Chris Micheli – Page 14 – California Globe

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...

A Different Type of Legislative Statement?

December 12, 2024 2:30 amDecember 12, 2024 2:31 am

In reading sections of the California Military and Veterans Code, I came across statutory language that is similar to legislative findings and declarations, which are common throughout California’s 29 Codes. In addition to codified findings, there are thousands of instances...

Service of Summons in California Civil Actions

December 11, 2024 2:30 amDecember 11, 2024 2:31 am

In the California Code of Civil Procedure, Part 2, Title 5, Chapter 4, Article 1, there are provisions related to the service of a summons in civil action. Section 413.10 requires a summons to be served on a person within...

Sunset Clause Versus Repeal Clause

December 10, 2024 2:32 amDecember 10, 2024 2:33 am

What is the difference between a sunset clause and a repeal clause in California legislation? I could only find two California Code sections using a sunset date, both of which are concerning the “sunset” or expiration of an existing tax....

Describing a Spot Bill

December 9, 2024 2:30 amDecember 9, 2024 2:31 am

In the California Legislature, a “spot bill” is basically used as a placeholder for a future measure to be amended into the spot bill. Bills introduced in the California Legislature without substantive language in them are called “spot bills.” These...

Awarding of Public Contracts

December 8, 2024 2:30 amDecember 8, 2024 2:31 am

Public Contract Code Division 2, Part 1, Chapter 6 addresses the awarding of contracts. Section 6100 requires a state agency, prior to awarding a contract for work to be performed by a contractor, to verify with the Contractors State License...

Place of Trial in California Civil Actions

December 7, 2024 2:30 amDecember 7, 2024 2:31 am

Code of Civil Procedure Part 2, Title 3, Chapter 1, deals with the place of civil trials. Section 392 states that, subject to the power of the court to transfer actions and proceedings as provided in this title, the superior...