California courts – Page 2 – California Globe

Guidance for Drafting a Retroactive California Statute

June 28, 2024 2:30 amJune 28, 2024 2:31 am

As a general rule, there is a presumption against retroactive application of a statute, unless the Legislature plainly has directed otherwise by means of express language of retroactivity or other sources that provide a clear and unavoidable implication that the...

Frequently Asked Questions about Retroactivity of California Statutes

June 27, 2024 2:30 amJune 27, 2024 2:31 am

Is a statute presumed to operate retroactively? In California, as in most states, a statute is presumed to operate prospectively. How do California courts generally view applying a statute’s provisions? In Quarry v. Doe I (2012) 53 Cal.4th 945, 955,...

Frequently Asked Questions about Exhausting Administrative Remedies in California

April 8, 2024 2:30 amApril 8, 2024 2:31 am

What does “exhausting administrative remedies” mean? According to California Office of Legislative Counsel, the “exhaustion of remedies” principle is a fundamental concept of administrative law governing the relationship between agencies and courts. Essentially it means that individuals who disagree with...

Should Legislative Statements Accompany Retroactive Law Changes?

January 10, 2024 6:25 amJanuary 10, 2024 6:25 am

A few times per year in the California Legislature, readers may see language that states “this act does not constitute a change in, but is declaratory of, existing law.” What is the purpose of this language and should these types...

Frequently Asked Questions about Signing Messages by California Governors

December 1, 2023 6:45 amDecember 1, 2023 6:46 am

What is a signing message? Despite no constitutional provision, Governors in this state have long used “signing messages” to accompany a Governor’s signature on a bill. What is an example of a signing message? The following is an example of...

AB 316 Contains Interesting ‘Legislative Geek’ Provisions

September 19, 2023 4:11 pmSeptember 19, 2023 4:11 pm

Pending on the Governor’s Desk is Assembly Bill 316, which deals with autonomous vehicles. In reading the bill’s provisions, I came across a few interesting provisions for legislative geeks like myself. I don’t offer an opinion about the bill itself,...

California’s Labor Code Rarely Applies to the Public Sector

May 31, 2023 2:45 amMay 31, 2023 6:13 am

Many readers are not aware that the California Labor Code generally does not apply to public sector employers, including the state, counties, cities, and special districts. The Labor Code clearly applies to private employers. In most areas, however, the Labor...