Chris Micheli – Page 130 – California Globe

California Courts and Effective Versus Operative Dates

December 26, 2024 10:05 amDecember 26, 2024 10:05 am

What is the difference between a law’s “effective date” and its “operative date”? A common definition of “effective date” is when the new law is “on the books.” A common definition of “operative date” is when the new law becomes...

California Courts and the Legislature Amending an Initiative Statute

December 26, 2024 7:39 amDecember 26, 2024 9:41 am

California’s Constitution, in Article II, Section 10(c) sets forth the authority of the Legislature to change the language of a statutory initiative (i.e., an initiative passed by the voters that added or amended statutory language, rather than a constitutional initiative)....

California Courts and the Reenactment Rule

December 24, 2024 2:30 amDecember 24, 2024 2:31 am

In County of San Diego v. Commission on State Mandates (2018), the California Supreme Court dealt with the Sexually Violent Predators Act (SVPA) which, among other provisions, imposed duties on county governments. The court decision also addressed the California Constitution’s “reenactment...

A sea of empty desks inside the California State Assembly

California Courts and State Mandates in Statutes

December 23, 2024 2:30 amDecember 23, 2024 2:31 am

In County of San Diego v. Commission on State Mandates (2018), the California Supreme Court dealt with the Sexually Violent Predators Act (SVPA) which, among other provisions, imposed duties on county governments. For the first 15 years of the SVPA’s existence,...

Conduct of the Trial in a Civil Action

December 22, 2024 2:33 amDecember 22, 2024 2:34 am

Code of Civil Procedure Part 2, Title 8 deals with the trial in civil actions. Chapter 4, Article 2 concerns the conduct of the trial. Section 607 provides, when the jury has been sworn, the trial must proceed in the...

California Courts and Ex Post Facto Laws

December 21, 2024 2:30 amDecember 21, 2024 2:31 am

What is an “ex post facto” law? This phrase comes from Latin that basically means “after the fact” and its describes when a law is changed retroactively to capture previous conduct and subject that conduct to legal consequences. Ex post...

California Courts and Sunset Clauses in Statutes

December 20, 2024 2:30 amDecember 20, 2024 2:31 am

Sunset clauses, or more properly “repeal clauses,” are used when the Legislature sets a finite time period for a statute to be “on the books.” The repeal date (or more commonly called a sunset date) is set forth in statute...