California Supreme Court Archives

California Supreme Court Rules Dynamex Decision Is Retroactive

January 15, 2021 7:02 amJanuary 15, 2021 7:05 am

On January 14, the California Supreme Court ruled unanimously that its landmark Dynamex decision instituting the “ABC Test” for worker classification is retroactive. The high court wrote, “In concluding that the standard set forth in Dynamex applies retroactively — that...

CA Supreme Court Undermines Independent Worker Test Ruling it Retroactive

January 15, 2021 2:25 amJanuary 16, 2021 10:35 am

On Thursday the California Supreme Court ruled that the “ABC” test for finding independent contractors and workers under the AB 5 law is now to be considered retroactive. Under AB 5, the ABC test, first clarified in the 2018 Dynamex...

Labor Union, Rideshare Drivers Sue Over Proposition 22 Rideshare Driver Exemption Law

January 12, 2021 7:34 pm

The Service Employees International Union (SEIU) on Tuesday, in conjunction with rideshare drivers and customers, filed a lawsuit in California’s Supreme Court against California’s new Proposition 22 rideshare driver law. Prop 22, which exempts all rideshare workers from being classified...

San Bernardino County Sues Gov. Newsom Over Lockdown in CA Supreme Court

December 16, 2020 2:54 pmDecember 18, 2020 5:29 am

On Tuesday, San Bernardino County filed a lawsuit against Governor Gavin Newsom in the California Supreme Court over the legality of the statewide stay-at-home order. The lawsuit, which also names California’s acting public health officer Dr. Erica Pan and the...

Appellate Court Rules Against Uber, Lyft in Rideshare Driver Classification Appeal

October 23, 2020 2:54 pm

On Thursday, the California 1st District Court of Appeal ruled in favor of the state in the rideshare driver classification appeal, ordering Uber, Lyft, and other rideshare companies to comply with AB 5 and classify their drivers as employees. Rideshare...

The Enrolled Bill Rule in California

October 9, 2020 6:23 amOctober 12, 2020 11:14 am

In general, the judicial branch is loath to review the record keeping practices of the Legislature to determine the validity of statutes. This limitation on judicial inquiry is known as the “Enrolled Bill Rule” and this legal doctrine holds that, if...

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...