance Agency (“FHFA”) alleging Freedom of Information Act violations, claiming the agency collaborated with the financial industry (banks) to block cities from using eminent domain to prevent foreclosures.   The ACLU and other groups requested information regarding and supporting FHFA’s decision to oppose the City of Richmond’s plan to seize land through eminent domain in order to prevent foreclosures.   The suit seeks an order directing the FHFA to turn over all documents related to communications and meetings with financial industry groups and banks,  including those relating to Richmond’s offer to buy underwater mortgages from residents.

Syndicate content