Latest 2 Cases: Villarreal v. Gordon (Civil Procedure), City of Huntington Beach v. Becerra (Constitutional Law)

Senate Secrecy: Can the Votes of Senators on President Trump’s Impeachment be Withheld from the Voting Public?

VIKRAM DAVID AMAR, JASON MAZZONE

Illinois law dean Vikram David Amar and professor Jason Mazzone evaluate the suggestion made by some that the votes of senators on President Trump’s impeachment can and should be private. Amar and Mazzone argue that while the text of the Constitution alone does not foreclose secrecy, structural, prudential, and logistical considerations strongly disfavor a secret vote on the matter.

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Villarreal v. Gordon

Docket: B291027(Second Appellate District)

Opinion Date: January 10, 2020

Judge: Victoria Gerrard Chaney

Areas of Law: Civil Procedure, Legal Ethics

After prevailing on a petition for writ of mandate, petitioner filed a motion for attorney fees under the private attorney general doctrine. The Court of Appeal affirmed the trial court's denial of attorney fees. The court agreed with the trial court that petitioner failed to establish that the benefit the writ petition achieved was conferred on a sufficiently large enough class of persons to justify an attorney fee award under Code of Civil Procedure section 1021.5. The court explained that the most significant benefit here inured specifically to individual drivers with non-qualifying out-of-state drunk driving convictions, and that benefit and the extent to which that benefit balances against the public benefit from an interest in public safety in the form of California's participation in the Compact are both "pertinent circumstances" the trial court was required to consider.

City of Huntington Beach v. Becerra

Docket: G057013(Fourth Appellate District)

Opinion Date: January 10, 2020

Judge: Richard D. Fybel

Areas of Law: Constitutional Law, Government & Administrative Law

The City of Huntington Beach filed a petition for writ of mandamus and a complaint for declaratory relief to “invalidate the unconstitutional mandates of the [CVA] that impermissibly strip the City’s constitutionally protected Charter authority with respect to local 'municipal affairs.’” Each cause of action alleged the CVA unconstitutionally violated the City’s authority to conduct municipal affairs guaranteed under article XI, section 5 of the California Constitution by mandating how the City operates its police force. The City also prayed for a declaration that the CVA is unconstitutional and preempted by article XI, section 5 of the California Constitution. The trial court granted the City’s petition for writ of mandamus and a peremptory writ of mandate was issued ordering the Attorney General to refrain from enforcing Government Code section 7284.6 against the City. In a statement of decision, the court found: (1) the “constitution, regulation and government” of a police force was a “quintessential municipal affair under [Section] 5(a)”; (2) the “constitution, regulation and government” of a police force was “a municipal prerogative” protected by Section 5(b); and (3) “there was no 'statewide concern’ justifying the state[’]s regulation of a Charter City’s police force.” The issue before the Court of Appeal was whether charter cities were exempt from compliance with Government Code section 7284.6 on the ground it infringed the authority of charter cities under article XI, section 5(b) of the California Constitution to create, regulate, and govern city police forces. The Court held section 7284.6 was constitutional as applied to charter cities because it addressed matters of statewide concern - including public safety and health, effective policing, and protection of constitutional rights - was reasonably related to resolution of those statewide concerns, and was narrowly tailored to avoid unnecessary interference in local government. Because the trial court concluded otherwise, and granted a petition for writ of mandamus brought by the City, the Court of Appeal reversed with directions to deny the writ petition and enter judgment in favor of the Attorney General.