California law overview and resources such as templates, state comparisons, and practice notes for legal professionals
California is a leader in many areas of the law, including individual rights, environmental protection, the right to privacy, gun control, anti-discrimination, and issues affecting the tech industry. Laws in California come from the state constitution, the state legislature, the courts, regulatory agencies, and the ballot box.
State statutes, which the state legislature passes and the governor signs into law, are codified in 29 California Codes. These are organized by subject matter. To find or cite a statute, you’ll need to know both the code name and the statute’s section number.
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Sample of new laws in California
California laws compared to other states
Templates, practice notes, and more
Sample of new laws in California
These are notable California laws that have gone or will be going into effect in 2024 and beyond:
- AB 352 and SB 345, which went into effect on Jan. 1, 2024, protect the rights of Californians and those who travel to the state to obtain abortions or gender-affirming care. AB 352 protects the privacy of their medical records, and SB 345 prohibits enforcing other states’ laws that criminalize these types of care against providers and patients in California.
- SB 14, which went into effect on Jan. 1, 2024, increases the penalties for human trafficking of minors.
- SBX 1-2, which went into effect on Jan. 1, 2024, increases the transparency of oil industry prices and gives the California Energy Commission the authority to set profit margins and penalize refineries that exceed them.
- SB 1174, which was signed into law on Sept. 29, 2024, prohibits local governments from requiring people to show identification to vote.
- AB 1780, which goes into effect on Sept. 1, 2025, prohibits legacy admissions at private nonprofit colleges.
- SB 1053, which goes into effect on Jan. 1, 2026, prohibits grocery stores from offering plastic bags to customers when they check out.
- AB 3216, which goes into effect July 1, 2026, restricts students’ use of smartphones on school premises.
California laws compared to other states
California provides its citizens with the ability to amend the state constitution by a majority vote, and this resulted in some of the landmark California Supreme Court decisions being nullified. Another aspect of California’s strong tradition of direct democracy includes the ability of voters to recall officials, including the governor. This was done successfully in 2003, when Gray Davis was recalled and replaced by Arnold Schwarzenegger, and unsuccessfully in the 2020 attempted recall of Gavin Newsom.
The state also has a huge body of regulatory law – the largest in the country.
California State Q&A
Basic Q&As regarding California law with an option to compare states from Practical Law
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Gun control
California has the strongest gun laws in the country.
Consumer data and privacy
California is a leader in protecting the privacy of consumer data. The California Consumer Privacy Act, which went into effect in 2020, and the California Privacy Rights Act, which went into effect in 2023, provide significant rights to California residents concerning how their personal data is used. The California Privacy Protection Agency is the first in the country dedicated exclusively to enforcing privacy rights.
Environmental protection
The state is also a pioneer in environmental protection laws. The Global Warming Solutions Act of 2006 was one of the first in the country to require the reduction of greenhouse gasses. California’s Clean Air Act standards are stronger than the federal EPA’s. Its Endangered Species Act was enacted before the federal version and is, in part, stronger. In addition to legislation, there is also extensive case law in California on all of these environmental issues.
Tax
California also tends to be ahead in anti-tax measures. California’s Proposition 13, passed in 1978, greatly limited property taxes. The state’s Constitution also makes it challenging for the state legislature to adopt new taxes.
Technology
Given the prominence of Silicon Valley, it’s no surprise that California courts often deal with complex and cutting-edge tech industry issues. These include trademark disputes, patents, fair use, data breaches, data privacy, and digital contracts.
Abortion
California (along with Michigan, Ohio, and Vermont, as of August 2024) amended its state constitution to protect the right to abortion after the U.S. Supreme Court’s decision in Dobbs.
Death penalty
In 1972, the California Supreme Court ruled that the death penalty was unconstitutional, but later in the same year, voters reinstated it. While the death penalty is still technically legal, no executions have been carried out since 2006.
Noncompete
Noncompete clauses in employment contracts are illegal in California.
English language
An amendment to the California Constitution says that English is the official language of California.
Right to privacy
California was the first state to include a right to privacy in its constitution.
State constitution
California has had two constitutions. The second and current California State Constitution, ratified in 1879, is one of the longest state constitutions and is longer than most national constitutions around the world. Amendments can be added by the legislature, constitutional convention, or ballot propositions, which appear frequently and require only a simple majority vote at the polls to pass. As a result, there are more than 500 amendments.
Article I contains California’s Declaration of Rights. In some aspects it is similar to the U.S. Constitution’s Bill of Rights, but in others, California courts have construed it as more protective, based on sometimes subtle differences in the language. Laws challenged as discriminatory under the California Constitution’s equal protection clause are more likely to be overturned than similar challenges under the federal clause because California has fewer levels of scrutiny and a greater number of suspect classifications.
State statutes
The California legislature enacts the state’s statutes. The Governor has the power to veto them or sign them into law. There are 29 statutory codes in California, organized by subjects. To locate a statute, you must use both the code name (for example, Penal Code) and the section number for the statute within that code.
The official site for accessing California statutes online is California Legislative Information. While the state does not publish an official printed version, legal professionals can obtain a printed copy of West’s Annotated California Codes.
Regulatory law
California has the most regulations of any state, according to a 2022 study. At that time, California had 403,774 regulations, compared to an average of 136,262 for all states.
More than 200 state administrative agencies propose regulations, and the Office of Administrative Law (OAL) reviews them for necessity, clarity, and compliance with the standards of the Administrative Procedure Act (APA). The agencies get their rule-making authority from specific state statutes.
The official publication of California regulations is the California Code of Regulations (CCR), which is available online via Thomson Reuters Westlaw. The regulations are organized into 28 titles based on subjects, for example, administration, food and agriculture, business administration, and education. The state’s Office of Administrative Law (OAL) also publishes the California Code of Regulations Supplement and the California Regulatory Notice Registrar.
It’s a good strategy to start your research with statutes, which will usually point you to the relevant regulations.
Case law
Case law is also important in California. California’s court system is the largest in the country. Decisions of the California Supreme Court and officially published decisions of the California Courts of Appeals are binding on lower state courts. There are many groundbreaking decisions that emerged from the California courts on issues including capital punishment, the rights of criminal defendants, interracial marriage, abortion, negligence, freedom of speech, and marriage equality.
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Court structure
The lowest level of state courts in California are the trial courts, called “Superior Courts.” Appeals from these courts are heard in the California Court of Appeal, which is divided into six districts based on geographic areas. Appeals from the Court of Appeal go to the California Supreme Court. From there, they can be appealed to the U.S. Supreme Court.
Decisions made by the California Supreme Court are binding on all lower state courts. Officially published decisions from the California Court of Appeal are binding on all state Superior Courts, even ones that are outside of an appellate court’s district. This is different from federal law, where appellate decisions are only binding on trial courts within the appellate court’s circuit.
Although published state appellate law is binding on all state trial courts in California, decisions made by one panel of the Court of Appeals are not binding on other appellate panels, even within the same circuit. This can lead to trial courts being bound by conflicting appellate decisions. Technically, a trial court can choose which of the conflicting decisions to follow, but as a practical matter, trial courts will ordinarily follow the decision from the appellate court in its own district.
Opinions of the state Supreme Court and some opinions from the Court of Appeals are published in the Official Reports. With a few exceptions, only cases published or certified for publication in the Official Reports are binding and can be cited as precedent in court. The majority of the Court of Appeals’ opinions are not published, and those are not binding or citable.
There are also four federal district courts in California, whose decisions may affect Californians. Appeals from these courts are heard in the Ninth Circuit Court of Appeals and from there can be appealed to the U.S. Supreme Court. Published opinions of the Ninth Circuit appear in the Federal Reporter. If not published there, they appear in the Federal Appendix. The latter are not binding but may be considered as persuasive.
California legal research resources
Below is a small sampling of the comprehensive resources maintained by our attorney-editors.
Litigation
Find an overview of the default judgment process in California state court litigation that explains the key issues to consider before applying for entry of default and default judgment in unlimited civil cases.
If you need an overview of electronic discovery (e-discovery) in California state court litigation, start with a practice note that discusses complying with the duty to produce electronically stored information (ESI).
Commercial litigation
Looking for overviews of commercial litigation practice notes? Use the following resources to navigate the use of real property in California superior court, for example, and more how-to guides.
Labor and Employment
Employers and their counsel can use the following state specific resources to assist with California labor laws, employment litigation, and arbitration proceedings.
Other California practice areas include commercial transactions, M&A, real estate, and
trusts and estates.
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Disclaimer
The content appearing on this website is not intended as, and shall not be relied upon as, legal advice. Although this content was created to provide you with accurate and authoritative information, it was not necessarily prepared by attorneys licensed to practice law in a particular jurisdiction. It is general in nature and may not reflect all recent legal developments. Thomson Reuters is not a law firm and an attorney-client relationship is not formed through your use of this website. You should consult with qualified legal counsel before acting on any content found on this website.
