State of California Department of Justice
Office of the Attorney General
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Kamala D. Harris ~ Attorney General
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The monthly opinion report makes available newly published opinions and lists the questions submitted in opinion requests assigned to deputy attorneys general in the prior month. The monthly opinion report also lists previous opinion requests that are pending or terminated. Use the links provided below to view the opinions published in the current month. Please use Search for Opinions to look for more opinions.
| Opinion No. | Conclusion | Published |
|---|---|---|
| 12-1101 |
Continuous videotaping surveillance of truck drivers during their on-the-job driving does not constitute a misdemeanor under Labor Code section 1051 where the video file is inspected by a third party and used as a basis for discipline by the driver’s employer, provided that the third party is an agent of the driver’s employer who is videotaping and inspecting the file for the sole benefit of the driver’s employer, and that the file is furnished only to the driver’s employer. |
02/13/2014 |
| 13-902 |
Leave to sue is GRANTED to determine whether proposed defendant STEPHEN WINKLER meets the legal residency requirements for holding the public office of School District Trustee. |
02/11/2014 |
| Opinion No. | Question | Status |
|---|---|---|
| 10-207 |
1. When California employs an medical consultant to evaluate a long-term disability claim for the Social Security Administration, is there a doctor-patient relationship between the consultant and the claimant? 2. Would it violate California law for the consultant to order tests or procedures without examining the claimant? 3. Is the medical consultant responsible for after hours follow up if a test reveals a critical condition? 4. Would a consultant be engaged in the unlicensed practice of medicine if a test is carried out in a state where the consultant is not licensed? |
Withdrawn on February 4, 2014 |
| 11-402 |
Does it constitute an unlawful practice of law for one person (who is not a licensed member of the California Bar) to represent another person by presenting a demand letter and/or by negotiating a settlement of legal claims before a civil complaint is formally filed? |
Withdrawn on February 4, 2014 |
The Attorney General welcomes the views of interested persons concerning the legal issues raised in questions submitted below. See Views Solicited on Assigned Opinion Requests for details.
| Opinion No. | Question | Requested by | Assigned To |
|---|---|---|---|
| 13-1203 |
May health care professionals offer online discounts for their services through a third-party internet marketer? |
Dept. of Consumer Affairs, Director Denise Brown |
Medeiros 02/18/2014 |
| 14-101 |
May non-attorneys represent parties before the Office of Administrative Hearings? |
Director/Chief Administrative Law Judge Linda A. Cabatic |
Medeiros 02/18/2014 |
| Opinion No. | Question | Assigned To |
|---|---|---|
| 09-301 |
May a county collect unpaid property taxes where, due to an error in the tax collection software, property owners who owe such taxes have not been notified of a delinquency, and, if so, how? |
Eisenberg |
| 09-308 |
In any case in which a person is ordered to make victim restitution, and any portion of that restitution remains unsatisfied, are the courts prohibited from collecting court fines and fees unless they first apply those funds to pay the amounts ordered as restitution to the victim? In any case in which a person is ordered to make victim restitution, and any portion of that restitution remains unsatisfied, do the courts have the authority to collect victim restitution? |
Daniels |
| 10-205 |
Is a regional Anti-Terrorism Approval Body, which has authority to allocate grant funds to local agencies, considered a "legislative body" for purposes of the Brown Act? |
Carey |
| 10-502 |
Does Title 10 of the United States Code limit the State’s authority for fire protection on the California National Guard Base at Los Alamitos? |
Binsacca |
| 11-201 |
Is a California charter school and its board or directors subject to the Ralph M. Brown Act; the California Public Records Act; the Political Reform Act of 1974; Government Code section 1090; or the review and inspection of books and records, by a Grand Jury formed pursuant to Penal Code section 888? |
Medeiros |
| 11-705 |
Can the authority of the court impose a probation condition on DUI defendants to make a specified payment to the DUIRR Program? |
Eisenberg |
| 11-707 |
Under the Emergency Medical Services Act, when are cities and counties required to enter into written agreements regarding local provision of emergency medical services? Does entering into such an agreement necessarily extinguish any pre-existing rights of obligations of a city? (Health and Safety Code section 1797.201.) |
Daniels |
| 12-401 |
To facilitate compliance with Brady v. Maryland, may the California Highway Patrol lawfully release to the district attorney’s office the names of officers who have sustained complaints of dishonesty or moral turpitude conduct, with no information other than the officer’s name and date of earliest conduct, so that the district attorney may bring a Pitchess/Brady motion for in camera review of the officers’ personnel files? Does Penal Code section 832.7, subdivision (a), authorize the district attorney to routinely review the personnel files of peace officers who will be prosecution witnesses? |
Eisenberg |
| 12-409 |
May a contract city attorney also act as "bond counsel" for the same city for which he or she is paid, based on a percentage of the bond issues, without violating Government Code section 1090? |
Binsacca |
| 12-902 |
When a special district appoints one of its own board members or staff to serve on an oversight board for the dissolution of a redevelopment agency, may the special district compensate its appointee for attending meetings notwithstanding Health and Safety Code section 34179(a), which states that "oversight board members shall serve without compensation or reimbursement of expenses? |
Slavin |
| 12-1203 |
May a former local agency employee serve on that same public agency's elected Board of Directors while still being carried on that agency's employee payroll solely for purposes of utilizing unused vacation leave remaining from his/her time as an active employee? |
Eisenberg |
| 12-1204 |
Do the conflict-of-interest statutes that governed members of former redevelopment agencies apply to members of the successor agencies responsible for winding down their affairs and, if so, how? |
Eisenberg |
| 13-202 |
Are the uniform standards developed by the Substance Abuse Coordination Committee for use by healing arts boards in dealing with their substance-abusing licensees valid, enforceable, and mandatory? |
Slavin |
| 13-303 |
May a city purchase products or order services from a glass company partially owned by a member of the city council if that member disqualifies herself from any influence or participation in the purchasing or ordering decision? |
Binsacca |
| 13-304 |
In connection with a school or community college bond measure, does a district violate state law by contracting with a bond underwriter for both pre-election campaign services and post-election underwriting services? |
Medeiros |
| 13-306 |
Does the Office of the Attorney General have the authority to review and act on complaints from students of accredited private post-secondary institutions which are exempt from the Bureau for Private Postsecondary Institutions? |
Lee |
| 13-403 |
Does Proposition 26 require that prior to a County Board of Supervisors enacting an ordinance requiring a cable television company to pay to the County a PEG (public, educational, and governmental access) fee equal to one percent (1%) of the gross revenues under the Digital Infrastructure and Video Competition Act ("DIVCA"), the voters must first approve the imposition of such a fee? |
Binsacca |
| 13-702 |
Does an incoming member to the Board of Trustees of the Los Angeles Community College District have a conflict of interest due to his spouse's employment as a faculty member with the district, and is he thereby precluded from participating in or voting on specific issues? |
Daniels |
| 13-901 |
Are reverse cellular phone kiosks "secondhand dealers" within the meaning of Business and Professions Code section 21626? |
Binsacca |
| 13-903 |
Does Government Code section 1090 prohibit a city agency from utilizing the services of a public relations firm that occasionally retains the services of a city council member for its non-city clients? |
Slavin |
| 13-904 |
Does state law preempt a local ordinance that would require dentists in that jurisdiction to provide their patients with a Dental Materials Fact Sheet and Statement of Rights before performing specified procedures? |
Eisenberg |
| 13-1101 |
May a county clerk charge the district attorney's office for certified court records? |
Medeiros |
| 13-1102 |
To what extent have federal and state law authorized the California Industrial Hemp Farming Act, what are the operative dates of the legal provisions granting such authorization, and does federal law impose any limitations that are inconsistent with the provisions of the California Industrial Hemp Farming Act? (See Stats. 2013, ch. 398, § 8 (SB 566).) |
Daniels |
| 13-1103 |
Is Yxstian Gutierrez lawfully holding the office of Moreno Valley city council member? |
Daniels |
| 13-1201 |
If a school superintendent's contract allows the superintendent to receive cash in lieu of medical benefits, may the school board members receive an equivalent sum in a whole life insurance policy in lieu of medical benefits? |
Slavin |
| 13-1202 |
Are medical assistants legally permitted to perform basic pulmonary function testing, such as spirometry? |
Daniels |
| 13-1203 |
May health care professionals offer online discounts for their services through a third-party internet marketer? |
Medeiros |
| 14-101 |
May non-attorneys represent parties before the Office of Administrative Hearings? |
Medeiros |
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