Strangers In A Strange Land - In California, Bumblebees, Crabs and Snails Are Fishes And A General Partnership May Soon Be A Corporation

In California, some things are not what they seem.  Here, a bumblebee, a crab or snail can be a fish, but a goldfish may not be a fish.  See California Believes Clams, Crabs and Bumblebees Are Fish, Does It Now Believe That Joshua Trees Are A Type Of...

California Seeks To Delay Demise Of California Climate Related Disclosure Statutes, But Why?

In February, I noted that the Chamber of Commerce of the United States of America and several others filed suit in the Central District Court challenging two laws passed last year.  See As Foretold, California's New Forced Speech Laws Are Being...

California Legislator Proposes To Enhance Criminal Fines For California, But Not Delaware, Business Entities

In February of this year, California Assembly Member Jesse Gabriel introduced a bill making certain technical, nonsubstantive changes to a provision of the Penal Code concerning the removal of prison inmates for court appearances. Last Thursday, he...

Bill Would Vest Secretary Of State With Broad Powers To Cancel Business Entities

Last month, California State Senator Monique Limón introduced a bill, SB 1168, that would endow the California Secretary of State with the power to cancel the articles of a domestic corporation or the filing of a statement and designation by a...

As Foretold, California's New Forced Speech Laws Are Being Challenged

Last year, I commented on the likely unconstitutionality of two California laws compelling forced speech:

In California, You Can Stuff A Turkey But Not A Bill

Article IV, Section 9 of the California Constitution provides "A statute shall embrace but one subject, which shall be expressed in its title". This rather simple notion, absent from the United States Constitution, dates back over two millenia to...

The State Of California Is Too Broke To Implement Costly Climate Legislation

In previous posts, I have written about SB 253 and SB 261.   The former requires "reporting entities" (as defined) to disclose Scope 1, 2 & 3 greenhouse gas emissions. The latter imposes climate-related financial risk reporting. Both are likely to...

The Legislature Will Soon Be Back In Town And Facing Imminent Deadlines

On January 4, 2024, the California legislature will reconvene for the second year of its current biennium.  Joint Rule 51(a)(4).  January opens the new year with some important legislative deadlines.

Was 2023 An Annus Horribilis For California Legislative Drafting?

It is that time of year when both the professional and general press feature stories about new laws that will be taking effect.  As I survey the California legislature's handiwork in 2023, I have identified the following themes:

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