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Results: 11-20 of 355

California affirms equitable exceptions to the “merger doctrine”
  • Miller Starr Regalia
  • USA
  • April 17 2013

The merger doctrine is not absolute and its application will depend upon the equities and the parties' intentions, the California Court of Appeal


California court rejects “sham guaranty” defense; enforces guaranty
  • Miller Starr Regalia
  • USA
  • February 7 2014

The "sham guaranty" defense may absolve a guarantor of liability when no deficiency is available against the borrower, and the guarantor is really


CEQA action seeking to avoid lafco annexation and soi change approvals is dismissed for failure to comply with procedural requirements for reverse validation actions
  • Miller Starr Regalia
  • USA
  • February 12 2014

The lessons taught by the Fifth District Court of Appeal in its recently-published decision in Protect Agricultural Land v. Stanislaus County Local


Supreme Court will review “CEQA-in-reverse” issue in CBIA case challenging 2010 BAAQMD Air Quality Guidelines
  • Miller Starr Regalia
  • USA
  • December 9 2013

On November 26, 2013, the California Supreme Court by unanimous vote granted review of a fundamental legal issue that repeatedly has surfaced in


Court Upholds City’s Communities Facilities District and Related Special Tax
  • Miller Starr Regalia
  • USA
  • October 25 2016

The question of who should pay the cost of municipal services for new residential development is a vexing question. The answer is critically important


CEQA determination is item of business that must be agendized under Brown Act, Fifth District holds
  • Miller Starr Regalia
  • USA
  • June 17 2013

In a partially-published opinion, the Fifth District Court of Appeal held that the Merced County Planning Commission's failure to mention in its


First District “doubts” CEQA operates in reverse, upholds mitigated negative declaration for urban infill project despite soil and groundwater contamination in parker shattuck neighbors
  • Miller Starr Regalia
  • USA
  • January 3 2014

In an opinion recently ordered published, the First District Court of Appeal extensively reviewed the relevant case law and expressed skepticism that


Missing CEQA statute of limitations is not excusable neglect, Third District holds
  • Miller Starr Regalia
  • USA
  • May 1 2013

In its terse, no-nonsense opinion in Alliance For the Protection of the Auburn Community v. County of Placer, et al. (2013) 215 Cal.App.4th 25


“Making CEQA a federal case? Recent actions of California’s Supreme Court and the federal Surface Transportation Board set up a preemption showdown”
  • Miller Starr Regalia
  • USA
  • December 22 2014

Controversy has dogged the California high speed rail project since before its inception with the 2008 passage of Proposition 1A, the bond measure


All about “commitment”: CEQA review is not triggered by Orange County’s AB 900 application for state funding to expand existing jail facility, which was not a project approval
  • Miller Starr Regalia
  • USA
  • November 26 2013

In a decision recently ordered published, the Fourth District Court of Appeal added to the growing progeny of Save Tara, and affirmed the trial