Chris Micheli – Page 84 – California Globe

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...

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California Courts and Repealed Statutes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There are a number of reported California appellate court decisions addressing the issue of repealed statutes. Repealed statutes can raise issues including retroactive impact and vested rights.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...