California statutes – California Globe

Recent Legal Challenges to California Statutes

December 4, 2025 4:00 pmDecember 4, 2025 4:49 pm

2025 has been an interesting year for legal challenges against statutes enacted by the California Legislature. While the following list is not exhaustive, this is a good sampling of pending or completed litigation to be aware of: The U.S. Court...

Why Would the Legislature Request?

December 13, 2024 2:30 amDecember 13, 2024 2:31 am

We know in drafting California statutes, the term “shall” is mandatory and the term “may” is permissive. In other words, required conduct found in a statute uses the word “shall,” while discretionary conduct found in a statute used the word...

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...

The Old Way of Doing Legislative Intent Statements

August 3, 2024 2:30 amAugust 3, 2024 2:31 am

In reading Code sections recently (yes, I am an acknowledged legislative geek), I came across a statute from 1968 in the California Unemployment Insurance Code. I found that Code section unique in that it uses language that we do not...

Guidance for Drafting a ‘Declaratory of Existing Law’ California Statute

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

On occasion, you may see a bill in the California Legislature that has the following provision: “The amendments made by this act do not constitute a change in, but are declaratory of, existing law.” This statement is straightforward and easy...

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 Effective and Operative Dates of California Statutes

April 5, 2024 2:30 amApril 5, 2024 2:31 am

What is an effective date of a statute? A common definition of “effective date” is when the new law is “on the books.” What is an operative date of a statute? A common definition of “operative date” is when the...