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MORGAN HILL, CITY OF v. BUSHEY

Respondent, City of Morgan Hill, Petition for Review

23 Cited authorities

  1. Citizens of Goleta Valley v. Board of Supervisors

    52 Cal.3d 553 (Cal. 1990)   Cited 284 times   5 Legal Analyses
    Holding that failure to make a timely comment does not excuse the lead agency from providing substantial evidence to fulfill its duty to identify and discuss project alternatives

  2. DeVita v. County of Napa

    9 Cal.4th 763 (Cal. 1995)   Cited 200 times   7 Legal Analyses
    Describing Simpson as concluding that "the initiative and referendum power could not be used in areas in which the local legislative body's discretion was largely preempted by statutory mandate"

  3. Legislature v. Eu

    54 Cal.3d 492 (Cal. 1991)   Cited 166 times
    Holding as grammatically severable “or serving in” from “elected to or serving in the Legislature on or after November 1, 1990”

  4. Lesher Communications, Inc. v. City of Walnut Creek

    52 Cal.3d 531 (Cal. 1990)   Cited 123 times   3 Legal Analyses
    Holding that § 65860, subd. preempts a zoning ordinance inconsistent with the general plan

  5. Yost v. Thomas

    36 Cal.3d 561 (Cal. 1984)   Cited 117 times
    Holding that a city councils adoption of a specific plan, because of its similarity to adoption or amendment of a general plan or rezoning, was a legislative act and thus subject to referendum

  6. Luz v. Lopes

    55 Cal.2d 54 (Cal. 1960)   Cited 216 times
    In Luz v. Lopes (1960) 55 Cal.2d 54 (Luz), the court stated: "[I]t is and has been the law of this state that notices of appeal are to be liberally construed so as to protect the right of appeal if it is reasonably clear what [the] appellant was trying to appeal from, and where the respondent could not possibly have been misled or prejudiced."

  7. Rossi v. Brown

    9 Cal.4th 688 (Cal. 1995)   Cited 73 times
    Holding that initiative provisions do not except measures imposing a tax from the initiative power

  8. Orange Citizens for Parks & Recreation v. Superior Court of Orange Cnty.

    2 Cal.5th 141 (Cal. 2016)   Cited 32 times   4 Legal Analyses

    S212800 12-15-2016 ORANGE CITIZENS FOR PARKS AND RECREATION et al., Petitioners, v. The SUPERIOR COURT of Orange County, Respondent; Milan REI IV LLC et al., Real Parties in Interest. Orange Citizens for Parks and Recreation et al., Plaintiffs and Appellants, v. Milan REI IV LLC et al., Defendants and Respondents. Daniel P. Selmi ; Shute, Mihaly & Weinberger, Rachel B. Hooper, San Francisco, Robert S. Perlmutter and Susannah T. French, San Francisco, for Petitioners and for Plaintiffs and Appellants

  9. Assembly v. Deukmejian

    30 Cal.3d 638 (Cal. 1982)   Cited 76 times
    In Assembly of the State of California v. Deukmejian, 639 P.2d 939 (Cal. 1982), the state legislature had passed reapportionment statutes revising the state's congressional, senate, and assembly districts, which the governor had signed into law.

  10. Mission Springs Water Dist. v. Verjil

    218 Cal.App.4th 892 (Cal. Ct. App. 2013)   Cited 22 times

    E055176 2013-08-7 MISSION SPRINGS WATER DISTRICT, Plaintiff and Respondent, v. Kari VERJIL, as Registrar of Voters, etc., Defendant; Tim Radigan Brophy et al., Real Parties in Interest and Appellants. See 5 Witkin, Cal. Procedure (5th ed. 2008) Pleading, § 1017.APPEAL from the Superior Court of Riverside County. Harold W. Hopp, Judge. Affirmed. (Super.Ct.No.INC1105569) RICHLI J. Affirmed. See 5 Witkin, Cal. Procedure (5th ed. 2008) Pleading, § 1017. APPEAL from the Superior Court of Riverside County

  11. Section 9

    Cal. Const. art. II § 9   Cited 70 times

    (a) The referendum is the power of the electors to approve or reject statutes or parts of statutes except urgency statutes, statutes calling elections, and statutes providing for tax levies or appropriations for usual current expenses of the State. (b) A referendum measure may be proposed by presenting to the Secretary of State, within 90 days after the enactment date of the statute, a petition certified to have been signed by electors equal in number to 5 percent of the votes for all candidates

  12. Rule 8.100 - Filing the appeal

    Cal. R. 8.100   Cited 769 times

    (a)Notice of appeal (1) To appeal from a superior court judgment or an appealable order of a superior court, other than in a limited civil case, an appellant must serve and file a notice of appeal in that superior court. The appellant or the appellant's attorney must sign the notice. (2) The notice of appeal must be liberally construed. The notice is sufficient if it identifies the particular judgment or order being appealed. The notice need not specify the court to which the appeal is taken; the

  13. Rule 8.200 - Briefs by parties and amici curiae

    Cal. R. 8.200   Cited 712 times

    (a)Parties' briefs (1) Each appellant must serve and file an appellant's opening brief. (2) Each respondent must serve and file a respondent's brief. (3) Each appellant may serve and file a reply brief. (4) No other brief may be filed except with the permission of the presiding justice, unless it qualifies under (b) or (c)(7). (5) Instead of filing a brief, or as part of its brief, a party may join in or adopt by reference all or part of a brief in the same or a related appeal. (Subd (a) amended

  14. Rule 8.500 - Petition for review

    Cal. R. 8.500   Cited 337 times

    (a)Right to file a petition, answer, or reply (1) A party may file a petition in the Supreme Court for review of any decision of the Court of Appeal, including any interlocutory order, except the denial of a transfer of a case within the appellate jurisdiction of the superior court. (2) A party may file an answer responding to the issues raised in the petition. In the answer, the party may ask the court to address additional issues if it grants review. (3) The petitioner may file a reply to the answer

  15. Rule 3.1702 - Claiming attorney's fees

    Cal. R. 3.1702   Cited 326 times

    (a) Application Except as otherwise provided by statute, this rule applies in civil cases to claims for statutory attorney's fees and claims for attorney's fees provided for in a contract. Subdivisions (b) and (c) apply when the court determines entitlement to the fees, the amount of the fees, or both, whether the court makes that determination because the statute or contract refers to "reasonable" fees, because it requires a determination of the prevailing party, or for other reasons. (b) Attorney's

  16. Rule 8.212 - Service and filing of briefs

    Cal. R. 8.212   Cited 28 times

    (a)Time to file (1) An appellant must serve and file its opening brief within: (A) 40 days after the record-or the reporter's transcript, after a rule 8.124 election-is filed in the reviewing court; or (B) 70 days after the filing of a rule 8.124 election, if the appeal proceeds without a reporter's transcript. (2) A respondent must serve and file its brief within 30 days after the appellant files its opening brief. (3) An appellant must serve and file its reply brief, if any, within 20 days after