Legal Opinions - Monthly Opinions Report

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?

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?

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.)

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?

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?

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?

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?

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?

Are reverse cellular phone kiosks "secondhand dealers" within the meaning of Business and Professions Code section 21626?

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?

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).)

Are medical assistants legally permitted to perform basic pulmonary function testing, such as spirometry?

May non-attorneys represent parties before the Office of Administrative Hearings?

May an attorney who sits on a city council represent clients with interests adverse to that city?