California Supreme Court Archives

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...

Gov. Newsom Nominates Martin Jenkins To State Supreme Court

October 5, 2020 3:16 pm

On Monday, Governor Gavin Newsom nominated former U.S. District Judge Martin Jenkins to the California Supreme Court. Newsom nominates Judge Martin Jenkins Jenkins, would become the first openly gay and only the third African-American to become an Associate Justice if...

Fresno County Judge Orders Private Christian School To Stop In-School Learning

September 16, 2020 9:07 pm

On Tuesday, Fresno County Superior Court Judge D. Tyler Tharpe ordered that a private Christian school in Reedley is to stop all in-school instruction due to going against state and local health orders. Immanuel Schools ordered to stop in-person learning...

AB 5 ‘Fix:’ New Exemptions Added to California’s Independent Contractor Law

September 14, 2020 2:20 pmSeptember 15, 2020 11:31 am

As many are aware, Assembly Bill 2257, by Assemblywoman Lorena Gonzalez (D-San Diego), was signed by Governor Gavin Newsom on September 4 as Chapter 38. As an urgency measure, the statute took effect immediately. AB 2257 repealed Labor Code Section...

California Supreme Court Rejects OC Education Board, Private School Reopening Lawsuits

September 10, 2020 6:08 pm

On Wednesday, the California Supreme Court rejected lawsuits by the Orange County Board of Education and a coalition of private schools to overturn Governor Gavin Newsom’s emergency order to limit in-school learning. California Supreme Court Rejects two lawsuits The ruling...

With Important CA Supreme Court Win for Sacramento Developer, City Faces Damages Payout and Legal Fees

September 3, 2020 2:11 pmSeptember 3, 2020 3:44 pm

In April and May, California Globe reported that the Superior Court and the 3rd District Court of Appeals of California unanimously ruled that the Sacramento City Council, and in particular Councilman Jay Schenirer, violated the 14th Amendment Constitutional rights and...