Litigation

CPC Files Amicus Brief in Huntington Beach v. Newsom

CPC Files Amicus Brief in Huntington Beach v. Newsom

California Policy Center has filed an amicus brief supporting the City of Huntington Beach’s petition for rehearing en banc in the City’s challenge to California’s unconstitutional housing mandates.  A three-judge panel denied relief to Huntington Beach due to the South Lake Tahoe rule, a Ninth Circuit precedent that prohibits local governments like cities and school...

By California Policy Center

What the City of Santa Ana Does Not Want the Public to Know

What the City of Santa Ana Does Not Want the Public to Know

Longtime teacher Brenda Lebsack noticed some disconcerting statistics coming out of the Santa Ana Unified School District. Only 30% of students are proficient in reading and 20% are proficient in math, but graduation rates are at 91%. To raise awareness in the community, she called the City of Santa Ana seeking to place the following...

By Julie Hamill

CPC files amicus brief in support of Temecula school district

CPC files amicus brief in support of Temecula school district

CPC Amicus Brief in Support of District Read the Full Amicus Brief Here. In Mae M. v. Komrosky, the trial court upheld Temecula Valley Unified School District’s (“TVUSD”) resolution against teaching racist and divisive theories and policy requiring parental notification when students change their identity at school. Union plaintiffs appealed, contending that the district was attempting to establish...

By Julie Hamill

CPC Submits Amicus Letter to State Supreme Court in Support of Fresno Business Challenging Newsom’s COVID Shutdown Orders

CPC Submits Amicus Letter to State Supreme Court in Support of Fresno Business Challenging Newsom’s COVID Shutdown Orders

In 2018, Daryn Coleman and his wife invested their life savings into launching Ghost Golf, an indoor miniature golf venue. But, in 2020, their California business was shut down for more than a year due to Gov. Gavin Newsom’s statewide business shutdown orders during the COVID-19 pandemic. Under the governor’s “Blueprint for a Safer Economy,”...

By California Policy Center

Social Media Use for Public Officials – An Explainer Based on Lindke V. Freed and O’Connor-Ratcliff V. Garnier

Social Media Use for Public Officials – An Explainer Based on Lindke V. Freed and O’Connor-Ratcliff V. Garnier

Executive Summary In Lindke v. Freed, the United States Supreme Court adopted a two-part test to determine whether a public official’s conduct on social media rises to state action for purposes of 42 U.S.C. Section 1983 (“Section 1983”). The Court evaluated the question of when social media use crosses the line from private action to...

By Julie Hamill

Legal Update: Visalia Unified School District v. Public Employment Relations Board

Legal Update: Visalia Unified School District v. Public Employment Relations Board

Last month, the California Court of Appeal issued a decision in Visalia Unified School District v. Public Employees Relations Board, impacting personnel disputes in school districts throughout California. This is a must-read for all California school district HR directors. Overview: Despite finding that a school district’s decision to fire the union chapter president was retaliatory,...

By Julie Hamill

Legal Update on Cayla J. v. State of California

Legal Update on Cayla J. v. State of California

On February 1, Public Counsel announced settlement of Cayla J. v. State of California, Alameda County Superior Court Case No. RG20084386. The LA Times explains the settlement in further detail. Nutshell California’s pandemic policies harmed children, especially minority students in low-income areas. The settlement includes a promise by State government defendants to propose legislation reallocating resources toward helping students most...

By Julie Hamill

Response to Court Temporarily Delaying Parental Notification Policy in Chino Valley Unified School District

Response to Court Temporarily Delaying Parental Notification Policy in Chino Valley Unified School District

SAN BERNARDINO —  State Attorney General Rob Bonta has declared war on California parents and local school boards. After school boards across the state adopted a Parental Notification Policy, Bonta filed a motion to prevent the Chino Valley Unified School District (CVUSD) from implementing the policy approved by the school board in July. A San...

By California Policy Center

CPC Asks State Bar to Investigate Attorney General Bonta for Misrepresenting Law to Intimidate School Board

CPC Asks State Bar to Investigate Attorney General Bonta for Misrepresenting Law to Intimidate School Board

The California Policy Center has asked the State Bar to investigate California Attorney General Rob Bonta for making false statements in an effort to intimidate Chino Valley Unified School District (CVUSD) trustees. CPC asserts that, in his letters and statements, Bonta misrepresented Department of Education guidance as binding law, and misrepresented federal law.  The complaint...

By California Policy Center

SCOTUS confirms unions can be sued for property damage

SCOTUS confirms unions can be sued for property damage

In an important ruling last week, the U.S. Supreme Court held that unions can be sued in state court for damages if striking workers intentionally destroy their employer’s property. The decision is a victory for employers that puts unions on notice that there are consequences for their reckless actions during strikes. In Glacier Northwest v....

By Houston Reese

Bounty Hunter Provision Drives CA Civil Rights Dept. Strategy that Hurts Workers & Drives Businesses Out of State

Bounty Hunter Provision Drives CA Civil Rights Dept. Strategy that Hurts Workers & Drives Businesses Out of State

SACRAMENTO —  A California Policy Center report released today reveals that financial incentives allowing California’s Civil Rights Department (CRD) to fund its budget through attorney fees has created a monster. Today’s CRD has turned into a litigious bully that steps over plaintiff workers and strong arms companies for the department’s own financial gain — and civil...

By California Policy Center

Huntington Beach’s Lawsuit Challenges Newsom’s Housing Mandates

Huntington Beach’s Lawsuit Challenges Newsom’s Housing Mandates

We’ve seen Gov. Gavin Newsom impose questionable — even dangerous and illegal — policies by declaring states of emergency or merely “crisis” with regard to Covid, climate and energy. He’s done it again on the issue of housing. The problems of housing affordability and homelessness constitute a crisis so compelling, the governor says, that they...

By Will Swaim

CPC Files Amicus Brief to Defend the People’s Right to a Ballot Initiative in California

CPC Files Amicus Brief to Defend the People’s Right to a Ballot Initiative in California

California Policy Center filed an amicus brief in Castellanos v. California, detailing the flaws in the ruling and urging the appellate court to reverse the trial court decision and restore the people’s will on Proposition 22. CPC is also launching Democracy for All, a new coalition of pro-democracy groups working to protect direct democracy and...

By California Policy Center

OC Board of Education Files Motion for Preliminary Injunction to End Governor Newsom’s State of Emergency

OC Board of Education Files Motion for Preliminary Injunction to End Governor Newsom’s State of Emergency

Yesterday, the Orange County Board of Education, along with Children’s Health Defense, filed a motion for preliminary injunction against Governor Newsom, requesting that the court “order the Governor to terminate the COVID-19 state of emergency.” The document noted Gavin Newsom’s attendance at the NFC Championship game at Sofi Stadium, where during some parts of the...

By California Policy Center