California Case Law - The FindLaw California Supreme Court and Courts of Appeal Opinion Summaries Blog

February 2016 Archives

Apple Files Challenge to FBI's Court Order to Create Back-Door

The clock is ticking for Apple, which has resolutely made it clear again and again that it has no plans to comply with a recent California Magistrate's court order to assist the FBI into breaking into San Bernadino Syed Farook's iPhone. Apple had until tomorrow to either comply with the order or formally submit a challenge in court. Today, Apple submitted its formal opposition to the federal court order.

FBI director James Comey has been near the epicenter of what can be called a privacy-debate hurricane. He recently let slip that the outcome of the highly contested court order would "be instructive for other courts" when determining how far companies and other parties must go in order to help government hack into their products in the name of national security.

CA Floats Bill to Make Videotaped Gun Sales Mandatory

California Democratic Assemblyman Kevin McCarty has proposed AB2459, a bill he says would eventually help get firearms "out of the wrong hands," reports the Associated Press.

If the bill passes to become law, it would also make it a statewide crime for licensed dealers to sell their guns out of their homes, a practice that is already outlawed by many municipalities.

OSHA: No Mandatory Condoms or Goggles for Porn

California's Occupation Safety and Health Administration rejected a proposal to force all pornographic actors and actresses in the state to widespread use of condoms, gloves, and ... "eye protection." OSHA officials only secured three votes -- just one short in order to have made the proposal law.

The hearing lasted more than five hours as regulators and industry bigwigs gathered in Oakland to hear arguments for and against the proposal.

When it comes to labor regulations, farm workers are in a class by themselves -- a class that largely exempts them from normal minimum wage, child labor, and overtime laws. But even that class has subclasses, which privilege certain types of agricultural work over others. If you're a prune dryer in California, for example, state regulations entitle you to more overtime than if you're simply a prune picker.

And those regulations have a bit of a bite, as two farmers learned on Tuesday in California's Third Appellate District court.

Self-Driving Cars Will Soon Be Legal in California

It should be no surprise that the California is spearheading that movement to get self-driving cars street legal. After all, Google's self-driving cars are being tested here and they're frequently seen driving themselves on Silicon Valley streets.

But is it as easy as just simply making these things and sticking them on the road? Not quite ... but you already knew that.

A public meeting on the future of the California courts recently exposed "a fundamental philosophical difference over how California courts should operate," the Courthouse News Service reports. On one side are the members of the Commission on the Future of California's Court System, an almost-all-judge panel tasked with examining ways to increase efficiency and financial stability in the court system.

On the other are court workers and labor representatives, who view the Commission as a bureaucratic intrusion, CNS reports -- an intrusion that threatens to replace many court jobs with machines.

8 Years Later, Still No Hi-Speed Train; Case Goes Back to Court

If you've been wondering whatever happened to California's high speed rail, you're not the only one. The latest news is that it's back in court.

So far, the project hasn't been very "high speed" at anything except rustling up legal issues.

Twitter can be hard. Politicians accidentally tweet out compromising photos, prosecutors embarrassingly follow porn stars, and Courtney Love accidentally accuses her attorney of being "bought off."

And Love's Twitter mishaps are just the tip of the crazy iceberg that floated in to California's Second District Court of Appeals after Love's former attorney unsuccessfully sued her for the allegedly defamatory tweet.

California bar membership fees were due yesterday, as most in-state lawyers are likely aware. Depending on which boxes you check, that money makes its way to philanthropic, historical, and public interest funds, and of course, to the State Bar's budget.

For the year ahead, though, the California State Bar Association will have a little less budget to work with. No, don't get too excited -- they aren't cutting your fees. But they are planning on trimming the fat by about $10 million.

Fail to Appear and Forfeit Your Bail, Court Rules. Imagine That!

In what is quite possibly the year's most seemingly obvious procedural issue, the California Supreme Court opined that a felony defendant's failure to execute a written waiver of his required presence constitutes a justified forfeit of bail under Penal Code sec. 1305(a).

The moral of the story? Show up to court.