California statutes – Page 3

Guidelines for Drafting Uniform Acts

February 8, 2023 7:40 amFebruary 8, 2023 7:44 am

The Uniform Law Commission (ULC) (formerly known as the National Conference of Commissioners on Uniform State Laws) is a nonprofit association that is comprised of members from each state, and the ULC encourages the uniformity of state laws. The ULC...

Are the Following Bills Substantive or Nonsubstantive?

January 30, 2023 7:15 amJanuary 30, 2023 7:16 am

Why and when does the distinction between substantive and nonsubstantive proposed changes to California statutes matter in pending legislation? It matters for the Assembly or Senate Rules Committees to refer a bill to a policy committee. That is because neither...

Which Phrase Should Be Used?

January 7, 2023 8:10 amJanuary 7, 2023 8:12 am

We often find in California statutes the opening phrase, “notwithstanding any other provision of law.” In other instances, we find the phrase, “except as provided in subdivision (a).” Which phrase should be used? Which phrase should be avoided? In some...

Expressions of Limitation in California Statutes

October 18, 2022 6:25 amOctober 18, 2022 6:29 am

If a provision of law is limited in its application, or is subject to an exception or a condition, then the provision of law contains an “expression of limitation.” In these cases, it is recommended that the sentence begin with...

Why California Bills Do Not Use And/Or

October 7, 2022 6:35 amOctober 7, 2022 6:42 am

While legal language often includes the use of the term “and/or,” this term is not used in California statutes nor in the drafting of bills in this state. While lawyers may use and/or in contracts, court pleadings, and even some...

Parentheticals in California Statutes

September 9, 2022 6:37 amSeptember 9, 2022 6:43 am

According to the Oxford English Dictionary, a parenthetical is “relating to or inserted as a parenthesis.” While we find the use of parentheticals in different forms of writing, are parentheticals used in California law? The answer is yes, they can...

Do Misspellings Get into California Statutes?

September 7, 2022 3:54 pmSeptember 7, 2022 3:57 pm

It may be a surprise, but occasionally a bill makes it all the way through the legislative process, and is enacted into law, and thereafter needs to be corrected because of a misspelling. The following is a recent example from...