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

Rulings on Joint Exercise of Powers Act

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

UNSER VS. WESTERN RIVERSIDE COUNCIL OF GOVERNMENTS

Attached to the SAC as "Exhibit A" is the "Joint Powers Agreement of the Western Riverside Council of Governments." The preamble to the agreement states: "This Agreement is made and entered into on the 1st day of April, 1991, pursuant to Government Code Section 6500 et. seq. and other pertinent provisions of law, by and between six or more of the cities located within Western Riverside County and the County of Riverside."

  • Hearing

    Jul 24, 2019

  • Type

    Other

  • Sub Type

    Intellectual Property

UNSER VS. WESTERN RIVERSIDE COUNCIL OF GOVERNMENTS

Attached to the SAC as "Exhibit A" is the "Joint Powers Agreement of the Western Riverside Council of Governments." The preamble to the agreement states: "This Agreement is made and entered into on the 1st day of April, 1991, pursuant to Government Code Section 6500 et. seq. and other pertinent provisions of law, by and between six or more of the cities located within Western Riverside County and the County of Riverside."

  • Hearing

    Jul 24, 2019

  • Type

    Other

  • Sub Type

    Intellectual Property

WESTERN RIVERSIDE VS KAPANICAS

(“Joint Exercise of Powers Act”) and that the Joint Exercise of Powers Act and Plaintiff’s Joint Powers Agreement give Plaintiff the power to sue and be sued in its own name. Plaintiff alleges that it is a “political subdivision” within the meaning of Gov.

  • Hearing

    Feb 14, 2019

SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF SACRAMENTO VS. MICHAEL COHEN IN HIS OFFICIAL CAPACITY AS DIRECTOR OF THE STATE OF CALIFORNIA DEPARTMENT OF FINANCE

SHRA SHRA is a “joint powers agency” created in 1982 pursuant to the Joint Exercise of Powers Act (Gov.

  • Hearing

    May 18, 2018

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

YVETTE DARLENE PEREZ VS INLAND EMPIRE HEALTH PLAN, ET AL.

IEHP argues that it is a “public-entity HMO that operates under a joint powers agreement between Riverside and San Bernardino Counties to provide health coverage for Medi-Cal participants.” (Motion at p. 12; Napoli Decl. ¶ 2.) Under Government Code section 6500, a joint powers authority is a public agency. (Gov. Code § 6500.) Th Court agrees with IEHP that it is a public agency to which CCP section 394 applies. The FEHA Statute The FEHA venue statute also applies to this case.

  • Hearing

    Jan 27, 2020

  • Type

    Employment

  • Sub Type

    Wrongful Term

VAUGHAN, SCOTT VS. PLACER COUNTY, ET AL

It alleges the building permit violates the California Planning and Zoning Laws under Government Code section 6500 et seq. as the County improperly issued the commercial permit in an area zoned residential. (Id. at ¶¶40, 41(e).) This claim is barred by the statute of limitations under Government Code section 65009. “ ‘Section 65009 is located in division 1 (Planning and Zoning) of title 7 (Planning and Land Use) of the Government Code.

  • Hearing

    Jun 12, 2018

  • Type

    Administrative

  • Sub Type

    Writ

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. 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. 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. 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. 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. 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. 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 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

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. 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. 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. 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. 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

RIO SCHOOL DISTRICT VS NEGELE & ASSOCIATES ET AL

Any coverage afforded by VCSSFA under the joint powers agreement is therefore immaterial. Firm and Negele next argue that District’s negligence claim fails to satisfy the damages element because District has not alleged that it would have achieved a better result if its insurance policies had been investigated.

  • Hearing

    Feb 03, 2017

  • Judge Donna Geck
  • County

    Santa Barbara County, CA

SAN DIEGO COUNTY IN-HOME SUPPORTIVE SERVICES PUBLIC AUTHORITY V. CSAC EXCESS INSURANCE AUTHORITY

Both parties point to Article 31 of the Joint Powers Agreement, attached as Exhibit B to the Complaint, to show the parties agreed to arbitrate. However, the parties disagree as to when arbitration should be conducted. The parties were ready to commence arbitration. But Defendant withdrew because it discovered the underlying litigation remains pending. Defendant contends that its coverage decision requires finality of the underlying litigation judgment.

  • Hearing

    Sep 21, 2018

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