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Hanson Bridgett LLP

Adam W. Hofmann

Adam W. Hofmann

Partner

Hanson Bridgett LLP
California, U.S.A.

tel: 415-995-5819
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Local Time: Sat. 16:06

Profile

Adam serves as the assistant leader of Hanson Bridgett’s appellate practice group. He represents both public and private clients in civil writs, appeals, and mandate proceedings. He has briefed and argued cases in the Ninth Circuit Court of Appeals and every District Court of Appeal in California and has filed merits briefs in two U.S. Supreme Court cases. His experience includes representing cities, counties, and special districts in writs and appeals relating to public finance and revenue measures, land use, civil rights, employee benefits, labor standards, and election law. He has also represented corporate and individual clients in land use, healthcare, and employment appeals.

Outside of the office, Adam coaches regionally and nationally competitive moot-court teams at UC Davis School of Law. He also speaks and writes on questions of local government authority and policy under the California Constitution and is an adjunct professor teaching courses in local government and land use law at the University of San Francisco School of Law. Prior to joining Hanson Bridgett, Adam was also an extern in the chambers of the Honorable Martin J. Jenkins.

Bar Admissions

  • California
  • Supreme Court of the United States
  • U.S. Court of Appeals for the District of Columbia Circuit
  • U.S. Court of Appeals for the Ninth Circuit
  • U.S. District Court for the Northern District of California

Education

J.D., magna cum laude, University of San Francisco School of Law (2005)
B.A., Canisius College (2000)
Areas of Practice
Professional Career

Significant Accomplishments

Appeals and Writs

Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission (2018) 137 S.Ct. 2290 (amicus curiae) – State may prohibit businesses from discriminating against LGBTQ customers, but it violated individual baker’s constitutional rights when enforcing that prohibition based on apparent animus towards religion.

Expressions Hair Design v. Schneiderman (2017) 137 S.Ct. 1144 (amicus curiae) - State's prohibition against credit surcharges violates merchants' First Amendment rights.

Painter v. Blue Diamond Growers, Ninth Circuit Case No. 17-55901 – Almondmilk is not an “imitation” food within the meaning of federal food-labeling laws because it neither substitutes for nor is nutritionally inferior to dairy milk.

AmeriCare MedServices, Inc. v. City of Anaheim, et al., Ninth Circuit Case No. 17-55565 (amicus curiae) – Cities contracting for emergency-medical services pursuant to express, statutory authority were absolutely immune from anti-trust liability, and neither an active-state-supervision requirement nor market-participant exception currently exist or should apply.

Linder v. Golden Gate Bridge, Highway & Transportation Dist., Ninth Circuit Case No. 15-17379 - Plaintiff voluntarily dismissed appeal following oral argument based on threat of novel jurisdictional argument.

City of San Buenaventura v. United Water Conservation Dist. (2017) 3 Cal.5th 1191 (amicus curiae) – Groundwater production charges are not property-related fees limited by Article XIII D of the California Constitution, and fees for government privileges, benefits, products, and services must be reasonably allocated amongst payors.

Jacks v. City of Santa Barbara (2017) 3 Cal.5th 210 (amicus curiae) - Charter city's franchise fees are not taxes governed by Article XIII C of the California Constitution unless they exceed the reasonable value of the franchise.

Restore Hetch Hetchy v. City & County of San Francisco, et al. (2018) 25 Cal.App.5th 865 – Federal Raker Act preempts claim that O’Shaughnessy Dam and Hetch Hetchy Reservoir were an unlawful diversion of water under Article X, section 2 of the California Constitution.

O’Neal v. Stanislaus County Employees’ Retirement Association (2017) 8 Cal.App.5th 1184 - County retirement system had constitutional and statutory authority to consider the interests of both active and retired members when setting employer contributions.

Lemke v. Sutter Roseville Medical Ctr., et al.(2017) 8 Cal.App.5th 1292 - Hospital's reports to the Bureau of Registered Nurses is absolutely privileged from tort liability.

Santos v. Kisco Senior Living, LLC (2016) 1 Cal.App.5th 862 (amicus curiae) - Mandated reporters of elder abuse are absolutely immune from tort liability for reporting and related activity.

Higgins-Williams v. Sutter Medical Foundation (2015) 237 Cal.App.4th 78 - California law does not require employers to allow so-called "boss-ectomies," employee requests for different supervisors as an accommodation for the stress of working with a difficult boss.

Great Oaks Water Co. v. Santa Clara Valley Water Dist. (2015) 239 Cal.App.4th 456 - Water district's groundwater charge did not violate restrictions of California's Proposition 218 or the district's enabling legislation.

Arntz v. Superior Court (Alioto-Pier) (2010) 187 Cal.App.4th 1082 (amicus curiae) - County supervisor could not seek reelection under local term limit rules.

Storper v. Dillick, First District Court of Appeal Case No. A135435, May 31, 2013 (unpub’d) - Trial court had jurisdiction to enforce settlement under Code of Civil Procedure section 664.6.

State of Cal. Div. of Occupational Safety & Health v. Superior Court, Second District Court of Appeal Case No. B 235419, April 23, 2012 (unpub'd) - Trial court abused its discretion by allowing broad, exploratory discovery in traditional mandamus proceeding.

Mandate Proceedings

Successfully defended regional rail authority against Brown Act challenge to emergency closed session regarding the security of essential public services.

Defended elected officials from recall proponent’s writ of mandate attempting to restrict the officials’ ability to discuss their views on relevant political issues in their ballot-pamphlet statements.

Intervened on behalf of political action committee in writ of mandate proceeding and helped defeat challenge to ballot materials regarding San Francisco's Proposition F.

Defended a commuter rail agency in a taxpayer waste suit seeking to sever the agency’s planning relationship with the California High Speed Rail Authority, obtaining early dismissal of all claims.

Fought labor organization's writ of mandate seeking to dictate how the state enforces heat regulations governing farm work.

Defended city against challenge to the Housing Element of its General Plan based on the city's decision to reject a proposed development.



Professional Associations

  • Commission on Judicial Nominees Evaluation
  • American Constitution Society, Bay Area Chapter, Executive Board
  • State Bar of California, Public Law and Real Estate Sections
  • DRI Appellate Advocacy Committee
  • Bar Association of San Francisco Appellate Practice Section

Professional Activities and Experience

Accolades
  • International Municipal Lawyers’ Association, Amicus Advocacy Award (2018)

Blogs

Appellate Insight
Hanson Bridgett LLP 

A Hanson Bridgett blog updating on current Appellate news/events.

HB Briefly
Hanson Bridgett LLP 

Briefly is designed to provide readers with updates on the latest litigation developments in California. Our focus is on general litigation as well as issues surrounding class actions, products liability, discovery, privacy, cybersecurity, and the professional practice of law.

Articles

Supreme Court Clarifies Application of Procedural Requirements of Proposition 218 to Revenue Measures Adopted by Initiative
Hanson Bridgett LLP, September 2017

  On August 28, 2017, the California Supreme Court issued a 5-2 split decision in California Cannabis Coalition v. City of Upland, S234148. The Court held that a revenue measure proposed by citizen initiative is not “imposed by local government," and does not trigger the procedural limitations of Article XIII C of the California Constitution,[1] as a result...

Additional Articles

"'Masterpiece Cakeshop': Drawing Lines to Ensure Tolerance Runs in All Directions," co-author, The Recorder (December 2017)
"Cal Supremes Limit Prop 218’s Impact on Tax Initiatives, but Less Than You Might Think," The Recorder (September 2017)
"Supreme Court Clarifies Application of Procedural Requirements of Proposition 218 to Revenue Measures Adopted by Initiative," co-author, Government Law Alert (September 2017)
"Supreme Court Clarifies Application of Proposition 218 Requirements to Franchise Fees," Litigation & Dispute Resolution Law Alert (June 2017)

Propositions 218 and 26 Implementation Guide" (June 2017)


"Court Rejects Challenge to Groundwater Charges," California Special Districts Association e-News (April 2015)
"The Court of Appeal Holds Groundwater Augmentation Charges Fees for Water Services Under Proposition 218 and Provides Much-Needed Guidance on Several Related Issues," co-author, Hanson Bridgett Public Agency Law Alert (October 2013)
"Chapter 5: Finance and Economic Development," chapter editor, Municipal Law Handbook (2012 - 2013)
"Courts Provide some Relief for Eliminating Vexatious Appeals," Daily Journal (June 2012)
"Chapter 12: Code Enforcement," reviewer, Municipal Law Handbook (2011)
"Negotiating Attorneys Fees," California Lawyer (January 2011)
"Which Comes First, the Compensation or the Fees?" The Recorder (September 2010)
"Blurring Lines: How Supplemental Jurisdiction Unknowingly Gave the World Ancillary Personal Jurisdiction," University of San Francisco Law Review (Fall 2004)


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