Civil Litigation,
Constitutional Law
Nov. 22, 2019
California constitutional claims removed to defeat state’s legal challenges
Plaintiffs challenging the constitutional validity of Assembly Bill 1054 are seeking to amend their complaint proceeding on claims for federal unlawful takings to challenge the state’s defense citing 11th amendment sovereign immunity.
Trying to thwart the state's sovereign immunity defense, plaintiffs challenging a controversial wildfire funding bill are invoking federal violations only of the U.S. Constitution's takings clause, contending customers were wrongly imposed a rate increase to support the fund.
Michael J. Aguirre and Maria C. Severson of San Diego-based Aguirre Severson LLP sued Gov. Gavin Newsom, the California Public Utilities Commission and several...
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