Empathy List Archives

YD

Yuan, Diana

Tue, Mar 24, 2020 11:49 PM

Hello,

Santa Clara County issued a shelter-in-place order prior to the State order. There are some differences in what is considered an "essential service" that can continue operating. Santa Clara County Counsel has taken the position that the State order does not preempt the County order because there is no language in the State order explicitly stating the intent to preempt. Has any other County or City issued a shelter-in-place order and what has been the position regarding preemption?

Thank you all in advance for your input!

Diana Yuan
Deputy City Attorney, City Attorney's Office
City of San José
200 E. Santa Clara Street, 16th Floor, San José, CA 95113
Direct: (408) 535-1955; Main: (408) 535-1900

Please consider the environment before printing this email

NOTICE TO RECIPIENT: This communication is intended only for the person to whom it is addressed and may be protected by law. If you receive this in error, any review, use, dissemination, distribution, or copying is strictly prohibited. Please notify us immediately of the error and delete this communication and any attached documents from your system. Thank you for your cooperation

Hello, Santa Clara County issued a shelter-in-place order prior to the State order. There are some differences in what is considered an "essential service" that can continue operating. Santa Clara County Counsel has taken the position that the State order does not preempt the County order because there is no language in the State order explicitly stating the intent to preempt. Has any other County or City issued a shelter-in-place order and what has been the position regarding preemption? Thank you all in advance for your input! Diana Yuan Deputy City Attorney, City Attorney's Office City of San José 200 E. Santa Clara Street, 16th Floor, San José, CA 95113 Direct: (408) 535-1955; Main: (408) 535-1900 * Please consider the environment before printing this email ________________________________________________ NOTICE TO RECIPIENT: This communication is intended only for the person to whom it is addressed and may be protected by law. If you receive this in error, any review, use, dissemination, distribution, or copying is strictly prohibited. Please notify us immediately of the error and delete this communication and any attached documents from your system. Thank you for your cooperation

NZ

Norayr Zurabyan

Tue, Mar 24, 2020 11:53 PM

For preemption purposes, express preemption is not the only way. There is also implied preemption, such as by conflict or regarding matters of statewide concern, etc.

Norayr (Noro) Zurabyan
Board Liaison Division
Office of the Los Angeles County Counsel
648 Kenneth Hahn Hall of Administration
500 West Temple Street
Los Angeles, California 90012
Office: (213) 974-1796
Cell: (323) 337-2199
Fax: (213) 680-2165
CONFIDENTIALITY NOTICE: This email message, including any attachments, from the Office of the County Counsel is intended for the official and confidential use of the recipients to whom it is addressed. It contains information that may be confidential, privileged, attorney work product, or otherwise exempted from disclosure under applicable law. If you have received this message in error, be advised that any review, disclosure, use, dissemination, distribution, or reproduction of this message or its contents is strictly prohibited. Please notify us immediately by a reply e-mail that you have received this message in error, and destroy this message, including any attachments.

From: Disasterrelief disasterrelief-bounces@lists.imla.org On Behalf Of Yuan, Diana
Sent: Tuesday, March 24, 2020 4:49 PM
To: disasterrelief@lists.imla.org
Subject: [Disasterrelief] State Shelter-in-Place Order Preempting County Orders

CAUTION: External Email. Proceed Responsibly.
Hello,

Santa Clara County issued a shelter-in-place order prior to the State order. There are some differences in what is considered an "essential service" that can continue operating. Santa Clara County Counsel has taken the position that the State order does not preempt the County order because there is no language in the State order explicitly stating the intent to preempt. Has any other County or City issued a shelter-in-place order and what has been the position regarding preemption?

Thank you all in advance for your input!

Diana Yuan
Deputy City Attorney, City Attorney's Office
City of San José
200 E. Santa Clara Street, 16th Floor, San José, CA 95113
Direct: (408) 535-1955; Main: (408) 535-1900
P Please consider the environment before printing this email

NOTICE TO RECIPIENT: This communication is intended only for the person to whom it is addressed and may be protected by law. If you receive this in error, any review, use, dissemination, distribution, or copying is strictly prohibited. Please notify us immediately of the error and delete this communication and any attached documents from your system. Thank you for your cooperation

For preemption purposes, express preemption is not the only way. There is also implied preemption, such as by conflict or regarding matters of statewide concern, etc. Norayr (Noro) Zurabyan Board Liaison Division Office of the Los Angeles County Counsel 648 Kenneth Hahn Hall of Administration 500 West Temple Street Los Angeles, California 90012 Office: (213) 974-1796 Cell: (323) 337-2199 Fax: (213) 680-2165 CONFIDENTIALITY NOTICE: This email message, including any attachments, from the Office of the County Counsel is intended for the official and confidential use of the recipients to whom it is addressed. It contains information that may be confidential, privileged, attorney work product, or otherwise exempted from disclosure under applicable law. If you have received this message in error, be advised that any review, disclosure, use, dissemination, distribution, or reproduction of this message or its contents is strictly prohibited. Please notify us immediately by a reply e-mail that you have received this message in error, and destroy this message, including any attachments. From: Disasterrelief <disasterrelief-bounces@lists.imla.org> On Behalf Of Yuan, Diana Sent: Tuesday, March 24, 2020 4:49 PM To: disasterrelief@lists.imla.org Subject: [Disasterrelief] State Shelter-in-Place Order Preempting County Orders CAUTION: External Email. Proceed Responsibly. Hello, Santa Clara County issued a shelter-in-place order prior to the State order. There are some differences in what is considered an "essential service" that can continue operating. Santa Clara County Counsel has taken the position that the State order does not preempt the County order because there is no language in the State order explicitly stating the intent to preempt. Has any other County or City issued a shelter-in-place order and what has been the position regarding preemption? Thank you all in advance for your input! Diana Yuan Deputy City Attorney, City Attorney's Office City of San José 200 E. Santa Clara Street, 16th Floor, San José, CA 95113 Direct: (408) 535-1955; Main: (408) 535-1900 P Please consider the environment before printing this email ________________________________________________ NOTICE TO RECIPIENT: This communication is intended only for the person to whom it is addressed and may be protected by law. If you receive this in error, any review, use, dissemination, distribution, or copying is strictly prohibited. Please notify us immediately of the error and delete this communication and any attached documents from your system. Thank you for your cooperation

YD

Yuan, Diana

Tue, Mar 24, 2020 11:57 PM

Thanks for your response. Santa Clara County Counsel's position is that their order is not preempted by the State order in any way. Has any other City or County also taken that position?

Diana Yuan
Deputy City Attorney, City Attorney's Office
City of San José
200 E. Santa Clara Street, 16th Floor, San José, CA 95113
Direct: (408) 535-1955; Main: (408) 535-1900
P Please consider the environment before printing this email

NOTICE TO RECIPIENT: This communication is intended only for the person to whom it is addressed and may be protected by law. If you receive this in error, any review, use, dissemination, distribution, or copying is strictly prohibited. Please notify us immediately of the error and delete this communication and any attached documents from your system. Thank you for your cooperation

From: Norayr Zurabyan NZurabyan@counsel.lacounty.gov
Sent: Tuesday, March 24, 2020 4:53 PM
To: Yuan, Diana Diana.Yuan@sanjoseca.gov; disasterrelief@lists.imla.org
Subject: RE: State Shelter-in-Place Order Preempting County Orders

[External Email]

For preemption purposes, express preemption is not the only way. There is also implied preemption, such as by conflict or regarding matters of statewide concern, etc.

Norayr (Noro) Zurabyan
Board Liaison Division
Office of the Los Angeles County Counsel
648 Kenneth Hahn Hall of Administration
500 West Temple Street
Los Angeles, California 90012
Office: (213) 974-1796
Cell: (323) 337-2199
Fax: (213) 680-2165
CONFIDENTIALITY NOTICE: This email message, including any attachments, from the Office of the County Counsel is intended for the official and confidential use of the recipients to whom it is addressed. It contains information that may be confidential, privileged, attorney work product, or otherwise exempted from disclosure under applicable law. If you have received this message in error, be advised that any review, disclosure, use, dissemination, distribution, or reproduction of this message or its contents is strictly prohibited. Please notify us immediately by a reply e-mail that you have received this message in error, and destroy this message, including any attachments.

From: Disasterrelief <disasterrelief-bounces@lists.imla.org mailto:disasterrelief-bounces@lists.imla.org> On Behalf Of Yuan, Diana
Sent: Tuesday, March 24, 2020 4:49 PM
To: disasterrelief@lists.imla.org mailto:disasterrelief@lists.imla.org
Subject: [Disasterrelief] State Shelter-in-Place Order Preempting County Orders

CAUTION: External Email. Proceed Responsibly.
Hello,

Santa Clara County issued a shelter-in-place order prior to the State order. There are some differences in what is considered an "essential service" that can continue operating. Santa Clara County Counsel has taken the position that the State order does not preempt the County order because there is no language in the State order explicitly stating the intent to preempt. Has any other County or City issued a shelter-in-place order and what has been the position regarding preemption?

Thank you all in advance for your input!

Diana Yuan
Deputy City Attorney, City Attorney's Office
City of San José
200 E. Santa Clara Street, 16th Floor, San José, CA 95113
Direct: (408) 535-1955; Main: (408) 535-1900
P Please consider the environment before printing this email

NOTICE TO RECIPIENT: This communication is intended only for the person to whom it is addressed and may be protected by law. If you receive this in error, any review, use, dissemination, distribution, or copying is strictly prohibited. Please notify us immediately of the error and delete this communication and any attached documents from your system. Thank you for your cooperation

This message is from outside the City email system. Do not open links or attachments from untrusted sources.

Thanks for your response. Santa Clara County Counsel's position is that their order is not preempted by the State order in any way. Has any other City or County also taken that position? Diana Yuan Deputy City Attorney, City Attorney's Office City of San José 200 E. Santa Clara Street, 16th Floor, San José, CA 95113 Direct: (408) 535-1955; Main: (408) 535-1900 P Please consider the environment before printing this email ________________________________________________ NOTICE TO RECIPIENT: This communication is intended only for the person to whom it is addressed and may be protected by law. If you receive this in error, any review, use, dissemination, distribution, or copying is strictly prohibited. Please notify us immediately of the error and delete this communication and any attached documents from your system. Thank you for your cooperation From: Norayr Zurabyan <NZurabyan@counsel.lacounty.gov> Sent: Tuesday, March 24, 2020 4:53 PM To: Yuan, Diana <Diana.Yuan@sanjoseca.gov>; disasterrelief@lists.imla.org Subject: RE: State Shelter-in-Place Order Preempting County Orders [External Email] For preemption purposes, express preemption is not the only way. There is also implied preemption, such as by conflict or regarding matters of statewide concern, etc. Norayr (Noro) Zurabyan Board Liaison Division Office of the Los Angeles County Counsel 648 Kenneth Hahn Hall of Administration 500 West Temple Street Los Angeles, California 90012 Office: (213) 974-1796 Cell: (323) 337-2199 Fax: (213) 680-2165 CONFIDENTIALITY NOTICE: This email message, including any attachments, from the Office of the County Counsel is intended for the official and confidential use of the recipients to whom it is addressed. It contains information that may be confidential, privileged, attorney work product, or otherwise exempted from disclosure under applicable law. If you have received this message in error, be advised that any review, disclosure, use, dissemination, distribution, or reproduction of this message or its contents is strictly prohibited. Please notify us immediately by a reply e-mail that you have received this message in error, and destroy this message, including any attachments. From: Disasterrelief <disasterrelief-bounces@lists.imla.org<mailto:disasterrelief-bounces@lists.imla.org>> On Behalf Of Yuan, Diana Sent: Tuesday, March 24, 2020 4:49 PM To: disasterrelief@lists.imla.org<mailto:disasterrelief@lists.imla.org> Subject: [Disasterrelief] State Shelter-in-Place Order Preempting County Orders CAUTION: External Email. Proceed Responsibly. Hello, Santa Clara County issued a shelter-in-place order prior to the State order. There are some differences in what is considered an "essential service" that can continue operating. Santa Clara County Counsel has taken the position that the State order does not preempt the County order because there is no language in the State order explicitly stating the intent to preempt. Has any other County or City issued a shelter-in-place order and what has been the position regarding preemption? Thank you all in advance for your input! Diana Yuan Deputy City Attorney, City Attorney's Office City of San José 200 E. Santa Clara Street, 16th Floor, San José, CA 95113 Direct: (408) 535-1955; Main: (408) 535-1900 P Please consider the environment before printing this email ________________________________________________ NOTICE TO RECIPIENT: This communication is intended only for the person to whom it is addressed and may be protected by law. If you receive this in error, any review, use, dissemination, distribution, or copying is strictly prohibited. Please notify us immediately of the error and delete this communication and any attached documents from your system. Thank you for your cooperation This message is from outside the City email system. Do not open links or attachments from untrusted sources.

MB

Mary Beth Coburn

Wed, Mar 25, 2020 12:04 AM

Diana,

It is our understanding that the Governor updated his website to indicate that "this is a statewide order" in response to the preemption question. While there may be differences in interpretation, we do not believe that counties can prohibit activities that the Governor has determined to be critical.

We also heard that LA County revised its order to be consistent with the Governor's. Perhaps Noro could weigh in on that.

Regards,
Mary Beth

[http://clients.bbklaw.net/images/logos/bbklogohires.jpg]http://www.bbklaw.com/

Mary Beth Coburn, P.E. https://www.bbklaw.com/our-team/mary-beth-coburn

Partner

marybeth.coburn@bbklaw.com

T: (619) 525-1369 C: (619) 517-0013

www.BBKlaw.com http://www.BBKlaw.com [http://clients.bbklaw.net/images/logos/LinkedIn-rescaled.jpg] https://www.linkedin.com/company/bestbestkrieger/ [http://clients.bbklaw.net/images/logos/Twitter_logo_white.jpg] https://twitter.com/BBKlaw

From: Disasterrelief [mailto:disasterrelief-bounces@lists.imla.org] On Behalf Of Yuan, Diana
Sent: Tuesday, March 24, 2020 4:58 PM
To: Norayr Zurabyan; disasterrelief@lists.imla.org
Subject: Re: [Disasterrelief] State Shelter-in-Place Order Preempting County Orders

CAUTION - EXTERNAL SENDER.

Thanks for your response. Santa Clara County Counsel's position is that their order is not preempted by the State order in any way. Has any other City or County also taken that position?

Diana Yuan
Deputy City Attorney, City Attorney's Office
City of San José
200 E. Santa Clara Street, 16th Floor, San José, CA 95113
Direct: (408) 535-1955; Main: (408) 535-1900
P Please consider the environment before printing this email

NOTICE TO RECIPIENT: This communication is intended only for the person to whom it is addressed and may be protected by law. If you receive this in error, any review, use, dissemination, distribution, or copying is strictly prohibited. Please notify us immediately of the error and delete this communication and any attached documents from your system. Thank you for your cooperation

From: Norayr Zurabyan NZurabyan@counsel.lacounty.gov
Sent: Tuesday, March 24, 2020 4:53 PM
To: Yuan, Diana Diana.Yuan@sanjoseca.gov; disasterrelief@lists.imla.org
Subject: RE: State Shelter-in-Place Order Preempting County Orders

[External Email]

For preemption purposes, express preemption is not the only way. There is also implied preemption, such as by conflict or regarding matters of statewide concern, etc.

Norayr (Noro) Zurabyan
Board Liaison Division
Office of the Los Angeles County Counsel
648 Kenneth Hahn Hall of Administration
500 West Temple Street
Los Angeles, California 90012
Office: (213) 974-1796
Cell: (323) 337-2199
Fax: (213) 680-2165
CONFIDENTIALITY NOTICE: This email message, including any attachments, from the Office of the County Counsel is intended for the official and confidential use of the recipients to whom it is addressed. It contains information that may be confidential, privileged, attorney work product, or otherwise exempted from disclosure under applicable law. If you have received this message in error, be advised that any review, disclosure, use, dissemination, distribution, or reproduction of this message or its contents is strictly prohibited. Please notify us immediately by a reply e-mail that you have received this message in error, and destroy this message, including any attachments.

From: Disasterrelief <disasterrelief-bounces@lists.imla.org mailto:disasterrelief-bounces@lists.imla.org> On Behalf Of Yuan, Diana
Sent: Tuesday, March 24, 2020 4:49 PM
To: disasterrelief@lists.imla.org mailto:disasterrelief@lists.imla.org
Subject: [Disasterrelief] State Shelter-in-Place Order Preempting County Orders

CAUTION: External Email. Proceed Responsibly.

Hello,

Santa Clara County issued a shelter-in-place order prior to the State order. There are some differences in what is considered an "essential service" that can continue operating. Santa Clara County Counsel has taken the position that the State order does not preempt the County order because there is no language in the State order explicitly stating the intent to preempt. Has any other County or City issued a shelter-in-place order and what has been the position regarding preemption?

Thank you all in advance for your input!

Diana Yuan
Deputy City Attorney, City Attorney's Office
City of San José
200 E. Santa Clara Street, 16th Floor, San José, CA 95113
Direct: (408) 535-1955; Main: (408) 535-1900
P Please consider the environment before printing this email

NOTICE TO RECIPIENT: This communication is intended only for the person to whom it is addressed and may be protected by law. If you receive this in error, any review, use, dissemination, distribution, or copying is strictly prohibited. Please notify us immediately of the error and delete this communication and any attached documents from your system. Thank you for your cooperation

This message is from outside the City email system. Do not open links or attachments from untrusted sources.

This email and any files or attachments transmitted with it may contain privileged or otherwise confidential information. If you are not the intended recipient, or believe that you may have received this communication in error, please advise the sender via reply email and immediately delete the email you received.

Diana, It is our understanding that the Governor updated his website to indicate that "this is a statewide order" in response to the preemption question. While there may be differences in interpretation, we do not believe that counties can prohibit activities that the Governor has determined to be critical. We also heard that LA County revised its order to be consistent with the Governor's. Perhaps Noro could weigh in on that. Regards, Mary Beth [http://clients.bbklaw.net/images/logos/bbklogohires.jpg]<http://www.bbklaw.com/> Mary Beth Coburn, P.E. <https://www.bbklaw.com/our-team/mary-beth-coburn> Partner marybeth.coburn@bbklaw.com T: (619) 525-1369 C: (619) 517-0013 www.BBKlaw.com <http://www.BBKlaw.com> [http://clients.bbklaw.net/images/logos/LinkedIn-rescaled.jpg] <https://www.linkedin.com/company/bestbestkrieger/> [http://clients.bbklaw.net/images/logos/Twitter_logo_white.jpg] <https://twitter.com/BBKlaw> From: Disasterrelief [mailto:disasterrelief-bounces@lists.imla.org] On Behalf Of Yuan, Diana Sent: Tuesday, March 24, 2020 4:58 PM To: Norayr Zurabyan; disasterrelief@lists.imla.org Subject: Re: [Disasterrelief] State Shelter-in-Place Order Preempting County Orders CAUTION - EXTERNAL SENDER. ________________________________ Thanks for your response. Santa Clara County Counsel's position is that their order is not preempted by the State order in any way. Has any other City or County also taken that position? Diana Yuan Deputy City Attorney, City Attorney's Office City of San José 200 E. Santa Clara Street, 16th Floor, San José, CA 95113 Direct: (408) 535-1955; Main: (408) 535-1900 P Please consider the environment before printing this email ________________________________________________ NOTICE TO RECIPIENT: This communication is intended only for the person to whom it is addressed and may be protected by law. If you receive this in error, any review, use, dissemination, distribution, or copying is strictly prohibited. Please notify us immediately of the error and delete this communication and any attached documents from your system. Thank you for your cooperation From: Norayr Zurabyan <NZurabyan@counsel.lacounty.gov> Sent: Tuesday, March 24, 2020 4:53 PM To: Yuan, Diana <Diana.Yuan@sanjoseca.gov>; disasterrelief@lists.imla.org Subject: RE: State Shelter-in-Place Order Preempting County Orders [External Email] For preemption purposes, express preemption is not the only way. There is also implied preemption, such as by conflict or regarding matters of statewide concern, etc. Norayr (Noro) Zurabyan Board Liaison Division Office of the Los Angeles County Counsel 648 Kenneth Hahn Hall of Administration 500 West Temple Street Los Angeles, California 90012 Office: (213) 974-1796 Cell: (323) 337-2199 Fax: (213) 680-2165 CONFIDENTIALITY NOTICE: This email message, including any attachments, from the Office of the County Counsel is intended for the official and confidential use of the recipients to whom it is addressed. It contains information that may be confidential, privileged, attorney work product, or otherwise exempted from disclosure under applicable law. If you have received this message in error, be advised that any review, disclosure, use, dissemination, distribution, or reproduction of this message or its contents is strictly prohibited. Please notify us immediately by a reply e-mail that you have received this message in error, and destroy this message, including any attachments. From: Disasterrelief <disasterrelief-bounces@lists.imla.org<mailto:disasterrelief-bounces@lists.imla.org>> On Behalf Of Yuan, Diana Sent: Tuesday, March 24, 2020 4:49 PM To: disasterrelief@lists.imla.org<mailto:disasterrelief@lists.imla.org> Subject: [Disasterrelief] State Shelter-in-Place Order Preempting County Orders CAUTION: External Email. Proceed Responsibly. Hello, Santa Clara County issued a shelter-in-place order prior to the State order. There are some differences in what is considered an "essential service" that can continue operating. Santa Clara County Counsel has taken the position that the State order does not preempt the County order because there is no language in the State order explicitly stating the intent to preempt. Has any other County or City issued a shelter-in-place order and what has been the position regarding preemption? Thank you all in advance for your input! Diana Yuan Deputy City Attorney, City Attorney's Office City of San José 200 E. Santa Clara Street, 16th Floor, San José, CA 95113 Direct: (408) 535-1955; Main: (408) 535-1900 P Please consider the environment before printing this email ________________________________________________ NOTICE TO RECIPIENT: This communication is intended only for the person to whom it is addressed and may be protected by law. If you receive this in error, any review, use, dissemination, distribution, or copying is strictly prohibited. Please notify us immediately of the error and delete this communication and any attached documents from your system. Thank you for your cooperation This message is from outside the City email system. Do not open links or attachments from untrusted sources. This email and any files or attachments transmitted with it may contain privileged or otherwise confidential information. If you are not the intended recipient, or believe that you may have received this communication in error, please advise the sender via reply email and immediately delete the email you received.