What is the Joint Exercise of Powers Act?

The Joint Exercise of Powers Act allows two or more public agencies to agree to jointly exercise any power they hold in common, or to create a separate entity to do so. (Gov. Code, § 6502; Zack v. Marin Emergency Radio Authority (2004) 118 Cal.App.4th 617, 628.)

“For the purposes of this article, the agency is a public entity separate from the parties to the agreement” and the agency “shall have the power to sue and be sued in its own name.” (Gov. Code, § 6507 & § 6508; San Diegans for Open Gov. v. City of San Diego (2015) 242 Cal.App.4th 416, 436.) However, section 6509 allows the signatories to a joint powers agreement to designate one constituent agency whose procedural requirements will govern the agency in the exercise of common powers. (Zack v. Marin Emergency Radio Authority (2004) 118 Cal.App.4th 617, 638.)

Government Tort Claims Act

The Government Tort Claims Act governs tort actions against public entities and public employees. (Gov. Code, §§ 810 et seq.)

The Government Tort Claims Act regulates liability imposed upon public entities pursuant to a joint powers agreement. (Gov. Code, §§ 810 et seq.) “Whenever any public entities enter into an agreement, they are jointly and severally liable.” (Gov. Code, § 895.2; Ross v. Campbell USD (1977) 70 Cal.App.3d 113, 118.) A new entity created by a joint powers agreement shares in that liability as it is part of “an agreement under which a public entity undertakes to perform any function, service or act with or for any other public entity or employee with its consent.” (Gov. Code, § 895.)

Useful Rulings on Joint Exercise of Powers Act

Recent Rulings on Joint Exercise of Powers Act

JOHN ENG VS. MILLENNIUM PARTNERS I, INC. ET AL

Specially Appearing Defendant Millennium Partners I, Inc. Notice Of Motion And Motion To Quash Service Of Summons Matter on calendar for Thursday, November 2, 2016, Line 5, DEFENDANT MILLENNIUM PARTNERS I, INC. Motion To Quash Service Of Summons. The matter is taken off calendar. The complex litigation department issued an order designating...

  • Hearing

    Nov 03, 2016

JOHN ENG VS. MILLENNIUM PARTNERS I, INC. ET AL

DEMURRER TO 1ST AMENDED COMPLAINT Matter on calendar for Thursday, November 2, 2016, Line 5, DEFENDANT MILLENNIUM PARTNERS I, INC. DEMURRER TO 1ST AMENDED COMPLAINT. The matter is taken off calendar. The complex litigation department issued an order designating this matter complex. Please re-schedule this motion pursuant to that order. =(30...

  • Hearing

    Nov 03, 2016

INDUSTRY SPEEDWAY LLC VS CITY OF INDUSTRY

CRIA is not a county-related agency, it is a joint powers authority formed pursuant to the Joint Exercise of Powers Act, Government Code Section 6500, et seq.” (Reply, 2:7-10). The foregoing language is vague to the court. If CRIA is suggesting that it need not file a statement with the county clerk, it should provide the court with supportive authority before or at the time of the hearing.

  • Hearing

    Oct 26, 2016

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

JOHN ENG VS. MILLENNIUM PARTNERS I, INC. ET AL

DEMURRER TO 1ST AMENDED COMPLAINT Set for hearing on Wednesday, October 12, 2016, Line 18, DEFENDANT TRANSBAY JOINT POWERS AUTHORITY'S DEMURRER TO 1ST AMENDED COMPLAINT. Defendant Transbay Joint Powers Authority's demurrer to the seventh and eight causes of action in the first amended complaint for nuisance and dangerous condition of public...

  • Hearing

    Oct 12, 2016

JOHN ENG VS. MILLENNIUM PARTNERS I, INC. ET AL

DEMURRER TO 1ST AMENDED COMPLAINT Set for hearing on Wednesday, September 21, 2016, Line 12, DEFENDANT TRANSBAY JOINT POWERS AUTHORITY'S DEMURRER TO 1ST AMENDED COMPLAINT is off calendar at the moving party's request. =(302/HK)...

  • Hearing

    Sep 21, 2016

MONTECITO WATER DISTRICT ET AL VS PRICE POSTEL & PARMA ETC

While Gnass was city attorney, Waterford entered into a joint powers agreement with its redevelopment agency to create the Waterford Public Financing Authority (the “Authority”). (Ibid.) The Waterford City Council served as the board of the Authority and Gnass served as the Authority’s attorney. (Id. at pp. 1279-1280.) The Authority formed six separate joint powers agencies with other local public agencies to issue revenue bonds.

  • Hearing

    Feb 25, 2013

ST HOPE PUBLIC SCHOOLS VS. CALIFORNIA CHARTER SCHOOLS ASSOCIATION JOINT POWERS AUTHORITY

Hope Public Schools ("Plaintiff") alleges in paragraph 3 of the 4AC alleges that "SHPS qualifies under Government Code section 6528 as a public agency pursuant to section 6500, of Government Code eligible for membership in a joint powers agreement for risk-pooling, and is therefore excepted from the claim filing requirements of Government Code section 905, pursuant to subdivision (i) thereof, if the filing of claim were necessary."

  • Hearing

    Jun 21, 2012

  • Type

    Contract

  • Sub Type

    Breach

ST HOPE PUBLIC SCHOOLS VS. CALIFORNIA CHARTER SCHOOLS ASSOCIATION JOINT POWERS AUTHORITY

As noted in JPA's demurrer, Government Code Section 990.8 allows two or more local government entities, by a joint powers agreement, to provide insurance, including self-insurance or by purchasing insurance through an admitted carrier. Section 990.8 states that such pooling shall not be considered insurance. Prior case law has held that basic contract law, not principles of insurance law, determine questions of coverage regarding joint powers authorities. (City of South El Monte v.

  • Hearing

    Jun 21, 2012

  • Type

    Contract

  • Sub Type

    Breach

SACRAMENTO AREA FLOOD CONTROL AGENCY VS. MARTIN D. SOUZA

SAFCA is a joint powers agency formed under Government Code section 6500 et seq. to among other things provide the Sacramento metropolitan area with at least 100-year flood protection as quickly as possible. Plaintiff SAFCA asserts that in order to implement the Project, it must acquire substantial portions of property along the Natomas Basin. As a consequence it has filed the above referenced eminent domain actions.

  • Hearing

    Dec 14, 2011

  • Type

    Real Property

  • Sub Type

    Breach

SACRAMENTO AREA FLOOD CONTROL AGENCY VS. MATT BREESE

SAFCA is a joint powers agency formed under Government Code section 6500 et seq. to among other things provide the Sacramento metropolitan area with at least 100-year flood protection as quickly as possible. Plaintiff SAFCA asserts that in order to implement the Project, it must acquire substantial portions of property along the Natomas Basin. As a consequence it has filed the above referenced eminent domain actions.

  • Hearing

    Dec 14, 2011

  • Type

    Real Property

  • Sub Type

    Breach

SACRAMENTO AREA FLOOD CONTROL AGENCY, A CALIFORNIA JOINT POWERS AUTHORITY VS. ETHAN CONRAD

SAFCA is a joint powers agency formed under Government Code section 6500 et seq. to among other things provide the Sacramento metropolitan area with at least 100-year flood protection as quickly as possible. Plaintiff SAFCA asserts that in order to implement the Project, it must acquire substantial portions of property along the Natomas Basin. As a consequence it has filed the above referenced eminent domain actions.

  • Hearing

    Dec 14, 2011

  • Type

    Real Property

  • Sub Type

    Breach

SACRAMENTO AREA FLOOD CONTROL AGENCY VS. JAVID T SIDDIQUI

SAFCA is a joint powers agency formed under Government Code section 6500 et seq. to among other things provide the Sacramento metropolitan area with at least 100-year flood protection as quickly as possible. Plaintiff SAFCA asserts that in order to implement the Project, it must acquire substantial portions of property along the Natomas Basin. As a consequence it has filed the above referenced eminent domain actions.

  • Hearing

    Dec 14, 2011

  • Type

    Real Property

  • Sub Type

    Breach

SACRAMENTO AREA FLOOD CONTROL AGENCY VS. SHELL OIL COMPANY

SAFCA is a joint powers agency formed under Government Code section 6500 et seq. to among other things provide the Sacramento metropolitan area with at least 100-year flood protection as quickly as possible. Plaintiff SAFCA asserts that in order to implement the Project, it must acquire substantial portions of property along the Natomas Basin. As a consequence it has filed the above referenced eminent domain actions.

  • Hearing

    Dec 14, 2011

  • Type

    Real Property

  • Sub Type

    Breach

SACRAMENTO AREA FLOOD CONTROL AGENCY VS. CHRIS MORTENSEN

SAFCA is a joint powers agency formed under Government Code section 6500 et seq. to among other things provide the Sacramento metropolitan area with at least 100-year flood protection as quickly as possible. Plaintiff SAFCA asserts that in order to implement the Project, it must acquire substantial portions of property along the Natomas Basin. As a consequence it has filed the above referenced eminent domain actions.

  • Hearing

    Dec 14, 2011

  • Type

    Real Property

  • Sub Type

    Breach

SACRAMENTO AREA FLOOD CONTROL AGENCY VS. CARMEN R SILVA TRUSTEE

SAFCA is a joint powers agency formed under Government Code section 6500 et seq. to among other things provide the Sacramento metropolitan area with at least 100-year flood protection as quickly as possible. Plaintiff SAFCA asserts that in order to implement the Project, it must acquire substantial portions of property along the Natomas Basin. As a consequence it has filed the above referenced eminent domain actions.

  • Hearing

    Dec 14, 2011

  • Type

    Real Property

  • Sub Type

    Breach

SACRAMENTO AREA FLOOD CONTROL AGENCY VS. RANJIT S DHALIWAL

SAFCA is a joint powers agency formed under Government Code section 6500 et seq. to among other things provide the Sacramento metropolitan area with at least 100-year flood protection as quickly as possible. Plaintiff SAFCA asserts that in order to implement the Project, it must acquire substantial portions of property along the Natomas Basin. As a consequence it has filed the above referenced eminent domain actions.

  • Hearing

    Dec 14, 2011

  • Type

    Real Property

  • Sub Type

    Breach

SACRAMENTO AREA FLOOD CONTROL AGENCY VS. TEAL BEND LP

SAFCA is a joint powers agency formed under Government Code section 6500 et seq. to among other things provide the Sacramento metropolitan area with at least 100-year flood protection as quickly as possible. Plaintiff SAFCA asserts that in order to implement the Project, it must acquire substantial portions of property along the Natomas Basin. As a consequence it has filed the above referenced eminent domain actions.

  • Hearing

    Dec 14, 2011

  • Type

    Real Property

  • Sub Type

    Breach

SACRAMENTO AREA FLOOD CONTROL AGENCY VS. PHYLLIS JOYCE PAPPA

SAFCA is a joint powers agency formed under Government Code section 6500 et seq. to among other things provide the Sacramento metropolitan area with at least 100-year flood protection as quickly as possible. Plaintiff SAFCA asserts that in order to implement the Project, it must acquire substantial portions of property along the Natomas Basin. As a consequence it has filed the above referenced eminent domain actions.

  • Hearing

    Dec 14, 2011

  • Type

    Real Property

  • Sub Type

    Breach

SACRAMENTO AREA FLOOD CONTROL AGENCY VS. RANJIT S. DHALIWAL

SAFCA is a joint powers agency formed under Government Code section 6500 et seq. to among other things provide the Sacramento metropolitan area with at least 100-year flood protection as quickly as possible. Plaintiff SAFCA asserts that in order to implement the Project, it must acquire substantial portions of property along the Natomas Basin. As a consequence it has filed the above referenced eminent domain actions.

  • Hearing

    Dec 14, 2011

  • Type

    Real Property

  • Sub Type

    Breach

SACRAMENTO AREA FLOOD CONTROL AGENCY VS. JAVED T SIDDIQUI

SAFCA is a joint powers agency formed under Government Code section 6500 et seq. to among other things provide the Sacramento metropolitan area with at least 100-year flood protection as quickly as possible. Plaintiff SAFCA asserts that in order to implement the Project, it must acquire substantial portions of property along the Natomas Basin. As a consequence it has filed the above referenced eminent domain actions.

  • Hearing

    Dec 14, 2011

  • Type

    Real Property

  • Sub Type

    Breach

SACRAMENTO AREA FLOOD CONTROL AGENCY VS. PHYLLIS JOYCE PAPPA TRUSTEE

SAFCA is a joint powers agency formed under Government Code section 6500 et seq. to among other things provide the Sacramento metropolitan area with at least 100-year flood protection as quickly as possible. Plaintiff SAFCA asserts that in order to implement the Project, it must acquire substantial portions of property along the Natomas Basin. As a consequence it has filed the above referenced eminent domain actions.

  • Hearing

    Dec 14, 2011

  • Type

    Real Property

  • Sub Type

    Breach

SACRAMENTO AREA FLOOD CONTROL AGENCY VS. MICHIKO KUBO TRUSTEE

SAFCA is a joint powers agency formed under Government Code section 6500 et seq. to among other things provide the Sacramento metropolitan area with at least 100-year flood protection as quickly as possible. Plaintiff SAFCA asserts that in order to implement the Project, it must acquire substantial portions of property along the Natomas Basin. As a consequence it has filed the above referenced eminent domain actions.

  • Hearing

    Dec 09, 2011

  • Type

    Real Property

  • Sub Type

    Breach

SACRAMENTO AREA FLOOD CONTROL AGENCY VS. EDWARD R BIANCHI

SAFCA is a joint powers agency formed under Government Code section 6500 et seq. to among other things provide the Sacramento metropolitan area with at least 100-year flood protection as quickly as possible. Plaintiff SAFCA asserts that in order to implement the Project, it must acquire substantial portions of property along the Natomas Basin. As a consequence it has filed the above referenced eminent domain actions.

  • Hearing

    Dec 07, 2011

  • Type

    Real Property

  • Sub Type

    Breach

ST HOPE PUBLIC SCHOOLS VS. CALIFORNIA CHARTER SCHOOLS ASSOCIATION JOINT POWERS AUTHORITY

JPA is a public agency pursuant to Government Code § 6500. As pled, the causes of action only seek damages for fraud. Public entities can only act through employees and are not liable for damages caused by an employee's misrepresentation. (Gov't Code § 818.8.) However, as pointed out by Plaintiff in opposition, section 818.8 does not bar claims for fraud seeking rescission and restitution. (Sachs v. City of Oceanside (1984) 151 Cal.App.3d 315, 322-323.)

  • Hearing

    Nov 17, 2011

  • Type

    Contract

  • Sub Type

    Breach

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