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:

Giving Thanks for Thanksgiving

Until President Abraham Lincoln proclaimed a national day of thanksgiving during the Civil War, thanksgiving holidays were a matter of state and local concern. California mentions Thanksgiving Day in 18 separate statutes, including those in the Code...

The Nebulous Meaning Of "Small Business" In New Ban On Commercial Loan Fees

Beginning in January, "covered entities" will be prohibited from charging specified fees in connection with a commercial financing transaction with a "small business" or "small business" owner.  Cal. Stat. ch. 881 (SB 666). Although relatively brief,...

California Court Applies English Common Law Even Though California Was Never An English Colony

More than a decade ago, I remarked on the ahistoricity of California's adoption of English common law despite the fact that it had never been a colony of England.* Yesterday, the California Court of Appeal applied English common law to decide a...

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