Chris Micheli – Page 7 – California Globe

Claims and Disputes in Public Contracting

November 30, 2024 9:38 amNovember 30, 2024 9:38 am

California’s Public Contract Code, in Division 2, Part 1, Chapter 9 addresses claims and disputes. Section 9201 states that a public entity has full authority to compromise or otherwise settle any claim relating to a contract at any time. In...

Reclassification of Civil Actions in California

November 29, 2024 2:30 amNovember 29, 2024 2:31 am

California Code of Civil Procedure Part 2, Title 3, Chapter 2, concerns the reclassification of civil actions and proceedings. Section 403.010 states that nothing in this chapter expands or limits the law on whether a plaintiff, cross-complainant, or petitioner may...

Denials and Defenses in California Civil Action Pleadings

November 28, 2024 6:00 amNovember 28, 2024 6:22 am

California’s Code of Civil Procedure, in Part 2, Title 6, Chapter 3, Article 2, deals with objections to pleadings, specifically denials and defenses. Section 431.10 defines a “material allegation” in a pleading as one essential to the claim or defense...

Relief of Bidders in Public Contracting

November 27, 2024 2:30 amNovember 27, 2024 2:31 am

California’s Public Contract Code in Division 2, Part 1, Chapter 5 provides “relief” of bidders. Section 5100 defines the terms “public entity” and “bid.” Section 5101 prohibits a bidder from being relieved of the bid unless by consent of the...

Political Power Versus Legislative Power

November 26, 2024 2:30 amNovember 26, 2024 2:31 am

Is there a difference between “political power” and “legislative power” under the California Constitution? According to Article II, Section 1, “All political power is inherent in the people.” Article II contains the three forms of direct democracy and voting, which...

Property Subject to Attachment in California

November 25, 2024 6:28 amNovember 25, 2024 6:28 am

In the California Code of Civil Procedure, Part 2, Title 6.5, Chapter 7, it discusses property that is subject to attachment. Section 487.010 sets forth property of a defendant that is subject to attachment, including all corporate property; all partnership...

Helpful Statutory Interpretation Guidelines in California Statutes

November 25, 2024 2:30 amNovember 25, 2024 2:31 am

In reading the California Code of Civil Procedure, I came across Article 1 of Chapter 2 of Title 7 of Part 3. Article 1 is titled, “Construction.” This provides several helpful statutory interpretation or construction principles that are actually applicable...