Chris Micheli – Page 131 – California Globe

California Courts and the Legislative Open Records Act

December 19, 2024 2:30 amDecember 19, 2024 2:31 am

The main appellate court case involving the Legislative Open Records Act (LORA) is Zumbrun Law Firm v. California Legislature (2008) 165 Cal.App.4th 1603, review denied. In that case, according to the courts, the Legislature’s response to a LORA record request satisfied the...

California Courts and Urgency Clauses in Statutes

December 18, 2024 2:30 amDecember 18, 2024 2:31 am

Urgency clause measures in the California Legislature are one of four types of bills that take effect immediately upon the Governor’s signature, rather than the standard January 1 following the bill’s enactment. So, how have the California courts interpreted bills...

California Courts and Repealed Statutes

December 17, 2024 2:30 amDecember 17, 2024 6:29 am

There are a number of reported California appellate court decisions addressing the issue of repealed statutes. Repealed statutes can raise issues including retroactive impact and vested rights. In addition, some decisions raise the issue of implied repeals, versus explicit ones....

Why California Needs Multiple Budget Trailer Bills

December 16, 2024 2:30 amDecember 16, 2024 2:31 am

Questions have often been raised about why there are so many trailer bills needed as part of the budget process in California. The number has grown over the past couple of decades and this has been a recurring concern. However,...

Interpretation of Obligations

December 15, 2024 2:30 amDecember 15, 2024 2:31 am

The California Civil Code, in Division 3, Part 1, Title 2, Chapter 2, provides for joint or several obligations. Section 1430 states that an obligation imposed upon several persons, or a right created in favor of several persons, may be...

Sabotage Prevention Act

December 14, 2024 2:30 amDecember 14, 2024 2:31 am

California’s Military and Veterans Code, in Division 7, Chapter 2, contains the Sabotage Prevention Act of 1950. Article 1 concerns general provisions and definitions. Section 1630 states that the chapter is cited as the Sabotage Prevention Act of 1950. Section...

Why Would the Legislature Request?

December 13, 2024 2:30 amDecember 13, 2024 2:31 am

We know in drafting California statutes, the term “shall” is mandatory and the term “may” is permissive. In other words, required conduct found in a statute uses the word “shall,” while discretionary conduct found in a statute used the word...