Update on 2019 Political Process Legislation: What Remains?

Now that the house of origin deadline has passed, and we are basically at the mid-point in the California Legislative Session, we can take a look at pending legislation with particular attention to the bills that will continue along the legislative process in the second house. The focus of this article is on political process […]

Update on 2019 Environmental Legislation: What Remains?

Now that the house of origin deadline has passed, and we are basically at the mid-point in the California Legislative Session, we can take a look at pending legislation with particular attention to the bills that will continue along the legislative process in the second house. The focus of this article is on environmental legislation. […]

Update on 2019 Labor and Employment Legislation: What Remains?

Now that the house of origin deadline has passed, and we are basically at the mid-point in the California Legislative Session, we can take a look at pending legislation with particular attention to the bills that will continue along the legislative process in the second house. The focus of this article is on pending labor […]

Update on 2019 Tax Legislation: What Remains?

Now that the house of origin deadline has passed, and we are basically at the mid-point in the California Legislative Session, we can take a look at pending legislation with particular attention to the bills that will continue along the legislative process in the second house. The focus of this article is on tax legislation. […]

Legislature Should Reject Renewed Attack on Arbitration Agreements – Part 3

Proponents of AB 51 (Gonzalez), as they have with previous versions of this legislation, make a number of claims that are addressed below: Claim: Arbitration Is a Secret Process in California – False California Code of Civil Procedure Section 1281.96 requires a quarterly report by all private arbitration companies that administer arbitrations in this state.  […]

Legislature Should Reject Renewed Attack on Arbitration Agreements – Part 2

While no longer the state’s chief executive, Governor Brown studiously considered two bills that were intended to preclude employment arbitration and he vetoed both bills. He most recently did so last September with AB 3080 (Gonzalez) when he said: “In my veto message of a similar bill in 2015, I referred to recent court decisions […]

Legislature Should Reject Renewed Attack on Arbitration Agreements – Part 1

Assemblywoman Lorena Gonzalez (D-San Diego) is again carrying a measure to preclude the use of arbitration agreements in employment disputes. While last year’s effort passed the Legislature, AB 3080 was vetoed by Governor Jerry Brown, just as he had done with a narrower bill in 2015 (AB 465 – Hernandez). With the election of Governor […]

California Law and Its “Maxims of Jurisprudence”

While California statutes do not provide general canons of statutory construction, readers can find in the California Civil Code “Maxims of Jurisprudence”. These maxims are set forth in Division 4, General Provisions, Part 4, of the Civil Code, contained in Sections 3509 – 3548. So, what are these maxims? A “maxim” is generally defined as […]

Tax Conformity Proposals in California

As the Franchise Tax Board explains, California tax law generally conforms to the federal Internal Revenue Code (IRC). However, there are numerous differences between California and federal tax laws. The fundamental problem for taxpayers with these state and federal differences is that they are required to make adjustments to the financial figures from their federal […]

What Happens in the Last Part of the Legislative Session?

This is the final installment in a 3-part series about the major happenings in the legislative process pursuant to the California Constitution and relevant statutes. Part III is focused on the last part of the Legislative Session, which is the last month that the Legislature is in session, followed by the month in which the […]