A state appellate court has ruled that California water officials cannot go onto private property for soil testing and other studies related to construction of two massive tunnels that would siphon water from the Sacramento River.

Nancy Vogel of the state's Department of Water Resources said Friday that officials anticipated the ruling and work won't be delayed.

The decision handed down Thursday by the state's 3rd District Court of Appeal says an intrusion on private property without permission violates the California Constitution.

If built, the Bay Delta Conservation Plan — estimated to cost billions of dollars — would send fresh water around the Sacramento-San Joaquin Delta to Central and Southern California.

The ruling stems from a lawsuit filed against the state by more than 150 property owners in Sacramento, San Joaquin, Yolo, Solano and Contra Costa counties.

The three-judge panel ruled 2-1 in a 44-page decision with the majority opinion saying the state must adhere to eminent domain laws, which give property owners the right to a jury trial to determine a fair payment for taking away their land.

Acts such as testing soil, observing or trapping animals either by driving onto property, using boats or going on foot amount to "taking" and trigger the need for eminent domain proceedings, the majority opinion said.

The longest-serving current justice of the California Supreme Court announced Tuesday that she is retiring.

Justice Joyce Kennard notified Gov. Jerry Brown that she intends to step down on April 5, ending her 24-year tenure as a member of the state's highest court.

"The state and its people have been very well served by Justice Kennard," Brown said in a statement on Tuesday. "Her independence and intellectual fortitude have left a lasting mark on the Court."

Former Gov. George Deukmejian appointed Kennard to the Supreme Court in 1989, The San Jose Mercury News reported. She previously was a Los Angeles trial judge and an appeals court justice for a brief time before being elevated to the State Supreme Court.

Kennard, 72, has a unique personal history, according to the Mercury News, because she is a native of Indonesia, moved to the Netherlands as a teenager and lost part of her right leg to a tumor, forcing her to walk with a prosthetic the rest of her life.

Kennard moved to the United States in 1961, settling in Southern California. She earned her law degree from the University of Southern California.

In her tenure on the court, she became famous for interjecting questions during oral arguments, often turning them into lengthy speeches before pointing her finger at a lawyer and demanding an answer. Despite being an appointee of the conservative Deukmejian, she was often unpredictable in her rulings and would come down on the more liberal side of social issues before the court.

Kennard was in the 4-3 majority that in 2008 struck down California's long-standing ban on gay marriage, a ruling that preceded voter approval of Proposition 8 — which restored the same-sex marriage ban until the U.S. Supreme Court invalidated it last year.

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Robbins Umeda LLP has commenced an investigation into possible breaches of fiduciary duty and other violations of state law by members of the Board of Directors ("Board") of McAfee, Inc. ("McAfee" or the "Company") (NYSE: MFE) in connection with their efforts to sell McAfee to Intel Corporation ("Intel") (NASDAQ: INTC). If the transaction is completed, McAfee shareholders will receive $48.00 in cash for each share of McAfee common stock they hold.

Robbins Umeda LLP's investigation concerns whether the McAfee Board undertook a fair process to obtain fair consideration for all shareholders of McAfee. Specifically, our investigation concerns whether the Company's Board breached their fiduciary duties to McAfee shareholders by failing to adequately shop the Company before entering into the transaction with Intel. At least one analyst had a price target for the Company at $50 per share. Additionally, under the terms of the agreement, McAfee must pay Intel a $230 million termination fee if McAfee accepts a superior offer to the Intel offer.

If you are a shareholder of McAfee, plan to continue to hold your shares, and would like more information about your rights as a shareholder, please contact attorney Gregory E. Del Gaizo at 800-350-6003 or by e-mail at info@robbinsumeda.com.

Robbins Umeda LLP is a California-based law firm with significant experience representing investors in merger-related shareholder class actions, shareholder derivative actions, and securities fraud class actions. For more information about the firm, please go to http://www.robbinsumeda.com.

The law firm of Soltman, Levitt, Flaherty & Wattles LLP is committed to the highest standard of client care.  We acknowledge receipt of a new matter and make contact  with both the insured and any opposing attorneys immediately. 

The firm services all courts within the State of California. After reviewing the facts of a new claim, we undertake a risk analysis comparing the expense of an endeavor with the desired outcome.  Litigation is viewed by the firm in the same manner.

Prior to performing legal services, a cost/benefit analysis is undertaken to determine not only if a task can be done, but whether it should be done.  

If a matter cannot be resolved quickly, we provide an initial status report, proposed budget  and case analysis to the client no later than thirty days after receipt of the matter. 

Thereafter, we provide monthly status reports every thirty days, or sooner, if necessary.  The firm emphasizes a common sense approach to litigation, which results in a minimizing of costs and a decrease in length of litigation for the insurance carrier.  

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Our lawyers are well aware that the road to future business is paved with successful and cost-effective results from past and ongoing cases.  We understand that the more expeditiously and effectively we are able to resolve cases, the more satisfied will be our clients.  Soltman, Levitt, Flaherty & Wattles LLP stands ready to assist you with your legal needs.

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