Author Archives: John Pinkney

Resolving Land Law Issues with Municipal Law

Entrepreneurs and businesses seeking to resolve local land law issues need a good municipal law firm. The purpose of a business is to make a profit. Legal issues can affect the profit potential if they are not properly addressed. This can lead to losses that could have been avoided. Many business owners are surprised when legal matters arise. An understanding of the law can significantly help in efficiently dealing with the issue. Continue reading

The 3 Limits of Pay-To-Play Section 84308 in Government

Government has a responsibility to abide by a most sacred and honorable code of ethics, sound doctrine and unified state of mind in all matters of justice, equity and legal, executive, and judicial matters. Government has enabled more transparency in their decision-making process. One law that enables a fair process and limits contributors from influencing officials is Section 84308, called “pay-to-play.”

First, in this section of the law, public officials may not be unfairly influenced. If they feel their rights are violated, they must challenge the issue with the contributor in question and may potentially bring the matter to a court proceeding. The law limits pay-to-play scenarios. As such, Section 84308 disfavors three specifically related actions. Continue reading

Options Before Defaulting on a Government Loan

An SBA loan default is not a small matter. Having an SBA loan default can be financial dread for many small business owners. People who are left in such a slump may be forced to close their business offices. Better yet, they may be forced to sell off all of their business assets. This is only “the tip of the iceberg.” One foolhardy mistake SBA borrowers seem to make is that they will pay back the loan without any plan of action. As silly as it may sound, it is a fairly common occurrence. Continue reading

What is the Government Tort Claims Act?

California’s Government Tort Claims Act is designed to minimize the number of lawsuits filed against state, county or local government agencies or the people that work for those agencies. Basically, this legislation requires a claimant to follow a set process before filing for damages in court. It is very important to properly follow the regulations precisely or you will not be allowed to file a lawsuit. Continue reading

How California Tort Law Protects Government Official

In California, a person who launches a legal claim against a public office, or government official, must satisfy many more requirements than if they make a claim against another citizen. The concept of sovereign immunity protects government officials from everyday legal proceedings and the obligation to be held financially liable in court cases. Continue reading

Public Contract Bids Need the Expert Advice of a Public Law Attorney

Securing a public contract takes an understanding of the legal terminology involved in the bidding process. If you own a business and aspire to bid on a public project in the Coachella area, you should consult with our Coachella Valley public law attorney. Here’s why consulting with someone who is knowledgeable in the public bidding process could be the difference between winning the bid, and losing out on the opportunity. Continue reading

Understand The Benefits Of Reliable Public Law Legal Representation In California For Medical Marijuana

Future Public Law On Marijuana In California?

The California governor that signed three bills into law including Assembly Bills 243 & 266, along with Senate Bill 643, passed a recent 2015 Legislature. These laws indicate regulatory and licensing mandates for medical cannabis. The law will began to take formation in January 1, 2018 to begin immediate regulation. Continue reading

Conflicts of Interest in Public Law Office Terms

The Act does not explicitly state rules that prevent a person from seeking a term in office because of conflict-of-interest matters. This applies to people seeking public and private offices. The definition of “conflict-of-interest” is only pertinent once a person has succeeding in running for, and holding an official position. This definition is clearly outlined in the case known as Eldridge vs. Sierra View Hospital District, 224 California Application 3d 311 posted in 1990. Continue reading

The Details Of Municipal Litigation

The Exemptions For Litigation

When involved in either a pending claim or litigation, documents that have been prepared specially and are connected to a litigation that has been filed can be stopped from going to the disclosure process. This is in accordance with Section 6254 (b). Any exemptions are only applied to documentation that has been created after the litigation has already been concealed. Any claim that has initiated the process of the court does not apply. Continue reading

Be Informed Through News Updates in California Laws

Laws concerning transparency in California will once again require input from citizens. Providing information to the greater public about ethical behavior, lobbying, campaign finance and more has been affected steadily through amendments to the Political Reform Act (PRA) over the last 42 years. This has made for some meandering legal language that has made it nearly impossible for the layman to make sense of. Continue reading

The Requirements For Competitive Bidding

The requirements for competitive bidding when undertaking projects of a public nature are already established. This includes any services needed, supplies, as well as the actual construction. There are some exceptions to these requirements such as emergency 911 situations. This applies to contracts, all public spending, any financial federal help, and any city property that requires disposal.

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Specific Details Under proposition 218

Local government finances are significantly changed by Proposition 218. This initiative, approved in November 1996 by state voters, applies to more than 7000 counties, cities, schools, special districts, re-development agencies, community college districts, and regional organizations in California. Continue reading

An Explanation Of Government Code 1090 Enforcement

The city attorney announced that Government Code Section 1090 is for board and committee members. Section 1090 is one of the primary statues that involve a conflict of interest. This law stops public officials from issuing a public contract in the same capacity when the official also holds a financial stake in the contract. Continue reading

Terms and Areas of Focus in Municipal Law

A municipality is a city or county, and the governing bodies within a city or county follow municipal law. Municipal law involves laws, taxes, land use, business licensing, and regulations within cities and counties. Municipalities are legally structured as corporations, which allows them to conduct business Continue reading

The Related, Yet Distinct, Duties to Indemnify and Defend

An indemnification duty arises when an adverse judgment is imposed that involves monetary payment. Such indemnity is paid by the indemnitor, whose liability doesn’t begin until the conclusion of litigation. This is the case even if a claim for indemnity is brought as part of the underlying litigation simultaneously, in hopes of getting all parties potentially responsible before the court at one time. In such situations the parties and courts avoid having two separate trials for subjects that are the same. Continue reading

How a Writ of Attachment Works

Our Coachella Valley litigation attorneys assist with writ of attachments. Information concerning writ of attachment is located in Title 6.5, Chapters 1- 13, including Sections 481.010- 493.060 of the Code of Civil Procedure. No summons without right of attachment and bond according to law is received by the court. Continue reading