Significant Appellate Representations
David Ruderman
(as of April 2021)
California Supreme Court
City of San Buenaventura v. United Water Conservation District (2017) 3 Cal.5th 1191 (groundwater augmentation charge subject to Proposition 26, not 218)
City of Marina and Marina Coast Water District v. Public Utilities Commission(2019) Nos. S253585, S251935 (original proceeding in Supreme Court challenging PUC’s decision on desalination facility) (review denied)
Court of Appeal for the First Appellate District
City of Vallejo v. NCORP4, Inc. (2017) 15 Cal.App.5th 1078 (City properly limited marijuana dispensary licenses to those who complied with its earlier tax)
Court of Appeal for the Second Appellate District
City of Glendale v. Superior Court (Glendale Coalition for Better Government) (2016) No. B270135 (appellate writ reversing order allowing discovery in water rates case limited to administrative record)
Glendale Coalition for Better Government v. City of Glendale (2018) No. B281994; Saavedra, IBEW v. City of Glendale (2018) No. B281991 (reversing in part challenge to transfer from electric utility to general fund under Proposition 26)
Glendale Coalition for Better Government v. City of Glendale (2018) No. B282410 (successfully reversing trial court’s decision that Proposition 218 prevents water rates from funding fire flows)
In re S.C.J. (2005) No. B179903 (affirming termination of parental rights)
Newhall County Water District v. Castaic Lake Water Agency (2016) 243 Cal.App.4th 1430 (successful challenge to wholesale water rates based on use of groundwater not managed by wholesaler)
San Luis Obispo Local Agency Formation Commission v. Central Coast Development Co. (2018) No. B279000 (appeal from denial of attorneys’ fees to LAFCO under indemnity agreement following successful defense of challenge to denial of annexation)
Urgent Care Medical Services v. City of Pasadena (2018) 21 Cal.App.5th 1086 (affirming preliminary injunctions against unpermitted marijuana dispensaries, upholding zoning ordinance)
Court of Appeal for the Third Appellate District
Auburn Police Officers Association v. City of Auburn (2013) No. C067972 (stipulated reversal regarding availability under Meyers-Milias-Brown Act of writ review of City Council’s denial of grievance)
City of Auburn v. Sierra Patient & Caregiver Exchange, Inc. (2013) No. C069622 (unpublished) (upholding preliminary injunction against medical marijuana dispensary under zoning and business license ordinances)
Howard Jarvis Taxpayers Association v. County of Yuba (pending) No. C090473 (defense of local sales tax challenged as a special tax due to ballot label)
Inyo County LAFCO v. Southern Mono Healthcare District (pending) No. C085138 (defense of trial court victory in dispute involving LAFCO power to regulate out-of-boundary service by healthcare district)
Ryan v. City of Roseville (2021) No. C090903 (successful appellate defense of trial court victory dismissing landowner’s challenge to real estate transactions of City and a non-profit higher education entity as well as California Public Records Act claims)
Court of Appeal for the Fourth Appellate District, Division 2 (Riverside)
Inland Oversight Committee v. City of Ontario (2015) 240 Cal.App.4th 1140 (counsel for amici) (sustaining dismissal of Proposition 26 challenge to Tourism Marketing District Assessment for lack of standing and due to untimely appeal)
Court of Appeal for the Fourth Appellate District, Division 3 (Santa Ana)
City of El Cajon v. San Diego County LAFCO (2012) No. G045021 (affirming denial of attorney fees to litigant which successfully challenged LAFCO’s denial of island annexation)
Court of Appeal for the Sixth Appellate District
Hobbs v. City of Pacific Grove (pending) No. H047705 (appellate defense of trial court victory in challenge to regulation of short-term rentals)
Molecular Analytical Systems v. Ciphergen Biosystems, Inc. (2010) 186 Cal.App.4th 696 (licensor’s fraud claim against licensee was subject to arbitration)
Monterey Peninsula Taxpayers Assn v. Monterey Peninsula Water Management District (2018) No. H042484 (affirming successful defense of District’s refusal to place referendum on ballot to repeal water supply charge)