Adam Hofmann

Adam W. Hofmann

Partner

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Real Estate
Real Estate
San Francisco

Adam 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, 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 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 in the U.S. District Court for the Northern District of California.

Representative Work

Appeals and Writs

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

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

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.

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.

Publications

"'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)

See All Publications

Blog Posts

See All Blog Posts

Presentations

"Drought Regulations, Groundwater Management, and Water Rates," co-presenter, County Counsel's Association of California Environmental Law and Regulation Fall 2016 Study Section Conference (October 2016)

"Drought Regulations, Groundwater Management, and Water Rates," co-presenter, California Special Districts Association Annual Conference (October 2016)

"And Not a Drop to Drink: Public Agency Options for Responding to Drought," co-speaker, Municipal Management Association of Northern California Annual Conference (October 2015)

"The Law: When do the Substantive and Procedural Provisions of Proposition 218 and Proposition 26 Apply?" Municipal Water Utility Ratemaking in California Seminar (July 2015)

"Emerging Trends in Urban Planning and Development - SB 374 and 743," University of San Francisco School of Law’s Environmental Law Society (November 2014)

"State Water Resources Control Board Emergency Regulations for Water Suppliers," co-speaker, Hanson Bridgett Public Agency Roundtable Series (July 2014)

"Setting Retail Water Rates During Water Shortage Conditions," panelist, Water Shortage Seminar (April 2014)

"SB 375, Sustainable Communities and Climate Protection Act of 2008: Implementation Update and Development Incentives," Hanson Bridgett Public Agency Roundtable Series (June 2013)

See All Presentations

Press

"The Shape of Groundwater Fees," Daily Journal (December 2017) 

"Is There an Economic Fix to Masterpiece Cakeshop?," Bloomberg Law (November  2017)

"Weekly Appellate Report Podcast," Daily Journal Friday Podcasts (April 14, 2017)

Professional Affiliations

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

Judicial Clerkships

Judicial Extern for the Honorable Martin J. Jenkins, United States 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)

Admissions And Courts

California

Supreme Court of the United States

U.S. Court of Appeals for the Ninth Circuit

U.S. District Court for the Northern District of California

San Francisco

415-995-5819 Direct Phone
415-995-3483 Fax

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Firm Leadership

Recruiting Committee, Chair

Vice Chair of Appellate Practice