California Legislature – Page 71

AB 539: High-frequency Litigants

March 27, 2023 12:43 pmMarch 27, 2023 12:44 pm

Assembly Bill 539 by Assemblywoman Stephanie Nguyen (D-Elk Grove) would address the issue of “high-frequency litigants” involved in the Unruh Civil Rights Act. AB 539 would amend Civil Code Section 52 and amend Code of Civil Procedure Sections 425.50 and...

A Better Approach on Public Right of Access Findings

March 27, 2023 6:19 amMarch 27, 2023 6:32 am

Under the California Constitution, there is a general right of public access to the meetings of local public bodies and the writings of local public officials and local agencies. Nonetheless, in enacting statutes, the Legislature can impose a limitation on...

Combining Legislative Findings and Intent Statements

March 24, 2023 10:38 amMarch 24, 2023 10:39 am

In reviewing legislation in the California Legislature over the past few years, as well as a number of California appellate court decisions, I definitely have a preferred approach to setting forth legislative findings, declarations, and intent in legislation. In that...

Another California Legislative Process Bill Example

March 23, 2023 5:29 pmMarch 23, 2023 5:34 pm

For those watching the Senate and Assembly Floors on Thursday, March 23, 2023, one bill jumped through several procedural hurdles in a single day. The bill is SBX1 – 2 (or SB 2x) dealing with the maximum gross gasoline refining...

Why Do California Tax Bills Contain ‘Section 41’ Provisions?

March 20, 2023 6:47 amMarch 20, 2023 6:55 am

If you have reviewed a number of bills in the California Legislature that add new provisions to the Revenue and Taxation Code, you may have noticed references to Section 41. What is “Section 41” and why do we often find...

This Bill Has a Number of ‘Plus Sections’

March 17, 2023 6:59 amMarch 17, 2023 7:02 am

As readers may recall, at the end of bills in the California Legislature, there may be “plus sections,” which are uncodified provisions that may do a number of things, such as expressing legislative intent, making legislative findings and declarations, or...

Legal Analysis: California Court of Appeal Primarily Upholds Prop. 22

March 16, 2023 6:57 amMarch 16, 2023 7:12 am

On March 13, 2023, the California First District Court of Appeal, in Castellanos v. State of California, primarily upheld Proposition 22 on two main grounds. As readers may recall, Prop. 22 was approved by 58% of the voters on the...