Published on February 9, 2021, the Court of Appeal in Organizacion Comunidad de Alviso v. City of San Jose held that the City of San Jose’s (“City’s”) posting of a second, revised Notice of Determination (“NOD”) adequately triggered CEQA’s abbreviated,
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Case Properly Dismissed for Failure to Join Real Party in Interest Even Though Agency Did Not Provide Plaintiff with Corrected Notice of Determination
The court of appeal affirmed the trial court judgment dismissing the plaintiff’s CEQA action on grounds that the plaintiff failed to join an indispensable real party in interest within thirty days after the city filed a revised notice of determination…
New Chapter 11 Filing – SC SJ Holdings LLC
On March 10, 2021, SC SJ Holdings LLC, the owner and former lessee of an 805-room hotel located in downtown San Jose, California, filed a petition for relief under Chapter 11 of the Bankruptcy Code in the Bankruptcy Court for…
The City of San Jose Extends and Expands Its Supplemental Paid Sick Leave Ordinance
The City of San Jose recently passed an ordinance extending its supplemental paid sick leave ordinance until June 30, 2021 and expanding it to apply to all employers with employees working in San Jose.
Extension
When it was first passed,…
The City of San Jose Extends and Expands Its Supplemental Paid Sick Leave Ordinance
The City of San Jose recently passed an ordinance extending its supplemental paid sick leave ordinance until June 30, 2021 and expanding it to apply to all employers with employees working in San Jose.
Extension
When it was first passed,…
City’s Rent Ordinance Disclosure Requirements Did Not Violate Fourth Amendment
The Ninth Circuit rejected a Fourth Amendment challenge to the City of San José’s Apartment Rent Ordinance, ruling that the plaintiff landlords had failed adequately to allege a reasonable expectation of privacy in the business records at issue. Hotop v.
City “Apartment Rent Ordinance” Survives Constitutional Challenge by Landlords
In a concise December 7, 2020 opinion, Hotop v. City of San Jose, __ F.3d __ (2020) (Case No. 18-16995), a 3-0 panel of the Ninth Circuit Court of Appeals affirmed the district court’s dismissal of an action alleging that…
“See Ya Later, California!” Hewlett-Packard Moves its HQ from Silicon Valley to Texas
Sixth District Holds CEQA Does Not Require Supplemental Review for a Streambed Alteration Permit
The Sixth Appellate District, in Willow Glen Trestle Conservancy v. San Jose (2020) 49 Cal.App.5th 127, held that seeking a new Streambed Alteration Agreement (“SAA”) from the California Department of Fish & Wildlife (“CDFW”) for a previously approved project does…
Sixth District Holds City Of San Jose’s Action In Seeking And Accepting Streambed Alteration Agreement From California Department Of Fish And Wildlife Is Not New Discretionary Approval For City’s Historic Trestle Demolition/Bridge Construction Project, And Thus Does Not Trigger Subsequent CEQA Review
In a published opinion filed May 18, 2020, the Sixth District Court of Appeal affirmed the trial court’s denial of a historic preservation group’s writ petition that challenged the City of San Jose’s (City) entry into a Streambed Alteration Agreement…
