California courts – Page 2 – California Globe

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...

Are Severability Clauses Necessary in California Bills?

October 16, 2022 4:38 pmOctober 16, 2022 4:55 pm

Around the country, and at the federal level, there is an ongoing debate among legislative lawyers whether a severability clause must be included in legislation. If a bill contains a severability clause, then the matter of whether provisions contained in...

The Purposes of California’s Administrative Procedure Act

November 2, 2021 2:26 amNovember 2, 2021 6:29 am

California’s Administrative Procedure Act (APA), like its federal counterpart, provides the formal procedures by which the executive branch agencies must conduct their rulemaking activities. What is the purpose of the APA according to the courts of this state? There are...

Public Hearings Under the Administrative Procedure Act

October 23, 2021 4:08 pmOctober 24, 2021 8:58 am

As part of California’s Administrative Procedure Act (APA), the rulemaking bodies of the executive branch of state government must conduct a public hearing on a proposed regulation if requested by a member of the public. Pursuant to Government Code Section...

Retroactivity of California Statutes

October 7, 2020 6:24 amOctober 7, 2020 8:41 am

In California, as in most states, a statute is presumed to operate prospectively. Quarry v. Doe I (2012) 53 Cal.4th 945, 955. In construing statutes, there is a presumption against retroactive application unless the Legislature plainly has directed otherwise by...