Mastagni Law

For decades, the California law firm of Mastagni Holstedt, APC, has served clients throughout California in a wide range of civil law matters. Our attorneys have earned a reputation for professionalism, sharp legal acumen and the dedicated pursuit of justice. Our clients come from all walks of life but share a common need to have their rights protected at a crucial juncture in their lives. We are honored to be entrusted with the responsibility of being their legal advocates, and we fight vigorously to secure the most favorable outcomes possible.

PERB Clarifies that Confidential Directives Given During Internal Affairs Investigations Violate Police Officer Rights

By Mastagni.com Law Blog

January 9, 2020

In a recent proposed decision, the Public Employees Relations Board (“PERB”) ruled that a “confidentiality directive” given to police officers in connection with an administrative investigation interfered with officer’s protected rights under the Meyers-Milias-Brown Act (“MMBA”). The directive specifically instructed offers not to discuss the investigation with the union. The case, Oakdale Police Officers Association v. City of Oakdale began after a union representative informed the City that they believed the confidentiality directives issued to…

California Public Safety Labor Blog

Mastagni Holstedt Gets PERB Complaint for Employer Refusal to Provide Information

By Mastagni.com Law Blog

November 22, 2019

Mastagni attorneys Kathleen Mastagni Storm and Chelsea Avent recently got a Public Employment Relations Board (“PERB”) Complaint issued against the County of Kern for refusing to provide relevant information to Kern County Fire Fighters Association, Local 1301. PERB concluded the County violated the Meyers-Milias-Brown Act by withholding the information from Local 1301. For over a year, the County dragged its feet and engaged in bad faith bargaining. In July 2018, Local 1301 and the County…

California Public Safety Labor Blog

POST Issues New Video Providing Guidance AB 392 and Peace Officer Use of Force Standards

By Mastagni Law

November 12, 2019

The Commission on Peace Officer Standards and Training (“POST”) recently posted its legal analysis of A.B. 392 and its impacts on peace officer use of force standards. The website inlcudes a link to a video available to the general public about use of force standards. In the video, the Executive Director of POST Manuel Alvarez Jr., Riverside District Attorney Micahel Hestrin, and Santa Barbara District Attorney Joyce Dudley provide their insights and interpretations of…

California Public Safety Labor Blog

Appellate Court Holds That Police Are Not Liable for Destruction of Family Home

By Mastagni.com Law Blog

November 8, 2019

A recent Federal Appellate case clarifies that significant damage to real property resulting from a valid police pursuit is covered under a state’s police power and is not a government taking. The case stemmed from events occurring in June of 2015. At that time, Greenwood City Police officers responded to a burglar alarm at the home of the Lechs. The responding officers, quickly learned that an armed criminal suspect who was attempting to evade capture was inside. In order to…

California Public Safety Labor Blog

PORAC Opposes Federal Legislation Implementing New Use of Force Standard for Federal Officers

By Mastagni.com Law Blog

October 29, 2019

This month, U.S. Representative Ro Khanna’s Police Exercising Absolute Care With Everyone Act of 2019 (H.R. 4359), was referred to the House Sub-committee on Crime, Terrorism and Homeland Security. On that same date, the Peace Officers Research Association of California’s Board of Directors sent Rep. Khanna a letter outlining PORAC’s opposition. Simply put, H.R. 439 would fundamentally alter the long standing use of force standard established by the United States Supreme Court in Connor v.…

California Public Safety Labor Blog

GOVERNOR NEWSOM VETOS BILL PROVIDING EQUAL BENEFITS TO SCHOOL DISTRICT POLICE OFFICERS

By Mastagni.com Law Blog

October 15, 2019

On Sunday, Governor Newsom vetoed A.B 346, which would have made minor changes to the states’ workers compensation system. This minor change would have greatly benefited California school district police officers. Currently, state law provides that most peace officers and firefighters are entitled to a leave of absence without loss of salary when disabled by an on the job injury or illness. However, for a large number of police officers employed by school districts this is…

California Public Safety Labor Blog

Governor Newsome Signed Law Enfrocement Sponsored Use of Force Bill (S.B. 230) into Law

By Mastagni Law

September 12, 2019

On August 12, 2019, Governor Gavin Newsom signed into law S.B. 230, which was introduced by Senator Anna Caballero (D-Salinas) on February 2, 2019. S.B. 230 was sponsored by a law enforcement coalition, including PORAC, Cal Chiefs, and CAHP, to establish state-wide use of force policy and training standards. S.B. 230 will help achieve better outcomes for everybody by providing officers clear guidelines and training on use of force. The bill establishes first-in-the-nation use of…

California Public Safety Labor Blog

WATCH NOW: Annuitants Unavailable for Work—Courthouse Shutdown Results.

By Mastagni.com Law Blog

September 4, 2019

As covered by several media outlets, numerous per diem deputies in San Joaquin County did not report for work today. Per diem deputies are retirees that are routinely used to supplement Sheriff’s Office staffing due to the inability to recruit and retain sufficient numbers of full time deputy sheriffs. At the moment, San Joaquin Deputy Sheriff’s have gone more than four years without a contract. There is currently a crisis of low staffing levels and…

California Public Safety Labor Blog

The California Supreme Court Upholds the Legality of Brady Tips by Law Enforcement Agencies to District Attorneys

By Mastagni Law

August 28, 2019

As predicted, in an opinion authored by Chief Justice Cantil-Sakauye, the California Supreme Court upheld the legality of “Brady tips” by law enforcement agencies to prosecutors when an officer is potential witness in a pending prosecution. It must be noted, however, that the Court’s decision did not change the fact that when an officer’s identifying information (i.e. name) is placed on a Brady list, that fact and information as to why the officer was placed…

California Public Safety Labor Blog

Watch San Joaquin County Sheriff Pat Withrow Speak Out In Support of Fair Pay and Benefits for His Deputies

By Mastagni.com Law Blog

August 16, 2019

California Public Safety Labor Blog: Watch San Joaquin County Sheriff Pat Withrow Speak Out In Support of Fair Pay and Benefits for His Deputies Watch San Joaquin County Sheriff Pat Withrow Speak Out In Support of Fair Pay and Benefits for His Deputies…

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PERB Clarifies that Confidential Directives Given During Internal Affairs Investigations Violate Police Officer Rights

Mastagni Holstedt Gets PERB Complaint for Employer Refusal to Provide Information

POST Issues New Video Providing Guidance AB 392 and Peace Officer Use of Force Standards

Appellate Court Holds That Police Are Not Liable for Destruction of Family Home

PORAC Opposes Federal Legislation Implementing New Use of Force Standard for Federal Officers

GOVERNOR NEWSOM VETOS BILL PROVIDING EQUAL BENEFITS TO SCHOOL DISTRICT POLICE OFFICERS

Governor Newsome Signed Law Enfrocement Sponsored Use of Force Bill (S.B. 230) into Law

WATCH NOW: Annuitants Unavailable for Work—Courthouse Shutdown Results.

The California Supreme Court Upholds the Legality of Brady Tips by Law Enforcement Agencies to District Attorneys

Watch San Joaquin County Sheriff Pat Withrow Speak Out In Support of Fair Pay and Benefits for His Deputies

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