Chris Micheli – Page 127 – California Globe

Jurisdiction and Service of Process

January 13, 2025 2:30 amJanuary 13, 2025 2:31 am

California’s Code of Civil Procedure, in Part 2, Title 5, Chapter 5, deals with persons upon whom summons may be serviced in civil actions. Section 416.10 allows a summons to be served on a corporation by delivering a copy of...

Privileges and Penalties of State Militia

January 12, 2025 2:30 amJanuary 12, 2025 2:31 am

Military and Veterans Code Division 2, Part 1, Chapter 7, provides privileges and penalties for the state militia. Section 389 defines the following terms: “temporary military leave of absence,” “public employee, “public agency,” “armed forces,” and “recognized military service.” Section...

Protections for State Militia

January 11, 2025 2:30 amJanuary 11, 2025 2:31 am

Chapter 7.5 of Part 1 of Division 2 of the California Military and Veterans Code provides specified protections to the state militia. Section 400 defines the following terms: “armed forces,” “military orders,” “military service,” and “service member.” Section 401 provides...

California Courts and the Single Subject Rule

January 10, 2025 2:30 amJanuary 10, 2025 2:31 am

Like many states, California’s Constitution contains a “single subject rule,” meaning that a bill must contain provisions that are “reasonably germane” to the same topic that is specified in the bill’s Title. In a California bill, the Title contains the...

California Courts and Determining Budget Revenues and Balanced Budget Requirement

January 9, 2025 2:30 amJanuary 9, 2025 2:31 am

As we know from Article IV of the California Constitution, the legislative and executive branches of government share authority for enactment of the state’s budget. And, the courts have ruled that the judicial branch has a limited role and that...

California Courts and Special or Extraordinary Sessions

January 8, 2025 2:30 amJanuary 8, 2025 2:31 am

The Governor of California has the authority to call a special or extraordinary session of the Legislature pursuant to the state Constitution. Article IV, Section 3(b) provides: “On extraordinary occasions the Governor by proclamation may cause the Legislature to assemble...

California State Capitol dome shines against blue sky

California Courts and Retroactivity of Criminal Statutes

January 7, 2025 2:30 amJanuary 7, 2025 2:31 am

While we know that a general principle of statutory construction is to apply new laws prospectively, criminal law statutes can be unique particularly problematic when it comes to their effective or operative dates. The following is a recent state appellate...