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California Supreme Court Denies Review of Davis v. Fresno Unified School District

by pddg_admin | Aug 26, 2015 | Legal Developments and News

The California Supreme Court acted today on the Davis v. Fresno USD lease-leaseback case, as follows: The Court denied the petitions to review the Davis case; and The Court denied the requests to de-publish the Davis case. The import of this action is that the Davis...

Conflict of Interest Action Cannot be Maintained by Taxpayer and after Validation Action

by pddg_admin | Aug 24, 2015 | Legal Developments and News

1.   San Bernardino County v. Superior Court (2015) ____ Cal.Rptr.3d ____ [2015 WL 4882569] 2.   Colonies Partners, L.P. v. Superior Court (2015) ____ Cal.Rptr.3d ____ [2015 WL 4882566]  In two separate decisions, based on the same facts, the appellate court held...

Newly Enacted Bill Affecting Lease-Leaseback (AB-566)

by pddg_admin | Aug 21, 2015 | Legal Developments and News

Starting January 1, 2016, school districts using the lease-leaseback project delivery method must:  (1) comply with mandatory prequalification requirements, regardless of funding source, and (2) meet escalating skilled labor requirements.  As discussed below, these...

Court Looks to Substantial Compliance of Agenda Wording, not Technical Details, for Closed Session Meeting with Counsel

by pddg_admin | Aug 12, 2015 | Legal Developments and News

School districts are often confused about the proper procedures for agendizing a closed session meeting with legal counsel on matters related to pending, potential, or threatened litigation. In a recent decision, the Court of Appeal rejected a hyper-technical reading...

Inadvertent Disclosure Does Not Waive Confidentiality Under The California Public Records Act … At Least For Now

by pddg_admin | Aug 5, 2015 | Legal Developments and News

Last Friday, a California Court of Appeal held that inadvertent disclosure of privileged records by a school district responding to a California Public Records Act (CPRA) request did not waive the confidentiality of those records. (Newark Unified School District v....

Supreme Court Action Raises More Questions About Disclosure Of Public Records

by pddg_admin | Jul 15, 2015 | Legal Developments and News

Continuing its recent trend of weighing in on questions surrounding the California Public Records Act (CPRA), last week the California Supreme Court decided to hear a case involving the need for public agencies to disclose billing invoices provided by outside...

Court Endorses Balanced Approach in Responding to Charter Facilities Requests

by pddg_admin | Jul 2, 2015 | Legal Developments and News

In a recent decision, Westchester Secondary Charter School v. Los Angeles Unified School District(June 19, 2015, B261234) ___ Cal.App.4th ___ [14 C.D.O.S. 6555], the Court of Appeal recognized that Proposition 39 is not intended to put charter schools in a privileged...

DWK Mourns Friend, Competitor and Colleague, Gregory Wedner

by pddg_admin | Jul 1, 2015 | Legal Developments and News

DWK joins Lozano Smith in mourning the loss of a great friend, competitor and colleague, Greg Wedner who lost his battle with cancer on June 30, 2015. Greg was the former managing partner at Lozano Smith, and became known to many lawyers at DWK for his warmth,...

Court Affirms School District Consultants Are Subject To Conflict Prohibitions

by pddg_admin | Jun 5, 2015 | Legal Developments and News

Davis v. Fresno Unified School District, et al. (2015) ___ Cal.Rptr.3d ___ [2015 WL 3454720] A recent appellate decision ruling on the validity of a lease-leaseback transaction also held that private consultants under contract with school districts are subject to the...

Financing Now Required for Lease-Leaseback Agreements

by pddg_admin | Jun 4, 2015 | Legal Developments and News

Davis v. Fresno Unified School District, et al. (2015) ___ Cal.Rptr.3d ___ [2015 WL 3454720] On June 1, 2015, a California Court of Appeal held for the first time that in order for a lease-leaseback transaction to be valid, allowing the competitive bidding exemption...
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