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California Research In-Depth

INTRODUCTION

This research guide is designed to facilitate research in California law in the modern era. It explains the process of making laws, rules and regulations in the state of California. It also identifies and describes major publications of statutory law, administrative law, case law and secondary materials. Multiple sources of the same information, print or electronic, and useful contact information are also included. All items are located in the Edward Bennett Williams Law Library unless otherwise indicated.

Members of the Georgetown University community can seek additional assistance in person at the reference desk or online.

For more detailed discussions of California legal research, please consult:

  • Larry Dershem, California Legal Research Handbook, KFC74 .D47
  • John K. Hanft, Legal Research in California, 5th edition KFC74 .H36
  • Daniel W. Martin, Henke's California Law Guide, 7th edition KFC74 .H46

CONSTITUTION

California has had two Constitutions. The first Constitution of California was ratified on November 13, 1849, prior to California's admittance into the Union in 1850. California's current constitution was ratified on May 7, 1879 and has been amended over 480 times.

The constitution of California can be amended or revised through:

  • (1) Legislative proposal. This method requires a roll call vote in the Legislature with two-thirds of the members of each house concurring;
  • (2) Convention to revise constitution. To convene a constitutional convention also requires a roll call vote in the Legislature with two-thirds of each house's membership concurring. Any amendment proposed by the convention may then be submitted to the voters at a general election; or
  • (3) Initiative. The electors may amend the Constitution by initiative.
    • To be included on the ballot a Constitutional amendment initiative requires a petition to be submitted to the Secretary of State with the certified signatures of 8-percent of the total vote for all candidates for Governor at the most recent gubernatorial election. As of the November 2003 gubernatorial election the signature requirement is 598,105. This number is subject to change after the November 2006 election.
    • An Initiative Statute requires 5-percent of the total vote for all candidates for Governor at the most recent gubernatorial election, or 373,816 signatures to qualify. This number is subject to change after the November 2006 gubernatorial election.
    • If the signature requirements are met, the initiative shall then be placed on the next general election ballot held at least 131 days after its qualification or at any special statewide election held prior to that general election.  Cal. Const. art. II, § 8.

For a summary of the Initiative process see How to Qualify an Initiative on the Secretary of State web site. There is also a link to the 2003-2004 Initiative Guide for step-by-step information on the statewide initiative process.

A majority of electors must vote to approve the proposed amendments or revisions. If successful, the changes will take effect the day after the election unless the language of the amendment/revision states otherwise. If conflicting measures are approved at the same election, then the provisions of the measure receiving the highest affirmative vote shall prevail. Cal. Const. art. XVIII, §§ 1-4.

A. What is the Difference Between an Initiative, a Referendum and a Proposition?

The initiative is the process that allows the electors to propose legislation and compel the legislature or the full electorate to vote on the measure. A referendum is the power of the electors to approve or reject all or parts of certain types of statutes. Both the initiative and the referendum process are methods of direct democracy. Propositions are the proposed legislation for either the initiative or the referendum.

To reiterate, as excerpted from Legal Research in California,

"the people of California may directly add, repeal, or amend provisions of the California Constitution or statutes," through ballot propositions. The ballot propositions "are proposed either by the Legislature or by citizens." "Propositions directly from the people are proposed by petitions circulated for the [required] number of voter signatures. Propositions from the Legislature are adopted like other legislative measures." Propositions "propose either bond measures, constitutional amendments, or statutes that change existing statutes previously approved by initiative." Referenda are "propositions that allow the people to approve or reject legislative enactments." Initiatives are "propositions that propose legislative or constitutional changes." John K. Hanft, Legal Research in California, 5th ed., pg. 163.

Three informational Fact Sheets: (1) What is Initiative and Referendum, (2) The History of Initiative and Referendum in the United States, and (3) Which States Have the Initiative and Referendum Process? are available through the Initiative and Referendum Institute, a non-profit educational organization that provides explanation of the initiative and referendum. The web site, hosted by the University of Southern California has California specific information on the initiative, popular referendum and legislative referendum.

L. Tobe Liebert, Researching California Ballot Measures, 90 Law Library Journal 27 (Winter 1998). This article explains the ballot measure process with information on locating documents, legislative history and legal challenges to ballot measures. Research tools and publication annotations are provided in appendices.

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B. Where to Find Information on Initiatives, Referenda and Propositions?

  • Official Voter Information Guide. Hosted by the California Secretary of State, this web site links to the propositions considered in the most recent statewide election. The site also provides links to the Voter Bill of Rights.

  • Cal-Access. Also hosted by the California Secretary of State, Cal-Access is the California Automated Lobbying and Campaign Contribution and Expenditure Search System. It lists current and historical propositions and ballot measures and the campaign committees that support or oppose the propositions and ballot measures. The database also provides campaign finance activity information.

  • Annual Initiative Updates. The California Secretary of State provides a list of the status of current and historic initiatives and also provides a link to access the full-text of Initiative Measures on the web site of the California Attorney General.

  • Initiatives. The California Secretary of State web site provides links to background information on the initiative process. Topics include: A History of the California Initiative, How to Qualify an Initiative and several reports on past municipal and county initiative measures.

  • California Ballot Propositions (1911-present) Hosted by the University of California Hastings College of the Law, this is a searchable database containing ballot measures from 1911 to the present as well as the full text of the propositions, accompanying material contained in the ballot pamphlets, related legal and legislative history, and digital images of the ballot pamphlets.

  • California Ballot Initiatives (1912-present). Also hosted by the University of California Hastings College of the Law, this searchable database contains the full text of the statutory and constitutional initiatives, accompanying material relating to their filing & qualification, related legal and legislative history, and digital images of pertinent documents.

C. Books

  • John M. Allswang, The Initiative and Referendum in California, 1898-1998. JF495.C2 A45. The author provides a detailed, analytic history of direct legislation (the initiative and referendum) in California from its origins in the late nineteenth century to the present day. The monograph contains tables throughout the text to illustrate aspects of the author’s detailed analysis of the history of direct legislation in California.  Appendix A is a chronological compilation of all the direct legislation measures on California ballots from 1912-1998.

  • Phillip L. Dubois, Law Making by Initiative: Issues, Options and Comparisons. KF4881 .D83. A description of the history of the initiative process and the major issues that have arisen during its increased use. The discussion covers the use of the initiative in the 24 states (including California) and the District of Columbia, as well as its use in other countries. The author uses charts and tables to compare the major features of the initiative process.

D. Where to Find the California Constitutions and Proceedings of the Constitutional Convention?

1. Current Constitution

The Constitution of California can be found in the following publications:

  • West's Annotated California Codes. KFC30.5.W4. Located in volumes 1, 1A, 1B, 1C, 2, 2A, and 3 entitled "Constitution."
  • Deering's California Codes Annotated. KFC30.5.D4 C665. 4 volumes entitled "Constitution." Deering's is arranged alphabetically.
  • California State Constitution. The site, hosted by the State of California Office of Legislative Counsel, provides access to the Constitution through Keyword and Table of Contents search methods.
  • Westlaw: CA-ST-ANN (online version of West's Annotated California Code)
  • Lexis: CAL;CACODE (online version of Deering's California Code) Path: Legal>States Legal - U.S.>California>Statutes & Regulations>CA - California Constitution

The annotated formats provide supplemental notes, historical materials, case law and encyclopedia references to assist in explaining the text of the Constitution.

2. Historic Constitutions

Earlier versions and commentary can be found in the following publications:

  1. Constitution of the State of California: (As amended and in force January 1, 1927) KFC680 1927 .A4
  2. West's Annotated California Codes KFC30.5.W4. Located in volume 3, pgs. 365-385.
  3. Deering's California Codes Annotated KFC30.5.D4 C665. Located in the 4th volume entitled "Constitution Article XIII -- END," pgs. 479-503.
  4. Edward F. Treadwell, ed., The Constitution of the State of California : adopted in convention, at Sacramento, March 3, 1879 : ratified by a vote of the people May 7, 1879 KFC680 1879 .T73
  5. Joseph R. Grodin, Calvin R. Massey, The California State Constitution: A Reference Guide, KFC680 1879 .A6 G76
  6. Rockwell Dennis Hunt, The Genesis of California's First Constitution (1846-49) JK8725 1849 .H86; K150 .N45 Micro; K150 .N46 Electronic. 58pgs. Electronic access via Making of Modern Law database, a 19th century legal treatise that provides a  “detailed account of the legal status of California from the American conquest to the adoption of the Constitution.”
  7. Cardinal Leonidas Goodwin, The Establishment of State Government in California, 1846-1850 K150 .N455 Micro; K150 .N46 Electronic. 374pgs. Electronic access via Making of Modern Law database, this treatise details the years preceding, during and immediately following the ratification of California’s first Constitution. Includes an index and bibliography.
  8. Francis Newton Thorpe, ed., The Federal and State Constitutions, Colonial Charters, and Other Organic Laws of the States, Territories, and Colonies. (1909). KF4530 .T46; KF4530 .T46 1909 Electronic. California documents are in volume 1, pgs. 377-462.
  9. William F. Swindler, ed., Sources and Documents of United States Constitutions. (1973-1979). KF4530 .S94. California documents, including a comparative outline of California Constitutions, bibliography and index are in volume 1, pgs. 422-522.
3.  Constitutional Conventions

Information on the California Constitutional Conventions of 1849 and 1879 can be found in the following locations:

  • Carl Brent Swisher, Motivation and Political Technique in the California Constitutional Convention, 1878-1879. JK8725 1879 .S82 An analysis of the social and political factors that shaped the creation of California's second state constitution. Bibliographical references are included in "Notes and sources" (pgs. 117-125).

  • Debates and proceedings of the Constitutional convention of the state of California, KFC680 1878 .A2 1880p A 3 volume record of the second Constitutional Convention in 1879.

  • Records of the Constitutional Convention of 1849, California Secretary of State. California State Archives has PDF versions of the state constitution in both English and Spanish accessible through its web site. Documents that are not available electronically include: the Engrossed copy of the Constitution; the Journal of the Convention Assembled to Frame a Constitution for the State of California, which is a handwritten record of convention proceedings; and Constitutional Convention Papers.

  • Cardinal Leonidas Goodwin, The Establishment of State Government in California, 1846-1850 K150 .N455 Micro; K150 .N46 Electronic Electronic access via Making of Modern Law. Chapter IV elaborates on the "Call and Organization of the Convention," Chapters V through XI elaborate on the topics discussed during the first Constitutional Convention.

  • Rockwell Dennis Hunt, The Genesis of California's First Constitution (1846-49) JK8725 1849 .H86 1895; K150 .N45 Micro; K150 .N46 Electronic. Electronic access via Making of Modern Law. Chapter II elaborates on the "Desire for Organized Government, and Congressional Failure," Chapters III and IV discuss the Constitutional Convention to its completion.

  • J(ohn) Ross Browne, Report of the Debates in the Convention of California, on the formation of the State constitution, in September and October, 1849. (1973). KFC680 1849 .A215 1973r. A reprint of the 1850 edition of the proceedings of California's first Constitutional Convention.

  • Myra K. Saunders, California Legal History: The California Constitution of 1849, 90 Law Library 447 (Summer 1998). This article looks at the historical background of the California Constitution of 1849 and the provisions that show the conflict between Anglo-American and Spanish-Mexican legal traditions. The appendix contains annotated bibliographical references to resources on the Constitution, primary and secondary source materials and memoirs and correspondence written during and about the convention.

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STATUTORY LAW

A. Legislative Process

The California State Legislature consists of two houses: the Senate and the Assembly. There are 40 members in the Senate, each serving 4 years with a limit of two terms, and 80 members in the Assembly, each serving 2 year terms, with a limit of three terms. The legislature convenes in a biennial session, on the first Monday in December of each even numbered year and continues until November 30 of the next even numbered year.

1. Introduction/First Reading of Bill.

A citizen, legislator, organized group, state agency or the Governor proposes an idea for legislation. This legislation is drafted by the Office of the Legislative Counsel, and introduced by a legislator from either the Senate or Assembly. A bill is introduced and read for the first time in the house of origin. The bill is then given a number, a descriptive title and assigned to the appropriate committee(s) for further consideration. Each House sequentially numbers in chronological order its proposed bills during each session of the Legislature. For example, during a legislative session the first bill proposed by the Assembly will be numbered AB1, and the first bill proposed by the Senate will be numbered SB1.

2. Committee Stage.

Thirty days must pass before a bill can be heard in Committee (this waiting period can be waived by a 3/4 vote in the house). The Rules Committee refers the bill to one or more policy committees. Bills are assigned to policy committees according to their subject matter, and bills that require funding must also be heard in the fiscal committees of each house. During the committee stage, the bill is presented and testimony is heard in support or opposition to the bill. After a committee holds an open hearing, they will vote by roll call on the bill. The committee chair then reports the committee recommendation to PASS, NOT PASS or AMEND the bill.

  • PASS - If the bill passes through committee without amendments, it is sent to the house of origin for the second and third reading.
  • NOT PASS - If the bill does not pass through committee, and is not reconsidered in its house of origin within 15 days, it is returned and not considered for the remainder of that session.
  • AMEND - If the committee recommends that the bill be passed as amended, it is then either sent to the next committee or to the floor.

Bills may be amended several times while in the committee stage, and a majority vote of the full committee is needed for the bill to be passed and sent either to the next committee or to the floor. Bills passed by committees are read a second time on the floor in the house of origin and then assigned to a third reading.

3. Second & Third Reading.

If the bill has passed through committee, it is read a second time on the floor in the house of origin and then assigned to a third reading. After the third reading of the bill, there will be another roll call vote. If the bill passes it is sent to the other house for further consideration with a repeat of the above mentioned procedure. If the bill is voted upon and passes through the second house without amendments or with concurred amendments, it is forwarded to the governor for approval. If the house of origin does not concur with the amendments made by the opposite house, the bill is sent to a joint Assembly/Senate conference committee until concurrence is reached.

4. Final Stages.

Once the bill finally passes both houses, the Governor has 12 days to either sign, approve without signing, or veto the bill. If the Governor does nothing after 12 days, the Bill is considered approved. If vetoed, the bill must be returned to its house of origin by September 30th of that year or it becomes law by default. If the Governor approves and signs the bill, it is sent to the Secretary of State who assigns it a chapter number. The bill becomes a law on the January first of the following year, as long as 90-days have passed since the end of the legislative session. Bills with urgency clauses are effective on the date of filing with the Secretary of State.

Further Information:

5. Where to Find Bills and Bill Information?

West's California Legislative Service KFC 30.5 .W41
 Contains enacted senate and assembly bills arranged by chapter, proposed constitutional amendments, selected resolutions, ballot propositions, governor's reorganization plans, and state court rule amendments and additions that supplement West's Annotated California Codes. (Current).

LexisNexis > Legal > States Legal - U.S. > California > Legislation & Politics

LexisNexis > Legal > States Legal - U.S. > California > Legislation & Politics > Legislative Archive

  • Legislative Archive - This file contains the statutory archive for the Deering's California Codes
    Annotated.  Coverage begins with the 1991 legislative session. Once the file has been selected, a document automatically displays that provides links to allow the researcher to search the specific year(s) of the code.

Westlaw > All Databases > U.S. State Materials > Other U.S. States > California > Statutes & Legislative Materials

Westlaw > All Databases > U.S. State Materials > Other U.S. States > California > Statutes & Legislative Materials > California Legislative History & Bill Tracking

  • California Text Archives (CA-BILLTXT-OLD) Westlaw database contains full-text bills from past legislative sessions (regular and special). Bills are included whether or not they were passed into law. A document is a full text bill. Coverage begins with the 1991 legislative session.

Official California Legislative Information - Official site for California legislative information. Provides the full text of bills, resolutions, and constitutional amendments, and their status, history, votes, analyses, and veto messages. Search by session, House of origin and bill number, keyword and/or author's name. An Index is available which lists all bills introduced in the Assembly and Senate (1993 - present).

Official Publication Archive - California State Assembly Office of the Chief Clerk provides PDF access to legislative information dating back to 1849. Historical Archives of Assembly Journals, Assembly and Senate Histories and Indexes, and Statutes, are available here. Chaptered laws are located in the Statutes section of the database.

B. Session Laws

After successful progression through the legislative process, each newly enacted bill is assigned a chapter number by the Secretary of State. The compilation of chaptered bills are called session laws and are published annually in the Statutes and Amendments to the Codes. The year and chapter number identify the chronological order of enactment.

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1. Where to Find Session Laws?

California Session Laws

  • HeinOnline:Session Laws 1849-2000
  • KFC25 .A2 Micro. Microfiche collection of California Session Laws and State Statutes from 1849 to 1996. Contains general laws, amendments to the Codes, Resolutions, and Constitutional Amendments passed by the California Legislature. Session Laws are arranged in order of enactment (signed by the Governor and chaptered by the Secretary of State).

Deering's California Codes Advance Legislative Service

  • Lexis - Legal > States Legal - U.S. > Combined States > Statutes & Legislative Materials > Codes, Constitutions, Court Rules & ALS > Advanced Legislative Services: CA - California Advance Legislative Service (2005 Reg. Sess., Chpts. 1-729; 1987-2004 Sessions complete).

West's California Legislative Service KFC 30.5 .W41
 Contains senate and assembly bills arranged by chapter, constitutional amendments, selected resolutions, and propositions (Current). Also available through Westlaw:

  • Westlaw - All Databases > U.S. State All Databases > U.S. State Materials > Other U.S. States > California > Statutes & Legislative Materials: West's California Legislative Service (CA-LEGIS)<br>
  • West's Annotated California Codes [microform]. KFC30.5 .W4 Micro. This microfiche edition consists of superseded volumes only. (1954-4/2005- ).

California Statutes (Session Laws) [Online]. The official site for California Legislative information. Search the "chaptered bills" by chapter number, chapter year, or keyword. (1993- ).

C. The Code (Subject Compilations)

California codes are arranged in 29 subject categories. California does not publish an official printed code. Commercially published annotated codes are used instead. Both Lexis and West publish annotated codes providing subject arrangement access to the laws of California.

The California statutes are arranged in subject categories and not numerically. The researcher must use the subject category and the section number in order to locate a statute. For example, California's murder statute is located in the Penal Code subject category, sections 187-199 (Cal. Penal Code § 187-199 (2004)) and California's robbery statute would be located in Cal. Penal Code § 211-215 (2004).

1. Where to Find the California Code?

Deering's California Codes, Annotated. Advance Code Service KFC30.5 .C33

LexisNexis > Legal > States Legal - U.S. > California > Statutes & Regulations > CA - Deering's California Codes Annotated CAL; CACODE

  • CA - Deering's California Codes Annotated contains the statutory code for the State of California and it includes all laws of a general and permanent nature, as enacted by the California Legislature. Database contains a searchable Table of Contents.

West's Annotated California Codes KFC30.5 .W4

Westlaw > Statutes > States by State > California (CA-ST-ANN)

  • California (CA-ST-ANN) contains the California Statutes, Constitution, and court rules along with annotations. Contains Table of Contents and Statutes Index.
  • California (CA-ST) contains the unannotated California Statutes, Table of Contents and Statutes Index.
  • California (CA-ST-IDX) contains the General Index for West's Annotated California Code.

Unannotated California Statutes. [Internet]. Search the unannotated code and the table of contents for the 29 sections of the code through this official California legislative information web site (updated annually).

D. Legislative History

A legislative history is a compilation of legislative documents created during the process of studying and debating a bill prior to its passage and enactment. The legislative history may be used to determine the intent behind the law. Compiling a legislative history for California statutes is a complex process since the state does not maintain a written record of its debates and only sporadically publishes hearings and committee reports. A prior understanding of statutory construction and how a bill becomes a law will aid the research process.

Background information on compiling a California legislative history can be found in the following resources:

  • Daniel W. Martin, Henke's California Law Guide, 7th edition KFC74 .H46. Chapter 4 discusses legislative intent, the legislative process, examples of legislative intent court cases, and locating legislative documentation.
  • John K. Hanft, Legal Research in California, 5th edition KFC74 .H36. Chapter 7.18 provides an extensive list of California legislative resources.
  • University of California Berkeley's Boalt Law Library publishes A Guide to Finding California Legislative History that provides step-by-step instruction on the research process.
  • Los Angeles County Law Library has A Basic Legislative History Checklist that may be used as a step-by-step guide for compiling a California legislative history. Some of the references to resources refer to locations within their own collections. Check GULLIVER or WorldCat to see if they are held in local library collections.
  • Bertha Rothe White, Sources of Legislative Intent in California. 3 Pacific Law Journal (McGeorge Law Review) 63 (1972). An older article with information on locating materials useful in compiling a California legislative history, includes an appendix and index. References in this article may also prove useful in that legislative documentation was not significantly maintained prior to the 1970's.
  • L. Tobe Liebert, Researching California Ballot Measures, 90 Law Library Journal 27 (Winter 1998). Article explains the ballot measure process with references to legislative history documents.

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1. What are the Legislative History Documents?

A California legislative history consists of a compilation of the following documents:

  • The Code. See above for information on locating the annotated code. By reviewing the code the researcher can also locate the Bill number and the Chapter number which are needed to track textual changes. The parenthetical history section is usually located at the top of each chapter, some chapter sections also contain "Historical Derivations" with historical content pertinent to that section of the chapter. The researcher should look at the beginning of the chapter as well as specific sections to locate historical content.
  • Assembly File Analysis. Includes bill analysis, digest, amendments and the fiscal effect of the bill.
  • Committee Reports. Though infrequently published, committee reports from 1946 through 1970 may be found in the Senate Journal. The Assembly Journal may contain committee reports dated from 1956 through 1970. Published reports are also listed in the California State Publications, a monthly listing of official publications received by the California State Library from California governmental agencies.
  • Committee Analyses which are legislative committee analysis of bills.
  • Senate Journal and Assembly Journal. The official record of each house's legislative activity published each day that the legislature is in session.
  • Letters of Legislative Intent. Letters written by legislators in support of legislation. Some of the letters may be printed and indexed in the Assembly and Senate Journals.
  • Daily File. Published each day that the legislature is in session. The daily file is a record of the legislative agenda. Contains the Officers of the respective houses, the Order of Business, the tentative schedule for the entire legislative session, the bills that are scheduled to be heard on the floor and during committee hearings.
  • History. Published daily by each House when the Legislature is in session, and then weekly in a cumulative edition. The History is a chronological record of action taken on each bill to date. There is also a semi-final issue that contains information on the first year of the legislative session and a Final issue that contains information on the entire session.
  • Summary Digest. A summary of each bill enacted in a two-year session, as prepared and compiled by the Legislative Counsel. The measures are listed by chapter number, reflecting the order in which they were signed into law.
  • Legislative Index and Table of Sections Affected (TSA). The Legislative Counsel of California compiles this subject-matter index of the status of pending legislation. The TSA lists the added, amended or repealed code sections.
2. Where to Find Legislative History Documents?

A California legislative history may be compiled through the use of a variety of print and electronic resources. Locating the resources is a complex process since many are not available locally. Search WorldCat to see a list of the libraries that own the materials.

  1. California Legislative History (CA-LH) contains bill analyses and bill histories from the 1993-1994 Session through the 2003-2004 Session. Assembly journals from the 1995-1996 Session through October 11, 2005. Senate journals from the 2001-2002 Session through October 11, 2005. The dates of the holdings may advance as the database is updated.
    • Westlaw > All Databases > U.S. State Materials > Other U.S. States > California > Statutes & Legislative Materials > California Legislative History (CA-LH)
  2. California Legislative History Journals (CA-LH-JRNLS) contains Assembly journals from the 1995-1996 Session through October 11, 2005. Senate journals from the 2001-2002 Session through October 11, 2005. The dates of the holdings may advance as the database is updated.
    • Westlaw > All Databases > U.S. State Materials > Other U.S. States > California > Statutes & Legislative Materials >California Legislative History Journals (CA-LH-JRNLS)
  3. California Legislative History Reports (CA-LH-REP) contains Legislative History Reports for the 1993-1994 Session through the 2003-2004 Session. Legislative history documents related to laws passed by the California Legislature.
    • Westlaw > All Databases > U.S. State Materials > Other U.S. States > California > Statutes & Legislative Materials >California Legislative History Reports (CA-LH-REP)
  4. The Code. See above for information on locating the annotated code.
  5. The California State Legislature web site has links to Bill Information, the Senate Daily Journal (10/2002- present), the Assembly Daily Journal (1995-present), Table of Sections Affected, Agency Reports and similar legislative resources.
  6. California Depository Libraries usually receive all legislative bills, committee reports and session laws.
  7. Assembly File Analysis. Obtain information on these documents through the Assembly Office of Research, California State Library and California Depository Libraries.
  8. Senate and Assembly proceedings
  9. Committee Analyses. These documents are generally not published in print but may be found on the California State Legislature, Assembly, or Senate web sites. Some of the committees provide access to publications, for example the Assembly Standing Committee on Judiciary provides access to Selected Bill Analyses (1997-present), and the Senate Standing Committee on Health provides access to floor analyses on Welfare Reform.
  10. Daily File. Published each day that the legislature is in session. The daily file is a record of the legislative agenda. Contains the Officers of the respective houses, the Order of Business, the tentative schedule for the entire legislative session, the bills that are scheduled to be heard on the floor and during committee hearings. (Current)
  11. History. Published daily when the Legislature is in session, and then weekly in a cumulative edition. There is also a semi-final issue that contains information on the first year of the legislative session and a Final issue that contains information on the entire session. The History may be available through California Depository Libraries or the Legislative Bill Room.
  12. Summary Digest. PDF available online by the Clerk of the California Assembly from 1968 to 1995. To view the Summary Digest select the appropriate year from the Statutes drop-down menu, and click Summary Digest on the active PDF window.
  13. Legislative Index and Table of Sections Affected (TSA). A subject-matter index of the status of pending legislation. The TSA lists the added, amended or repealed code sections. (Current)
  14. The Clerk of the California Assembly provides PDF access to the Journal of the Assembly from 1849-1997. The Senate Daily Journal is available in PDF from 2002-present. Letters of Legislative Intent written by legislators in support of a legislation may be printed and indexed in the Assembly and Senate Journals.

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Other Resources

  • Legislative Bill Room. All Legislative information printed for and used by the Senate and Assembly is available from the Office of State Publishing. Publications are found at the Legislative Bill Room, or offered on a subscription basis through the Office of State Publishing. Researcher may purchase copies of legislative documents that they are unable to obtain locally. Documents include the following: Bills and Amendments, Files, Histories-Daily, Histories-Weekly, Journals, Index, Table of Sections Affected, Enrolled Bills and Chaptered Bills.
  • Legislative Collection of the California State Archives holds the working files of state legislators, legislative committees, caucuses, and state agencies and is a heavily used resource for legislative history research. Also available are videotapes of selected floor sessions and committee hearings from both the Senate and Assembly.
  • California State Publications (CSP) is a monthly listing of official publications received by the State Library from California governmental agencies. the list provides titles of documents generated by California government agencies that may assist with locating historical information on legislation. The list has been published since 1947, with 2001 to present available electronically. The publication consists of (1) an introductory section, (2) a register (consisting of the catalog records produced for new state publications for that month), (3) and an index.
3. What are the Steps Involved in Compiling a Legislative History?

Compiling a California Legislative History is a complex process. A legislative history consists of the documents produced during the bill proposal, passage and enactment stages. Multiple resources must be located and consulted which may prove difficult in that many legislative documents are not consistently published. Legislative intent information prior to 1970's was not well preserved so it may prove especially difficult to locate earlier legislative resources.

The basic steps for compiling a California Legislative History can be found in the following pathfinders and research guides:

  1. Larry D. Dershem. California Legal Research Handbook (1997). KFC74 .D47. Chapter 16 (pgs. 16-18 through 16-21), entitled "Legal Research Strategies & Roadmap Guides" contains steps and resources for compiling a California legislative history.

  2. California Legislative History. University of San Diego, Pardee Legal Research Center.

  3. Guide to California Legislative History. The Los Angeles County Law Library also has A Basic California Legislative History Checklist that that can be used to keep track of the materials referred to during the research process.

ADMINISTRATIVE LAW

The Governor of California heads the executive branch of the state's government. The Governor's cabinet consists of twelve senior appointed officials who serve at the Governor's pleasure.

A. Executive Branch

1. Governor and Lieutenant Governor

The Governor is elected by the citizens of California and may serve no more than two four-year terms. The Office of the Governor maintains an official web site with information about the Governor's duties, responsibilities and programs. Some of the Governors duties and responsibilities include the following:

  • The presentation of the State of the State Address to the members of the legislature at the beginning of each legislative session;
  • Presentation of the annual budget to the legislature with anticipated revenue and expense statements;
  • The power to veto any bill passed by the Legislature and return it with his objections to the house of origin;
  • Line item veto power over appropriations bills;
  • The duty to submit an itemized budget to the Legislature within the first 10 days of each calendar year;
  • The power to fill vacancies in the judiciary and appoint individuals to fill vacant positions within the executive departments of the government;
  • The power to acts as the Commander in Chief of the militia of the state and represents the state in official communications between other states and the federal government.

The Lieutenant Governor is also elected to a four year term, and his service cannot exceed two terms in office. The Office of Lieutenant Governor maintains an official web site with information about his programs duties and responsibilities. The Lieutenant Governor performs duties delegated by the Governor. If the Governor leaves office before the end of the four year term for any reason, the Lieutenant Governor becomes Governor.

The Lieutenant Governor, Attorney General, Controller, Secretary of State, and Treasurer shall be elected at the same time and places and for the same term as the Governor. No Lieutenant Governor, Attorney General, Controller, Secretary of State, or Treasurer may serve in the same office for more than 2 terms. Cal. Const., art. V, § 11.

2. Executive Departments and Agencies

Along with members of his immediate staff, the Governor's Cabinet is composed of the secretaries and directors of the following state agencies: (1) Secretary of Food and Agriculture, (2) Secretary of Business, Transportation and Housing (3) Secretary of Environmental Protection; (4) Secretary of Child Development and Education; (5) Secretary of Health and Welfare; (6) Secretary of Resources; (7) Secretary of State and Consumer Services; (8) Secretary of Trade and Commerce; (9) Secretary of Veterans Affairs; (10) Secretary of Youth and Adult Corrections; (11) Director of Finance; and (12) Director of Industrial Relations.

California Agencies, Departments and Commissions web site provides access points to California governmental resources. The departments listed below play an important role in the daily operations of the state of California:

California Secretary of State The Chief Elections Officer of the State of California is an elected official who can serve no more that two four-year terms. The duties and responsibilities of the Secretary of State include the following:

  • The State's Chief Elections Officer overseeing all aspects of the voter registration and participation;
  • The California Automated Lobbyist And Campaign Contribution & Expenditure Search System (CAL-ACCESS) which facilitates the "electronic filing and Internet disclosure of campaign and lobbyist financial information";
  • Chartering corporations and other business classifications;
  • Overseeing the State Archives;
  • Filing official documents from Uniform Commercial Code financing and tax lien information to certificates of limited partnerships and limited liability companies.

California Attorney General The Attorney General is an elected official who can serve no more that two four-year terms. Some of the key duties of the Attorney General include:

    • Ensuring the laws of California are equitably enforced and applied;
    • Being the representative of California citizenry in litigated matters before state and federal court jurisdictions;
    • Acting as legal counsel to state officers, and with a few exceptions, state agencies, boards and commissions;
    • Assisting district attorneys, local law enforcement officers, federal and international criminal justice agencies in the administration of justice;
    • Promoting efforts to protect the citizens of California, "from fraudulent, unfair, and illegal activities that victimize consumers or threaten public safety, and enforces laws that safeguard the environment and natural resources."
    • Attorney General Legal Opinions -- Opinions of the Office of Attorney General are searchable by month, year, keyword or citation.
      • Westlaw: CA-AG provides access to the California Office of the Attorney General Opinion letters since 1977.
      • Lexis: Legal > States Legal - U.S. > California > Agency & Administrative Materials > CA Attorney General Opinions. (CAAG) from January 1960 through Current.

Other state elected officials include:

  • State Treasurer's Office The duties and responsibilities of the Treasurer's Office include overseeing and managing investment and financial matters of the state. The office is also responsible for financing public works projects.
  • State Controller The Controller is responsible for providing "sound fiscal control over more than $100 billion in receipts and disbursements of public funds a year [and] offer[s] fiscal guidance to local governments and uncovering fraud and abuse of taxpayer dollars."

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B. Regulations

The California Office of Administrative Law oversees the regulatory process by "ensur[ing] that state agency regulations are authorized by statute and are consistent with other law." The Office of Administrative Law also publishes a document entitled "How to Participate in the Rulemaking Process" that provides citizens with information on the processes and procedures involved in rulemaking. The director and deputy director of the Office of Administrative Law are appointed by the Governor subject to state Senate confirmation. The California Government Code § 11340-11342.4 establishes the creation of the Office of Administrative Law and sets forth its organization, duties and responsibilities.

The Office of Administrative Law (OAL) was created to review adopted agency regulations for compliance with standards set forth in California's Administrative Procedure Act. The legislative intent behind the creation of OAL was not to have the office [or the court] "substitute its judgment for that of the rulemaking agency as expressed in the substantive content of adopted regulations." Cal. Gov't Code § 11340.1.

Office of Administrative Law. Provides links to Recent Disapproval Decisions, 2000-2003 (Office of Administrative Law's decision summary that details the specific grounds for disapproval of agency proposed rule changes) and Determinations (Office of Administrative Law's advisory opinion that interprets whether or not an agency rule is a regulation and subject to the Administrative Procedure Act).

1. What Are Regulations?

Regulations are administrative laws that govern the operations of state agencies. The California Code of Regulations consists of 28 titles that contain the codification of state agency regulations. The list of CCR Titles, the CCR and an Agency list. as well as the full text of California Code of Regulations is available here.

2. Where to Find California Regulations?
  • Barclay's Official California Code of Regulations. Includes separate bulletin; digest of new regulations and unnumbered volumes; master table of contents and master index.
    • Print: Barclay's Official California Code of Regulations KFC35 1990 .A22. Collection includes a Master Index which contains a subject index and a Statutes to Regulations Table.
    • Westlaw: CA-ADC (online version of Barclay's )
    • Lexis: Legal > States Legal - U.S. > California > Statutes & Regulations > CA - Barclays Official California Code of Regulations
  • California Code of Regulations (CCR)
  • Comprehensive Index, California Code of Regulations KFC35.5U58 A23 Index (Library has 1988-93, 1997-1999). A subject index and conversion tables for California Codes and California Code of Regulations is published annually and updated by pocket parts.
3. Where to Find the Register?

The Register contains notices of proposed regulatory actions and final regulations filed with the Secretary of State.

  • California Regulatory Notice Register Online. "Contains notices of proposed regulatory actions by state regulatory agencies to adopt, amend or repeal regulations contained in the California Code of Regulations." The text of the regulation sections affected is contained in the Register. Available in PDF format, the Regulatory Notice Register is published every Friday by the California Office of Administrative Law.
  • California Regulatory Code Supplement. Published weekly by Barclays, the supplement is often referred to as the "Register." The California Regulatory Code Supplement is where the Final Regulations are first published. This publication is not available locally.
    • Westlaw: (CA-REGTRK), (CA-REGTXT) & (CA-REG-NET).
      • The California Regulation Tracking (CA-REGTRK) "database contains summaries and status information concerning pending and recently-adopted regulations." Database is updated daily.
      • The California Regulation Tracking - Full Text (CA-REGTXT) database contains the full text of pending and recently-adopted regulations. Each stage of a particular regulatory initiative is a document. Updated daily and covers all versions of regulatory initiatives.
      • The California Regulation Tracking and Text - Combined (CA-REG-NET) multibase combines CA-REGTRK and CA-REGTXT. Includes regulation summaries and initiatives for all states and is updated daily.
    • Lexis:
  • California Regulatory Law Reporter
    • Print: California Regulatory Law Reporter. KFC780.Z9 C3 This quarterly journal published by the University of San Diego School of Law's Center for Public Interest Law monitors and reports on the regulatory, legislative and litigation activities of 25 California State Agencies. Also contains articles and commentary on public interest topics and regulatory law.
    • Westlaw: (CRLR) database contains articles, notes, symposium contributions, or other materials that have appeared in the California Regulatory Law Reporter. Coverage: 1994 (vol. 14)-Current.

4. Where to Find the Building Standards Code (CCR, Title 24)]?

The Building Standard Code (BSC) is compiled by the California Building Standards Commission, an independent commission under the Consumer Services Agency. The BSC is published every three years and is a compilation of the building standards that: (1) "have been adopted by state agencies without change from building standards contained in national model codes," (2) "have been adopted and adapted from the national model code standards to meet California conditions," (3) have been "authorized by the California legislature, that constitute extensive additions not covered by the model codes that have been adopted to address particular California concerns."

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C. Administrative Orders, Decisions, and Opinions

In addition to making regulations, California agencies have a quasi-judicial function and issue orders, decisions, and opinions.

1. Where to Find California Administrative Orders, Decisions, and Opinions?
  • Print: California Administrative Hearing Practice KFC782 .C352. This Looseleaf covers the administrative adjudication process in California, from prefiling investigation and initiation of adjudicative action through post-decision administrative proceedings. Appendix A contains a list of state agencies with references to the relevant governing Statute or Regulation and the section of the Administrative Procedure Act or agency regulation that applies to the notice and hearing procedures.
  • Lexis and Westlaw have the issuances of some California agencies among their databases. After signing on, follow these paths to find the lists of what's available:
    • Lexis: Legal > States Legal - U.S. > California > Agency & Administrative Materials
    • Westlaw: All Databases > U.S. State Materials > Other U.S. States > California > Administrative & Executive Materials

D. Other Administrative Law Resources

  • State Administrative Manual Published by the California Department of General Services the manual provides information on statewide policies, procedures, regulations and information developed and issued by authoring agencies.
  • California Tax Reporter KF6289.3 C34 Electronic. The CCH Tax Research Network provides access to the California Tax Reporter which includes California tax law, regulations and tax court decisions.
  • Checkpoint (RIA) KF6289.A1 C44 Electronic. Full-text coverage of California tax statutes, regulations, cases, rulings, and other official material. Search by tax type, document type and keyword.
  • See the In-Depth Research Guide, State & Local Tax Research for further information on locating state specific tax resources.
  • BNA California Environment Reporter KFC610.A15 B63 Vol. 1, no. 1 (Nov. 12, 1990)-v. 5, no. 9 (Mar. 1995); cont'd by:
    • California Environmental Compliance Monitor KFC610.A15 B63. Vol. 5, no. 10 (Apr. 3, 1995)-v. 7 (1997); cont'd by:
    • California Environmental Insider KFC610.A15 B64. Vol. 1, no. 1 (June 5, 1987)-
  • Richard J. Denney, Jr., ed., California Environmental Law Handbook, 11th ed. KFC610 .C34.
  • B.E. Witkin. Summary of California Law, 10th edition. KFC80 .W5. A 16-volume, highly regarded and frequently cited treatise with detailed analysis of the law along with substantive, procedural and historical information. Volume 7, Constitutional Law addresses Administrative proceedings.
  • B.E. Witkin. Witkin Combined Index, 2005 edition. KFC80 .W522. The combined index contains references to Witkin's Summary of California Law, California Procedure, California Evidence and California Criminal Law. Use the index to locate the desired topic.
    • Westlaw: WITKIN
    • Lexis: Legal > States Legal - U.S. > California > Restatements & Jurisprudences > Witkin Treatises.

COURTS & CASES

A. Courts

1. California Court System

The California Court system has three levels: the California Supreme Court, the Courts of Appeal and the Superior Courts. These courts are governed by three distinct judicial bodies: the Judicial Council, the Commission on Judicial Performance, and the Commission on Judicial Appointments.

  • California Supreme Court The California Supreme Court is the state's highest court. It has authority to review decisions of the Courts of Appeal and its decisions are binding on all other California state courts. The court is seated in San Francisco, and conducts sessions in Los Angeles and Sacramento. The Supreme Court has one Chief Justice and six associate justices who are appointed by the Governor and confirmed by the Commission on Judicial Appointments. For more detailed information about the California Supreme Court, go to the official court web site: http://www.courtinfo.ca.gov/courts/supreme.

  • California Court of Appeals The California Courts of Appeals are California's intermediate courts of appellate review. California has six appellate districts: 1st Appellate District, San Francisco; 2nd Appellate District, Los Angeles; 3rd Appellate District, Sacramento; 4th Appellate District, San Diego; 5th Appellate District, Fresno; and 6th Appellate District, San Jose. The California Legislature apportions the number of judges for each district. There are currently 105 justices on the Court of Appeals. For more detailed information about the California Court of Appeals, go to the official court web site: http://www.courtinfo.ca.gov/courts/courtsofappeal.

  • California Superior Court In 1998, California unified their superior and municipal courts into a single superior court with jurisdiction over all case types. Each of California's 58 counties has one Superior Court which are considered courts of general jurisdiction. The California Legislature determines the number of judges in each court who serve six-year terms and are elected by county voters on a nonpartisan ballot at a general election. Superior courts have trial jurisdiction over all criminal and civil cases. For more detailed information about California Superior Courts, go to the official court web site: http://www.courtinfo.ca.gov/courts/trial.
2. California Court System Information:

There are several directories containing California court system information:

  • Congressional Quarterly's Judicial Staff Directory
    KF8700 .A19 J83 (updated annually)
    Provides contact and biographical information for the judges of the California Supreme Court, California Courts of Appeal and U.S. District Court. The directory also provides contact information for the California Administrative Office of the Courts.
  • Judicial Yellow Book: Who's Who in Federal and State Courts
    JK2679 .J8 (updated semiannually)
    Provides contact and biographical information for California Court of Appeals, District and State Court judges.
  • BNA's Directory of State and Federal Courts, Judges, and Clerks
    KF8700 .A19 K56 (updated annually)
    It provides an organizational chart of the California courts as well as contact information for all California judges and judiciary staff.
  • Parker Directory of California Attorneys
    KFC77 .P37
    The 86th edition is a two-volume comprehensive guide to the California legal community. Volume 1 contains attorney and firm listings organized by county and an alphabetical name and firm index. Volume 2 contains contact information for: attorneys who handle alternative dispute resolution matters, certified court reporters, court contact information and litigation timetables (blue pages), Bar and legal associations, expert witness and legal service advertisements (yellow pages), certified specialists, patent attorneys, and attorneys with preferred practice areas.

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B. Where to Find Court Opinions (Print)?

  1. California Reports. The official reports of cases determined in the Supreme Court of the State of California.
    • California Reports, 1st series (Cal.), KFC45 .A2. Vol. 1 (1850/51) - Vol. 220 (1934).
    • California Reports, 2nd series (Cal. 2d), KFC45 .A22. Vol. 1 (1934)- Vol. 71 (1969).
    • California Reports, 3rd series (Cal. 3d), KFC .A23. Vol. 1 (1969/70) - Vol. 54 (1991).
    • Official California Reports, 4th series (Cal. 4th), KFC45 .A24. Vol. 1 (1991) - present.
    • California Reports 1st through 4th series, [Internet] [K562.2 .L44 Electronic]. The LLMC Digital (Law Library Microform Consortium) is a work in progress that will ultimately provide access to the Reports electronically via the Internet. The current on-line holdings include the First Series, volumes 1-5, 7-9, 11, 14, 16-43, 45-60, 62-64, 66-72, 74-81, 83, 86-93, 95-103, 105-108, 110-121, 124-155, 157, 159-192.
  2. California Appellate Reports. The official reports of cases determined in the Courts of Appeal of the State of California.
    • California Appellate Reports, 1st series (Cal. App.), KFC48 .A21. Vol. 1 (1905) - Vol. 140 (1934). LLMC Digital has Cal. App. volumes 1-35, 37-59 available on-line.
    • California Appellate Reports, 2nd series (Cal. App. 2d), KFC48 .A21. Vol. 1 (1934) - Vol. 276 (1969).
    • California Appellate Reports, 3rd series (Cal. App. 3d), KFC48 .A22. Vol. 1 (1969) - Vol. 235 (1991).
    • California Appellate Reports, 4th series (Cal. App. 4th), KFC48 .A22. Vol. 1 (1991) to present.
  3. West's California Reporter, [KFC47 .C32]. An unofficial, annotated compilation of Supreme Court and Appellate Court opinions of the state of California.
    • West's California Reporter, 1st series (Cal. Rptr.) - Vol. 1 (1959/60) - Vol. 286 (1991).
    • West's California Reporter, 2nd series (Cal. Rptr. 2d) - Vol. 1 (1991) - Vol. 135 (2003).
    • West's California Reporter, 3rd series (Cal. Rptr. 3d) - Vol. 1 (2003) - present.
  4. West's Pacific Reporter. An unofficial annotated regional reporter of cases argued and determined in the courts of Alaska, Arizona, California, Colorado, Hawaii, Idaho, Kansas, Montana, Nevada, New Mexico, Oklahoma, Oregon, Utah, Washington, Wyoming. California Supreme Court cases can be found in West's Pacific Reporter.
    • Pacific Reporter, 1st series (P.), [KF135 .P2]. Vol. 1 (1883/84) - Vol. 300 (1931).
    • West's Pacific Reporter, 2nd series (P.2d), [KF135 .P212]. Vol. 1 (1931) - Vol. 999 (2000).
    • West's Pacific Reporter, 3rd series (P.3d), [KF135 P213]. Vol. 1 (2000) - present.
  5. Los Angeles Daily Journal Daily Appellate Report, (Unofficial) LOEW LOUNGE NEWSPAPER (Current Edition). The Appellate Report (an insert to the journal) provides the full text of published opinions from the California Supreme Court and Courts of Appeal, the U.S. Supreme Court, 9th U.S. Circuit Court of Appeals, 9th Circuit Bankruptcy Appellate Panel and the Attorney General. Selected full text from the U.S. District Courts in California and the State Bar Court are also published in the Daily Appellate Report. Earlier editions are located on RESERVE and in [Media 1st Floor NEWSPAPER Micro].

C. Where to Find Court Opinions (Electronic)?

  1. The Judicial Council of California. Provides free public access to California's precedential appellate decisions. Searchable opinions from 1850 to present are accessible through its Official Reports page. The searchable Official Reports page is updated monthly and current to within 90 days of filing. The opinions that are not yet enhanced and edited for the Official Reports are accessible through a non searchable database of slip opinions. Unpublished opinions of the California Courts of Appeal are posted on the web site for 60 days solely as public information about actions taken by the Courts of Appeal.
  2. LexisNexis - Legal > States Legal - U.S. > California > Cases
    • CA State Cases, Combined
      California case law decided by the California Supreme Court from 1850 and from the California Courts of Appeal from 1905 and the Appellate Department of Superior Court from 1934. Contains unpublished CA Court of Appeal Cases from 1966.
    • CA Federal & State Cases, Combined Provides all available case law for jurisdictions relating to California. The Federal case law includes the U.S. Supreme Court, U.S. Courts of Appeal for the Ninth Circuit, as well as the U.S. District Court and Bankruptcy Courts for the State of California. The State case law includes the Supreme Court of California (since 1850) and the California Courts of Appeal.  Also included are officially reported cases of the Appellate Department of the Superior Courts.
    • CA Courts of Appeal Cases from 1905
      Provides California case law from the District Courts of Appeal and the Appellate Department of Superior Court from the State of California.
    • Unpublished CA Court of Appeal Cases - from 1966
      Provides unpublished and partially published California case law since October 2001, and other selected unpublished cases. California Rules of Court 976, 976.1 and 977 set forth the procedure for designating cases to be unpublished or partially published and the rules for citing such opinions.
    • CA Supreme Court Cases from 1850
      This Lexis database provides California Supreme Court opinions dated March 1850 through current. Including official and parallel citations from: 1 P. 1 (from 1905); 1 Cal. 1 (from 1850); 1 Cal. Rptr. 1 (from 1959).
  3. Westlaw - All Databases > U.S. State Materials > Other U.S. States > California > Cases
    • State Courts (CA-CS)
      Contains reported and unreported documents from the California state courts from 1850 to date. A document is a case (a decision or order) decided by the courts.
    • State and Federal Courts (CA-CS-ALL)
      Cases from California state courts, the U.S. Supreme Court, federal appellate courts authoritative in the Ninth Circuit, U.S. bankruptcy and district courts in California, and the Judicial Panel on Multi-district Litigation. Coverage varies by court.
    • Cal. and Cal.App. Cases (CA-ORCS)
      Cases from California state courts reported in California Reports, California Appellate Reports, and California Appellate Reports Supplement, the official sources for California state court opinions. Coverage varies by court. Includes documents released before June 30, 2003 for publication in the California Official Reports and documents released after June 30, 2003 for publication in West's Pacific Reporter Third, California Reporter, and "quick opinions" (cases available online prior to West advance sheets and which do not contain editorial enhancements).
    • California Reported Cases (CA-CSR)
      Cases from California state courts reported in California Reports, West's California Reporter, and Pacific Reporter. Coverage varies by court.
    • California Unreported Cases (CA-CSU)
      Cases from California state courts that are not officially published or otherwise released for publication by the court. Coverage varies by court.

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D. Where to Find Information About Unpublished and Depublished Opinions?

  • Publication of Unpublished Opinions. California Court Rules, Rule 8.1120 describes the procedure for requesting publication of unpublished opinions. The request can be made by any person and must be made by letter to the rendering court within 20 days after the opinion is filed. The letter must state the person's interest and the reason why the opinion meets the standard for publication. All parties of interest must be served with the letter. The rendering court must forward the request, a copy of its opinion, its disposition recommendation and a brief statement of its reasons to the Supreme Court within 15 days after the decision is final if it is unable to grant the request before the decision is final. A copy of the recommendation and reasons must also be sent to all parties of interest. The Supreme Court may either grant or deny the request and must send notice of its decision to all parties of interest. The rule states that an order to depublish (i.e., not to publish) is not an "expression of the court's opinion of the correctness of the result of the decision or of any law stated in the opinion."

  • Depublished Opinions. California Court Rules, Rule 8.1125 describes the procedure for depublication of a certified opinion. It states the request can be made by any person by letter to the Supreme Court. The letter must be submitted within 30 days after the decision is final in the Court of Appeals and must state the reason why the opinion should not be published and must be served on the rendering court and all parties. The rendering court or any person may submit a response in support or opposition to the request within 10 days after the Supreme Court receives the request. The response must be served on the rendering court and all parties of interest. The Supreme Court may either deny the request or order the opinion depublished, and send notice of its decision to the rendering court and all parties of interest. The rule states that an order to depublish is not an "expression of the court's opinion of the correctness of the result of the decision or of any law stated in the opinion."

  • Citation of Unpublished Opinions. California Rules of Court, Rule 8.1115(a) states: "an opinion of a California Court of Appeal or superior court appellate division that is not certified for publication or ordered published must not be cited or relied on by a court or a party in any other action. Rule 8.1115(b) states the exceptions to this rule. It states: "An unpublished opinion may be cited or relied on: (1) when the opinion is relevant under the doctrines of law of the case, res judicata, or collateral estoppel, or (2) when the opinion is relevant to a criminal or disciplinary action because it states reasons for a decision affecting the same defendant or respondent in another such action.

  • Unpublished Opinions of the California Courts of Appeal can be found on the Judicial Council of California's web site.

E. Where to Find Court Rules?

Official California court rules are no longer published in print. Current rules can be found on the California Courts Judicial Council site including recent rule amendments adopted by the Judicial Council, local court rules, and reports to the Judicial Council on proposals for new and amended California Rules of Court. There is also a link to the illustrated explanation of the rule adoption process, How a Proposal Becomes a Rule.

Unofficial, annotated versions of California court rules can be located in the following sources:

Deering's California Codes: Rules Annotated (Unofficial). KFC30.5.D4 R84

West's California Rules of Court: State and Federal (Unofficial). KFC992 .A199

LexisNexis > States Legal - U.S. > California > Cases > Rules

  • CA - California Court Rules (CARULE)
    Contains regularly updated California State Court Rules, as published in the Deering's California Codes Annotated

  • California Superior Ct. Local Rules (CASCLR)
    Contains regularly updated local court rules for over 50 California Counties (see file's Source Information link for full county listing).

  • Los Angeles County Superior Ct. Rules (LASCRL)
    Contains the local court rules for Los Angeles County.

  • CA - Local Rules of U.S. District & Bankruptcy Courts in California (CAFRUL)
    Contains local rules of the U.S. District Courts and the U.S. Bankruptcy Courts in the state of California.

Westlaw > All Databases > U.S. State Materials > Court Rules & Orders > Court Rules - Individual States & U.S. Jurisdictions

  • California Court Rules (CA-RULES)
    Contains court rules governing state and federal practice in California. Also contains rules for local state practice in Los Angeles County, the Bay Area, Northern and Southern California, and contains the California Code of Civil Procedure.

  • California State Trial Court Rules (CA-TRIALRULES)
    Contains local county rules along with the Uniform Rules for the Third Appellate District. Contains local rules documents that include trial court rules promulgated at the local level.

California County Court Rules A list of local court rules is made available by the Judicial Council of California.

Other Useful Resources

  • Gerald F. Uelmen, California Evidence: A Wizard's Guide, KFC 1030.Z9 U33. A concise guide to the California Evidence Code, with practical illustrations through practice transcripts and comparisons to the Federal Rules of Evidence.
  • Douglas W. Kieso, Unjust Sentencing and the California Three Strikes Law, KFC1172 .K54 2005. A part of the Criminal Justice: Recent Scholarship series, analyzes California's Three-Strikes law using perspectives from criminology, police science, sociology, victimology, and the law.
  • Sara H. Ruddy-project manager, California Criminal Law Procedure and Practice, 2005, KFC1155 .C3424. A Continuing Education of the Bar-California (CEB) publication is a practitioner's guide to criminal law and procedure in California.
  • B.E. Witkin, California Procedure, 4th edition. KFC995 .W52. A 10-volume treatise on California procedure, includes an index and is kept up to date by pocket supplements.
  • B.E. Witkin, California Evidence, KFC1030 .W5. A 3-volume treatise on California evidence, includes an index and is kept up to date with pocket supplements.
  • B.E. Witkin, California Criminal Law, KFC1100 .W5. A 6-volume treatise, includes bibliographical references and an index, kept up-to-date by supplements.

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LOCAL GOVERNMENTS

A. Background Information Sources

B. County Government

There are 58 counties in the state of California. The County is the "largest political subdivision of the state having corporate powers." The two types of California counties are (1) charter counties, and (2) general law counties. The state constitution allows charter counties the autonomy to create and enforce local ordinances, provided the ordinances do not conflict with the general laws of the state. General law counties are governed by the California Government Code. This "home rule" option permits greater flexibility in local governance because the counties are given the power and authority to provide for the health and welfare of its residents.

The role of county government, as a political subdivision of the state, is to deliver the services mandated by the state and federal governments, for instance, health, welfare, criminal justice, elections, recording of documents, weights & measures, and agricultural enforcement. Each county is governed by a five-member Board of Supervisors that sets policy, enacts ordinances and regulations, and oversees activities of county departments.

  • The California State Association of Counties web site provides access to official county web sites, county maps, listings of cities within each county and other explanatory information about the powers and structure of California counties.
  • California Counties The California State Association of Counties list of California county web sites where many counties provide access to their charters, local codes and ordinances.
  • California Institute for County Government. This nonpartisan public policy research organization conducts empirical research projects and maintains a database of local government financial statistics. The Institute is a joint program of the California State Association of Counties (CSAC), the California State University system, and the California State University, Sacramento (CSUS).
  • The Institute of Governmental Studies at UC, Berkeley, maintains a California Local Government Information Website as a starting point for finding information about California local government.
1. California's Charter Counties

Article XI, § 3(a) of the Constitution of California states: For its own government, a county or city may adopt a charter by majority vote of its electors voting on the question. The charter is effective when filed with the Secretary of State. A charter may be amended, revised, or repealed in the same manner. A charter, amendment, revision, or repeal thereof shall be published in the official state statutes.

a. Method of Enacting or Revising a Charter

The procedure for enacting or revising charters can be found in the California Government Code § 23700-23714. Charter counties are listed on the California State Association of Counties web site and, where available, links to their charters, ordinances, or codes:

Alameda Butte El Dorado
Fresno Los Angeles Orange
Placer Sacramento San Bernardino
San Diego San Francisco San Mateo
Santa Clara Tehama  
2. California's General Law Counties

When no charter is adopted, the county will be governed by the California General Code. General Law Counties have less autonomy to make governance decisions. Here is a list of the 45 general law counties and, where available, links to their ordinances:

Alpine
Del Norte
Humboldt
Lassen
Madera
Mariposa
Merced
Modoc
Mono
San Benito
San Joaquin
San Luis Obispo
Shasta
Sierra
Sutter
Trinity
Tuolumne
Ventura

C. City Government

Their are 478 incorporated cities in the state of California. Article XI, § 3 of the Constitution of California also provides for the creation of city government. Cities derive their power from either the California Government Code (statute) or from adopting a city charter. General law cities, charter cities and consolidated city and county are the three forms of California cities. General law cities are governed by the California Government code; charter cities are governed by the adoption of charters; and the consolidated city and county is a city and a county that have been merged into one jurisdiction and is governed by a charter. As such, it is simultaneously a city, which is a municipal corporation; and a county, which is an administrative division of a state. At present, San Francisco is the only consolidated city and county in California.

Cities have a higher level of autonomy than counties because they are voluntarily formed and perform many essential service functions which are of most immediate concern to citizens. California Constitution Art. XI and California Government Code § 34871 discuss the difference between general law and charter cities. Charter cities have more autonomy in their governance because through the enactment of localized laws their authority expands beyond the general law requirements.

  • The League of California Cities web site provides access to a thorough compilation of explanatory resources about California cities. Below are direct links to specific sections of the site:
    • Facts at a Glance. A listing of current and historical general information on cities. Also contains census bureau population statistics.
    • California City Info Search. An alphabetized list of California cities with links to their web sites when available.
1. California's Charter Cities

City charters are adopted, enacted, or revised in the same manner as county charters. See above. The League of California Cities and the Institute for Local Government have compiled helpful links to web sites with charter city resources.

2. General Law Cities

General law cities are governed by the California Government Code. The League of California Cities provides an alphabetized list of all California cities with links to their web sites when available.

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D. Special Districts

California Special Districts are state agencies created for the local performance of a specific governmental or proprietary function, unlike cities and counties that perform a wide variety of functions for their citizenry. Special districts provide services and facilities within a defined boundary and are governed by a board.

1. Structure of Special Districts

Special Districts provide specific services within a defined area. There are approximately 4,763 Special Districts in the State of California. The two major categories of special district activities are (1) enterprise - similar to private business, their funding is primarily derived from user charges and fees, or (2) non enterprise - functions are provided on a funding basis derived primarily from property tax allocations.

Independent Special Districts have their own separate boards of directors elected by the districts' voters, and also include districts where the appointed boards of directors serve for fixed terms. Dependent Special Districts are governed by existing legislative bodies such as a city council or a county board of supervisors.

The Los Angeles Department of Water and Power, Mosquito and Vector Control Association of California, Mojave Desert Air Quality Management District, South Coast Air Quality Management District, and the Central Coast Water Authority are examples of important special districts. California Special Districts may include an Airport District, a Library District, Healthcare/Hospital District, Police Protection District, Sanitation/Sewer District, Transit District or a Water District.

  • Special Districts Annual Reports. The California State Controller's Office (CSCO) has links to the Special Districts Annual Reports from fiscal years 1998 to 2005. Summary Reports are available for fiscal years 1995 to 1998. The annual reports provide detailed information about revenues and expenditures, and are compilations of financial data provided by county auditors and special district officials. Special Districts provide financial transaction reports to the State Controller's Office pursuant to California Government Code § 53890-53897.
  • Top 250 Special Districts. From the Special Districts Annual Reports, the CSCO compiles a list of the largest total revenue generating Special Districts.
  • California Special Districts Association. The California Special Districts Association (CSDA) is a not-for-profit association that was formed in 1969 to ensure the continued existence of local, independent special districts.
  • Membership Directory Search. The researcher can search the database for CSDA member districts. Results include direct links to district web sites where available. Search by region, county, district service, or professional service. Nonmembers can access general information on CSDA members.

E. Regional Government Organizations

Regional Government Organizations consist of local governments working together to facilitate research and draw up plans for regional improvements in areas such as transportation, housing, waste management, economic growth and air quality.

  • Association of Bay Area Governments. The membership includes the following counties and cities within: Alameda County, Contra Costa County, Marin County, Napa County, San Francisco County, San Mateo County, Santa Clara County, Solano County and Sonoma County.
  • Southern California Association of Governments.The membership includes the following counties and cities within: Imperial County, Los Angeles County, Orange County, Riverside County, San Bernardino County, Ventura County.
  • San Diego Association of Governments. The membership includes San Diego County and the cities within the boundaries of San Diego County.

F. California Tribes

There are approximately 333,511 Native Americans residing in the state of California. In the interest of preserving the history of Native Americans the Governor's Office of Planning and Research recently enacted Chapter 905, Statutes of 2004 (Senate Bill No. 18) that amends sections of the Civil Code and Government Code relating to the protection of traditional tribal cultural places by requiring cities and counties to notify and consult with California Native American Tribes about proposed local land use planning decisions. The Tribal Consultation Guidelines provide "advisory guidance to cities and counties on the process for consulting with Native American tribes during the adoption or amendment of local general plans or specific plans in accordance with the statutory requirements of Senate Bill 18."

  • California Native American Heritage Commission. Local government agencies with an emphasis on protecting and preserving Native American Human Remains, Associated Grave Goods and Cultural Resources. This web site provides access to historical, cultural and preservation information along with local, state and federal ordinances, codes and laws.
  • California Tribal Government Contacts List. Organized by county, this is a 6-page directory listing addresses, telephone and facsimile numbers of California Tribal Governments.

BOOKS & PRACTICE MATERIALS

A. Treatises & Encyclopedias

  • B.E. Witkin. Summary of California Law, 10th edition. A 16-volume, highly regarded and frequently cited treatise containing detailed analysis of the law along with substantive, procedural and historical information.
    • Print: KFC80 .W5 2005 (updated through 2007.)
    • Westlaw: WITKIN This multibase provides access to the Summary of California Law, California Procedure, California Evidence, California Criminal Law, the Combined Tables of Contents, Combined Index, Combined Tables of Cases and the Combined Tables of Statutes, Constitutions, and Rules.
    • Lexis: Legal > States Legal - U.S. > California > Restatements & Jurisprudences > Witkin Treatises. Access is provided to the Witkin civil and criminal law treatises: Summary of California Law, Ninth Edition, (Witkin & Epstein) California Criminal Law, Second Edition, California Procedure, Third Edition, and California Evidence, Third Edition.
  • California Jurisprudence 3d. A multiple volume topical encyclopedia on California Law. Volumes are alphabetically arranged with an index and a table of parallel references that link the second and third editions.
  • Richard J. Denney, Jr., John C. Mueller, eds., California Environmental Law Handbook, [KFC610 .C34 1999]. A general guide to the statutes, regulations, court decisions, agency plans and policies that make up California's environmental regulatory scheme.
  • Steven B. Eggleston & Bernadette M. O'Brien. Labor and Employment in California: A Guide to Employment Laws, Regulations, and Practices, [KFC570 .E38 1997] (updated through 2006).
  • Scott S. Slater, California Water Law and Policy [KFC790 .S63 1995] (updated through 2006) This 2-volume treatise provides citations to administrative decisions, references to unpublished opinions, and practice pointers relating to California water law.
  • Marc A. Levin, How to Find Local Law: A California Paradigm, 14 Legal Reference Services Quarterly, pgs. 79-96 (1994) K12 .E357]. Provides an overview of city and county government law in California.
  • The Gale Encyclopedia of Native American Tribes. Volume 4 contains information on the Native American Tribes of California.

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B. Jury Instructions

The following jury instructions were prepared by the Standard Jury Instruction Committees of the Superior Court of Los Angeles California.

C. Practice Manuals

  • California Practice. [KFC80 .C32]. A multiple volume set covering the following topics: probate court practice, family law, civil actions pleading, evidentiary objections, state and local taxation, discovery practice, defense in civil actions and tort law.
  • Continuing Education of the Bar publishes practice books for the California legal practitioner. Select a specific record from GULLIVER for call number and location information.

D. Style Manuals

BAR JOURNALS & LEGAL NEWSPAPERS

Georgetown University Law Library subscribes to the print versions of over 75 law reviews, bar journals, and other legal periodicals published in the state of California. For a detailed list, do the following subject search in the libraries catalog: Law -- Periodicals -- California.

For electronic access to California law reviews and journals check the following databases:

  • HeinOnline
  • Westlaw: CA-JLR - California Journals & Law Reviews
  • Lexis: Legal > Secondary Legal > Law Reviews & Journals > Law Reviews by Jurisdiction > California Law Reviews, Combined  (CALRV)

A. Bar Journals

  • California Bar Journal
    • Print: [K3 .A402 Micro] (1994- )
    • Internet: California Bar Journal provides access to the past twelve issues of the journal and archived issues from 1996 through 2004. The official publication of the State Bar of California.
  • California Lawyer
    • Print: [K3 .A32]; (RESERVES - Current editions);
    • Internet: Subscribers to the publication can access online content through the Daily Journal web site, the publisher of California Lawyer.
  • California State Bar Journal
    • Print: [K10 .O98] (1942-1971); [MEDIA 1st Floor, K3 .A332 Micro]; [K3 .A332] (1972-1981). Publication continued by the California Lawyer.

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B. Law Review Journals

  • West-Northwest Journal of Environmental Law & Policy. University of California, Hastings College of the Law publishes this regional environmental law journal covering California and the Pacific Northwest.
    • Print: [ K27 .E5] vol. 1, no. 1 (spring 1994)- .
    • Electronic: [INTERNET, K8 .A885 Electronic]. HeinOnline provides electronic access.
  • McGeorge Law Review (Pacific Law Journal). This publication by the University of the Pacific McGeorge School of Law frequently focuses on California legal matters. For example, the content of the California Water Rights Law Symposium recently held at the McGeorge School of Law will appear in vol. 36 nos. 1-2 of the McGeorge Law Review.
    • Print: [K16 .A21] vol. 29, no. 1- .
    • Print: [ K16 .A2] vol. 1 (1970-1979) & [K16 .A2] (1980-1997)
    • Electronic: [INTERNET, K16 .A21 Electronic] HeinOnline provides electronic access.
    • Microform: [INTL MEDIA K16 .M2 Micro] vols. 1-29 (1970-1997)
  • Loyola of Los Angeles Law Review. Review the Contents of Issues section to locate topical articles on California law. For example, vol. 38 contains a proposal that elaborates on the effect of California's three-strikes law; vol. 37, no. 1 is a review of the Ninth Circuit Court.
    • Print: [K12 .O897] vol. 13- (1979- ). Currents in RESERVE
    • Print: [K12 .O897] vols. 5-12 (1972-1979)
    • Electronic: [INTERNET, K12 .O897 Electronic] HeinOnline provides electronic access.
    • Microform: [MEDIA, 1st Floor, K12 .O897 Micro] vols. 1-34 (1968-2001)

C. Legal Newspapers

  • Los Angeles Daily Journal (legal newspaper). Journal is indexed through Legaltrac (1980- ).
    • Print: LOEW LOUNGE (Current); RESERVES (Earlier Issues); MEDIA (1ST FLOOR), NEWSPAPER Micro (1980- )
    • Internet: Subscribers to the publication can access online content through the Daily Journal web site, the publisher of the Los Angeles Daily Journal.
  • The Recorder (San Francisco's daily legal newspaper)

OTHER USEFUL RESOURCES

The researcher may find helpful this list of web sites, research guides and law review journals that focus on the law of California.

A. Web Sites

B. Other Research Guides

Updated 07/07 (MMK)

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