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  Wednesday, October 24, 2018  
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The following caselaw summaries are provided as a courtesy to Los Angeles County Bar Association members by the Metropolitan News-Enterprise www.metnews.com. Summaries from the past 90 days are archived and searchable on the LACBA Web site at www.lacba.org/news-and-publications/daily-ebriefs.
CALIFORNIA COURT OF APPEAL
Environmental Law
An administrative guideline providing for an addendum process for projects with a previously certified environmental impact report comports with the California Environmental Quality Act. New findings under Public Resources Code Sec. 21081 are not required in connection with the approval of an addendum to an EIR.

Save Our Heritage Organisation v. City of San Diego (The Plaza de Panama Committee) - filed Oct. 24, 2018, Fourth District, Div. One
Cite as 2018 S.O.S. 5155
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Government Law
A challenge to a city decision approving the removal of trees asserting violations of the city's planning and zoning law, the city's general plan, and the city's tree protection ordinance is subject to the statute of limitations in Government Code Sec. 65009(c)(1)(E). The claim asserted under the California Environmental Quality Act is governed by the statute of limitations in Public Resources Code Sec. 21167 (a) and 21167.6(a).

Save Lafayette Trees v. City of Lafayette (Pacific Gas and Electric Co.) - filed Oct. 23, 2018, First District, Div. Three
Cite as 2018 S.O.S. 5160
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Taxation Law
Sales and Use Tax Law Section 6016.5 excludes fully installed and completed telephone and telegraph lines from sales and use taxation, not the pre-installation component parts of such lines.

MCI Communications Services v. California Department of Tax and Fee Administration - filed Sept. 24, 2018, publication ordered Oct. 24, 2018, Fourth District, Div. One
Cite as 2018 S.O.S. 5164
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Modification
Bunzl Distribution USA, Inc. v. Franchise Tax Board - filed Oct. 24, 2018, First District, Div. Three
Cite as 2018 S.O.S. 5172
Full text click here
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State Bar
 
 
 
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