Villaroel v. Recology, 97 Cal. App. 5th 762 (Cal. Ct. App. 2023)
The court of appeals reinstated a class action against a utility by consumers seeking to enjoin unlawful, unfair and fraudulent business practices. The appellate court held that the case was not preempted by the filed rate doctrine. The court also found that a prior enforcement action filed by the attorney general was not res judicata…
Defenders of Wildlife v. Johanns, 2005 U.S. Dist. LEXIS 34455 (N.D. Cal. 2005)
The attorney general could intervene as of right in an environmental case brought against the federal government because although state statutes did not authorize suit against the federal government, “the attorney general does retain authority under common law to sue the federal government to protect the State’s interests.”
Schwarzenegger v. Chiang, No. C061648 (Cal. App. 3d Dist.)
A state budget crisis led the governor to issue an Executive Order directing the state Department of Personnel Administration to implement “a furlough of represented state employees and supervisors for two days per month” from February 2009 to June 2010. The Executive Order also requested “other entities of state government not under my direct executive…
Cousins v. Lockyer, No. 07-17216 (9th Cir., June 15, 2009)
Cousins, a sex offender, failed to register as required by state law was convicted and sentenced to 25 years in prison under the state’s three-strikes law. After his conviction, the California Court of Appeal issued a decision holding the statute under which he was convicted unconstitutionally vague. The state did not appeal the decision. Cousins…
Gibson v. Office of the Attorney General, 561 F.3d 920 (C.A.9 (Cal.), reh. den. 561 F.3d 920 (2009).
An assistant attorney general (AAG) in the California Attorney General Office (OAG) represented a paralegal in the office in a malpractice claim against her former divorce lawyer. The AAG did not seek permission before undertaking this representation. The office notified her that she must terminate the representation or she would be fired. The AAG sued,…
Howard Jarvis Taxpayers Ass’n v. Bowen, 192 Cal. App. 4th 110 (Cal. App. 3d Dist., 2011).
California’s Political Reform Act (enacted in 1974) requires that the Attorney General prepare the official summary of the bill and the ballot label and title for ballot initiatives. The Political Reform Act can be amended in two ways: 1) to further its purposes if the amendment is passed in each house of the Legislature by…
County of Santa Clara v. Superior Court, No. S163 681 (Cal. July 26, 2010)
Several California cities and counties brought public nuisance cases against manufacturers of lead paint, and hired outside counsel on a contingency fee basis. The manufacturers moved to dismiss on the grounds that Clancy (a case barring contingency fees for attorneys representing public entities in nuisance cases) precluded the payment of contingency fees. The trial court…
County of Santa Clara v. Superior Court, 50 Cal. 4th 35; 235 P.3d 21 (Cal. 2010)
A line of California caselawhad prohibited all contingent fee contracts with outside counsel in government nuisance cases. The California supreme court narrowed its prior decision. In this case, the contingency fee contracts provided that the public entities’ government counsel “retain final authority over all aspects of the litigation.” The court held that contingent fee contracts…
Beckley v. Schwarzenegger, 2010 Cal. LEXIS 9708 (Sept. 8, 2010)
Attorney general may not be compelled through mandamus action to file suit or prosecute appeal
Perry v. San Francisco, No. S189476 (Cal. Nov. 17, 2011)
California voters passed Proposition 8, a state initiative to ban gay marriage. Several parties filed suit in federal court, seeking to enjoin state and local officials (including the Attorney General) from enforcing the initiative on civil rights grounds. Proponents of the initiative were granted leave to intervene as defendants. The Attorney General and other state…
