Supreme Court of California
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The Supreme Court of California is the highest and final court of appeals in the courts of the U.S. state of
California California () is a U.S. state, state in the Western United States that lies on the West Coast of the United States, Pacific Coast. It borders Oregon to the north, Nevada and Arizona to the east, and shares Mexico–United States border, an ...
. It is headquartered in
San Francisco San Francisco, officially the City and County of San Francisco, is a commercial, Financial District, San Francisco, financial, and Culture of San Francisco, cultural center of Northern California. With a population of 827,526 residents as of ...
at the Earl Warren Building, but it regularly holds sessions in
Los Angeles Los Angeles, often referred to by its initials L.A., is the List of municipalities in California, most populous city in the U.S. state of California, and the commercial, Financial District, Los Angeles, financial, and Culture of Los Angeles, ...
and
Sacramento Sacramento ( or ; ; ) is the capital city of the U.S. state of California and the seat of Sacramento County. Located at the confluence of the Sacramento and American Rivers in Northern California's Sacramento Valley, Sacramento's 2020 p ...
. Its decisions are binding on all other California state courts. Since 1850, the court has issued many influential decisions in a variety of areas including
tort A tort is a civil wrong, other than breach of contract, that causes a claimant to suffer loss or harm, resulting in legal liability for the person who commits the tortious act. Tort law can be contrasted with criminal law, which deals with cri ...
s,
property Property is a system of rights that gives people legal control of valuable things, and also refers to the valuable things themselves. Depending on the nature of the property, an owner of property may have the right to consume, alter, share, re ...
, civil and constitutional rights, and
criminal law Criminal law is the body of law that relates to crime. It proscribes conduct perceived as threatening, harmful, or otherwise endangering to the property, health, safety, and Well-being, welfare of people inclusive of one's self. Most criminal l ...
.


Composition

Under the original 1849 California Constitution, the Court started with a chief justice and two
associate justice An associate justice or associate judge (or simply associate) is a judicial panel member who is not the chief justice in some jurisdictions. The title "Associate Justice" is used for members of the Supreme Court of the United States and some ...
s. The Court was expanded to five justices in 1862. Under the current 1879 constitution, the Court expanded to six associate justices and one chief justice, for the current total of seven. The justices are appointed by the
Governor of California The governor of California is the head of government of the U.S. state of California. The Governor (United States), governor is the commander-in-chief of the California National Guard and the California State Guard. Established in the Constit ...
and are subject to retention elections. According to the California Constitution, to be considered for appointment, as with any California judge, a person must be an attorney admitted to practice in California or have served as a judge of a California court for 10 years immediately preceding the appointment. To fill a vacant position, the Governor must first submit a candidate's name to the Commission on Judicial Nominees Evaluation of the State Bar of California, which prepares and returns a thorough, confidential evaluation of the candidate. Next, the Governor officially nominates the candidate, who must then be evaluated by the Commission on Judicial Appointments, which consists of the Chief Justice of California, the Attorney General of California, and a senior presiding justice of the California Courts of Appeal. The Commission holds a public hearing and if satisfied with the nominee's qualifications, confirms the nomination. The nominee can then immediately fill an existing vacancy, or replace a departing justice at the beginning of the next judicial term. If a nominee is confirmed to fill a vacancy that arose partway through a judicial term, the justice must stand for retention during the next gubernatorial election. Voters then determine whether to retain the justice for the remainder of the judicial term. At the term's conclusion, justices must again undergo a statewide retention election for a full 12-year term. If a majority votes "no", the seat becomes vacant and may be filled by the Governor. The electorate has occasionally exercised the power not to retain justices. Chief Justice Rose Bird and Associate Justices Cruz Reynoso and Joseph Grodin were staunchly opposed to
capital punishment Capital punishment, also known as the death penalty and formerly called judicial homicide, is the state-sanctioned killing of a person as punishment for actual or supposed misconduct. The sentence (law), sentence ordering that an offender b ...
and were subsequently removed in the 1986 general election. Newly reelected Governor George Deukmejian was then able to elevate Associate Justice Malcolm M. Lucas to Chief Justice and appoint three new associate justices (one to replace Lucas in his old post and two to replace Reynoso and Grodin).


Structure

Between 1879 and 1966, the court was divided by the state constitution into two three-justice panels, Department One and Department Two.See ''People v. Kelly''
40 Cal. 4th 106, 113
(2006), which explains the 1879 constitutional convention's decision to create a seven-justice court with two three-justice departments.
The chief justice divided cases evenly between the panels and also decided which cases would be heard "in bank" (
en banc In law, an ''en banc'' (; alternatively ''in banc'', ''in banco'' or ''in bank''; ) session is when all the judges of a court sit to hear a case, not just one judge or a smaller panel of judges. For courts like the United States Courts of Appeal ...
) by the Court sitting as a whole. During the late 1920s, the court gradually transitioned to routinely hearing all appeals in bank, apart from two unusual exceptions in 1941 when it again tried to sit in departments. The 1966 formal abolition of the department system merely confirmed how the court had been actually operating for quite some time. Oral argument was mandatory only for in bank hearings of appeals, which meant that many appeals were decided by three-justice departments on the briefs alone. However, the state constitution required department decisions to be unanimous to produce a final judgment. Any dissent automatically triggered an in bank hearing. After a constitutional amendment in 1966, the Court currently sits in bank (all seven together) when hearing all appeals. When there is an open seat on the court, or if a justice recuses himself or herself on a given case, justices from the California Courts of Appeal are assigned by the chief justice to join the court for individual cases on a rotational basis. The procedure for when all justices recuse themselves from a case has varied over time. For a 1992 case, the chief justice requested the presiding justice of a Court of Appeal district (different from the one where the case originated) to select six other Court of Appeal justices from his district, and they formed an acting Supreme Court for the purpose of deciding that one case. However, in a later case where all members of the Court recused themselves when Governor Schwarzenegger sought a writ of mandate (''Schwarzenegger v. Court of Appeal (Epstein)''), seven justices of the Courts of Appeal were selected based on the regular rotational basis, not from the same district, with the most senior one serving as the acting chief justice, and that acting supreme court eventually denied the writ petition. In a yet more recent case (''Mallano v. Chiang'') where all members of the Court recused themselves on a petition for review by retired Court of Appeal justices on a matter involving those justices' salaries (that apparently involved matters up to and including the 2016–2017 fiscal year), the Court ordered that six superior court judges be selected from the pool that took office after July 1, 2017, to serve as the substitute justices for the six sitting justices, with the senior judge among that group serving as the acting Chief Justice; that acting Supreme Court eventually denied the petition for review.


Membership

Six current justices were appointed by Democrats (Liu, Kruger, Groban, Jenkins, Guerrero and Evans) and one by Republicans (Corrigan). There are three
African American African Americans, also known as Black Americans and formerly also called Afro-Americans, are an Race and ethnicity in the United States, American racial and ethnic group that consists of Americans who have total or partial ancestry from an ...
(Kruger, Jenkins, Evans) justices, one East Asian American justice (Liu), two
non-Hispanic white Non-Hispanic Whites, also referred to as White Anglo Americans or Non-Latino Whites, are White Americans who are classified by the United States census as "White" and not of Hispanic or Latino origin. According to annual estimates from the Unit ...
justices (Corrigan, Groban) and one Latina (Guerrero). One justice earned an undergraduate degree from a
University of California The University of California (UC) is a public university, public Land-grant university, land-grant research university, research university system in the U.S. state of California. Headquartered in Oakland, California, Oakland, the system is co ...
school (Guerrero at Berkeley), five from private universities in California (Corrigan at Holy Names, Liu, Groban and Evans at Stanford, and Jenkins at Santa Clara), and one from an out-of-state private university (Kruger at
Harvard Harvard University is a private Ivy League research university in Cambridge, Massachusetts, United States. Founded in 1636 and named for its first benefactor, the Puritan clergyman John Harvard, it is the oldest institution of higher lear ...
). Two justices earned their law degrees from a University of California law school (Corrigan at UC Law SF and Evans at Davis), two from a private California university (Guerrero at Stanford and Jenkins at the
University of San Francisco The University of San Francisco (USF) is a Private university, private Society of Jesus, Jesuit university in San Francisco, California, United States. Founded in 1855, it has nearly 9,000 students pursuing undergraduate and graduate degrees ...
), and three from law schools at out-of-state private universities (Liu and Kruger at Yale, and Groban at
Harvard Harvard University is a private Ivy League research university in Cambridge, Massachusetts, United States. Founded in 1636 and named for its first benefactor, the Puritan clergyman John Harvard, it is the oldest institution of higher lear ...
). The most recent addition to the court is Associate Justice Kelli Evans, who was sworn in on January 2, 2023, to replace then-Associate Justice Patricia Guerrero, who was elevated to chief justice. In 2023, Guerrero became the first Latina to serve as chief justice. The court first had a female majority from 2011 to 2017. This majority had been achieved in 2011 after Republican Governor
Arnold Schwarzenegger Arnold Alois Schwarzenegger (born July30, 1947) is an Austrian and American actor, businessman, former politician, and former professional bodybuilder, known for his roles in high-profile action films. Governorship of Arnold Schwarzenegger, ...
appointed Chief Justice Tani Cantil-Sakauye to the court, joining Justice Joyce L. Kennard (an appointee of Republican Governor George Deukmejian), Justice Kathryn Werdegar (appointed by Republican Governor Pete Wilson), and Justice Carol A. Corrigan (another Schwarzenegger appointee). When Kennard retired in 2014, Democratic Governor
Jerry Brown Edmund Gerald Brown Jr. (born April 7, 1938) is an American lawyer, author, and politician who served as the 34th and 39th governor of California from 1975 to 1983 and 2011 to 2019. A member of the Democratic Party (United States), Democratic P ...
preserved the female majority by appointing Leondra Kruger to succeed her; while this first female majority later ended with the 2017 retirement of Werdegar and appointment of Groban by Brown to succeed her, a second female majority was later established in 2022, upon the swearing-in of Guerrero to replace Mariano-Florentino Cuéllar.


Operation


Jurisdiction

The Constitution of California gives the Court mandatory and exclusive appellate jurisdiction in all cases imposing capital punishment in California, although the Court has sponsored a state constitutional amendment to allow it to assign death penalty appeals to the California Courts of Appeal. The Court has discretionary appellate jurisdiction over all cases reviewed by the Courts of Appeal; the latter were created by a 1904 constitutional amendment to relieve the Supreme Court of most of its workload so the Court could then focus on dealing with non-frivolous appeals that involved important issues of law. According to research by Justice Goodwin Liu, each year the Court has averaged 5,200 petitions for writs of
certiorari In law, ''certiorari'' is a court process to seek judicial review of a decision of a lower court or government agency. ''Certiorari'' comes from the name of a prerogative writ in England, issued by a superior court to direct that the recor ...
and 3,400 petitions for
habeas corpus ''Habeas corpus'' (; from Medieval Latin, ) is a legal procedure invoking the jurisdiction of a court to review the unlawful detention or imprisonment of an individual, and request the individual's custodian (usually a prison official) to ...
, plus 40 additional petitions from inmates already on death row. In an average year the Court will decide to hear 83 cases and will be required to hear appeals from 20 new inmates joining death row. Each week, the Court votes on 150 to 300 petitions, paying special attention to a staff-recommended "A list" as well as to certified questions from the United States Court of Appeals for the Ninth Circuit.


Internal procedure

The Court is open for business year-round (as opposed to operating only during scheduled "terms" as is commonplace in jurisdictions that observe the legal year). The Court hears oral argument at least one week per month, 10 months each year (except July and August). It has been headquartered in San Francisco since 1874. Since 1878, it has regularly heard oral argument each year at San Francisco (four months), Los Angeles (four months), and Sacramento (two months). According to Justice Liu, when a case is granted review, the Chief Justice assigns the case to a justice, who, after the parties finish briefing, then prepares a draft opinion. Each justice writes a preliminary response to the draft opinion, and if the assigned justice is in the minority, she may ask the Chief Justice to reassign the case to someone in the majority. The Court then hears oral arguments and, immediately afterwards, meet alone to vote. The California Constitution requires suspension of the justices' salaries if the Court fails to then file a decision within 90 days. The Court issues unanimous opinions in 77% of cases, compared to 43% by the
Supreme Court of the United States The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all Federal tribunals in the United States, U.S. federal court cases, and over Stat ...
. Throughout the year (including July and August), the justices have a conference every Wednesday the Court is not hearing oral argument, with the exception of the last week, respectively, of November and December (Thanksgiving and New Year's). New opinions are published online on Monday and Thursday mornings at 10 a.m. Paper copies also become available through the clerk's office at that time. The Court is one of the few U.S. courts apart from the U.S. Supreme Court that enjoys the privilege of having its opinions routinely published in three hardcover
reporters A journalist is a person who gathers information in the form of text, audio or pictures, processes it into a newsworthy form and disseminates it to the public. This is called journalism. Roles Journalists can work in broadcast, print, adverti ...
. The Court's Reporter of Decisions contracts with a private publisher (currently
LexisNexis LexisNexis is an American data analytics company headquartered in New York, New York. Its products are various databases that are accessed through online portals, including portals for computer-assisted legal research (CALR), newspaper searc ...
) to publish the official reporter, ''California Reports'', now in its fifth series; note that the series number changes whenever the publisher changes, although the most recent changeover to the fifth series did not involve a change in reporter. West publishes California decisions in both the ''California Reporter'' (in its second series) and the ''
Pacific Reporter The ''Pacific Reporter'', ''Pacific Reporter Second'', and ''Pacific Reporter Third'' () are United States regional law report, case law reporters. It is part of the National Reporter System created by John B. West for West Publishing Company, whi ...
'' (in its third series). (The
New York Court of Appeals The New York Court of Appeals is the supreme court, highest court in the Judiciary of New York (state), Unified Court System of the New York (state), State of New York. It consists of seven judges: the Chief Judge of the New York Court of Appeal ...
opinions are similarly published in three reporters.) Each justice has five assigned chambers attorneys. Since the late 1980s, the Court has turned away from the traditional use of
law clerk A law clerk, judicial clerk, or judicial assistant is a person, often a lawyer, who provides direct counsel and assistance to a lawyer or judge by Legal research, researching issues and drafting legal opinions for cases before the court. Judicial ...
s, and has switched to permanent staff attorneys. Justices Goodwin Liu and Leondra Kruger, however, have returned to the traditional use of recent law school graduates as one-year clerks for some of their staff positions. The Court has about 85 staff attorneys, some of whom are attached to particular justices; the rest are shared as a central staff. The advantage to this system is that the reduced turnover of staff attorneys (versus the traditional system of rotating through new law clerks every year) has improved the efficiency of the court in dealing with complex cases, particularly death penalty cases. During its first half-century of operation, the Court struggled to keep up with its soaring caseload and very frequently fell behind, until the California Courts of Appeal were created in 1904. This resulted in provisions in the 1879 Constitution requiring the Court to decide all cases in writing with reasons given (to get rid of minor cases, it had often given summary dispositions with ''no'' reasons given) and requiring California judges to certify in writing every month that no matter submitted for consideration had been outstanding for more than 90 days, or else they will not be paid. To comply with the latter provision, the Court does not schedule oral argument until the justices and their staff attorneys have already studied the briefs, formulated their respective positions, and circulated draft opinions. Then, after the matter is formally "argued and submitted" before the Court, the justices can polish and file their opinions well before reaching the 90-day deadline. This differs sharply from the practice in all other federal and state appellate courts, where judges can schedule oral argument not long after written briefing is finished, but then may take many months (or even a year) after oral argument to file their opinions.


Historical procedure

In March 1885, the state legislature authorized the creation of the Supreme Court Commission to help with the Court's overwhelming backlog of pending appeals. The justices were initially allowed to hire three commissioners. Since oral argument was not mandatory except for in bank hearings of appeals, the justices began to assign cases to the commissioners which could likely be resolved on the briefs alone. The number of commissioners was expanded in five in 1889. In retrospect, the commissioners can be seen as an important precursor of the law clerks and staff attorneys which the Court began to hire in the 1930s. In contrast to modern practice, where appellate justices are expected to take ownership of the opinions to which they sign their names and staff members are mere
ghostwriter A ghostwriter is a person hired to write literary or journalistic works, speeches, or other texts that are credited to another person as the author. Celebrities, executives, participants in timely news stories, and political leaders often h ...
s, the commissioners openly signed their opinions. Each of the approximately 4,400 appeals (3,700 reported, 700 unreported) handled by the commissioners was resolved by an opinion signed by one commissioner with the concurrence of two others. The opinions always ended in a recommended disposition, such as: "We find no error in the record and the judgment should be affirmed." Originally, this was followed by a one-line unsigned per curiam statement in the name of "The Court," such as: "For the reasons given in the foregoing opinion the judgment is affirmed." Starting in 1892, the three justices who reviewed and summarily adopted each commissioners' opinion began to also sign their names. The commissioners were only partially successful in reducing the chronic backlog. The Commission was also subject to heavy criticism as an unelected "auxiliary court". Attorneys who enjoyed appellate work but had difficulty holding onto judicial seats in partisan elections repeatedly bounced back and forth between serving as elected justices and unelected commissioners. After two more decades of debate, the state legislature recognized that the state needed to establish intermediate appellate courts and referred the issue to the electorate. In November 1904, Senate Constitutional Amendment No. 2 was approved by the state's voters, which abolished the Supreme Court Commission and created the California Courts of Appeal. All five commissioners were promptly appointed in 1905 to serve among the original nine justices of the Courts of Appeal.


Publication of opinions

Except for one decade at its founding, the Court has never been required by constitutional or statutory law to publish all its opinions. The Court currently chooses to publish all opinions as a matter of public policy, as disclosed in rule 8.1105(a) of the California Rules of Court. The original California Constitution of 1849 authorized the Court to publish all opinions that it "may deem expedient," and the current California Constitution of 1879 authorizes the Court to publish all opinions that it "deems appropriate." In 1850, a statute was enacted directing the Supreme Court to publish opinions in all cases, but in 1855, the Court began to direct that some opinions should not be reported, and this procedure was retroactively approved by the legislature in an 1860 statute. Over 1,800 unreported opinions were filed by the Court over the next 25 years (which includes the 700 unreported opinions filed by the commissioners). The ''
Pacific Reporter The ''Pacific Reporter'', ''Pacific Reporter Second'', and ''Pacific Reporter Third'' () are United States regional law report, case law reporters. It is part of the National Reporter System created by John B. West for West Publishing Company, whi ...
'' started to collect and publish the Court's unreported opinions at its launch in 1883, and then the Court gave in and switched back to publication of all opinions. A small group of lawyers later recovered and compiled all the unreported opinions filed by the Supreme Court and the Supreme Court Commission before that point, which were published in a separate seven-volume reporter called ''California Unreported Cases'' starting in 1913. Despite its name, those cases are citable as precedent.


Ancillary responsibilities

The Court supervises the lower courts (including the trial-level California superior courts) through the Judicial Council of California and the California Commission on Judicial Performance, and also supervises California's legal profession through the State Bar of California. All lawyer admissions are done through recommendations of the State Bar, which then must be ratified by the Supreme Court, and attorney discipline is delegated to the State Bar Court of California (although suspensions longer than three years must be independently decided upon by the Court). California's bar is the largest in the U.S. with 210,000 members, of whom 160,000 are practicing. In 2018 and in 2023, the Court issued reform directives regarding corrupt practices within the State Bar of California. The court, with the assistance of the Reporter of Decisions, publishes the California Style Manual for use by the California Courts of Appeal and the superior courts.


Reputation

As ''
The Wall Street Journal ''The Wall Street Journal'' (''WSJ''), also referred to simply as the ''Journal,'' is an American newspaper based in New York City. The newspaper provides extensive coverage of news, especially business and finance. It operates on a subscriptio ...
'' stated, in 1972:
The state's high court over the past 20 years has won a reputation as perhaps the most innovative of the state judiciaries, setting precedents in areas of criminal justice, civil liberties, racial integration, and consumer protection that heavily influence other states and the federal bench.
Statistical analyses conducted by
LexisNexis LexisNexis is an American data analytics company headquartered in New York, New York. Its products are various databases that are accessed through online portals, including portals for computer-assisted legal research (CALR), newspaper searc ...
personnel at the Court's request indicate that the decisions of the Supreme Court of California are by far the most followed of any state supreme court in the United States.Jake Dear and Edward W. Jessen, ''" Followed Rates" and Leading State Cases, 1940–2005'', 41 U.C. Davis L. Rev. 683, 694
(2007).
Between 1940 and 2005, 1,260 decisions of the Court were expressly followed by out-of-state courts (meaning that those courts expressly found the Court's reasoning persuasive and applied it to the cases before them). Many important legal concepts have been pioneered or developed by the Court, including
strict liability In criminal and civil law, strict liability is a standard of liability under which a person is legally responsible for the consequences flowing from an activity even in the absence of fault or criminal intent on the part of the defendant. Und ...
for defective products, fair procedure,
negligent infliction of emotional distress The tort of negligent infliction of emotional distress (NIED) is a controversial cause of action, which is available in nearly all U.S. states but is severely constrained and limited in the majority of them. The underlying concept is that one ...
, palimony, insurance bad faith, wrongful life, and market-share liability. The major film studios in and around Hollywood and the high-tech firms of
Silicon Valley Silicon Valley is a region in Northern California that is a global center for high technology and innovation. Located in the southern part of the San Francisco Bay Area, it corresponds roughly to the geographical area of the Santa Clara Valley ...
both fall under the Court's jurisdiction. Thus, the Court has decided a number of cases by, between, and against such companies, as well as several cases involving Hollywood celebrities and high-tech executives. The California Supreme Court and all lower California state courts use a different writing style and
citation A citation is a reference to a source. More precisely, a citation is an abbreviated alphanumeric expression embedded in the body of an intellectual work that denotes an entry in the bibliographic references section of the work for the purpose o ...
system from the federal courts and many other state courts. California citations have the year between the names of the parties and the reference to the case reporter, as opposed to the national standard (the Bluebook) of putting the year at the end. For example, the famous case '' Marvin v. Marvin'', which established the standard for non-marital partners' ability to sue for their contributions to the partnership, is rendered ''Marvin v. Marvin'' (1976) 18 Cal.3d 660 34 Cal.Rptr. 815, 557 P.2d 106in California style, while it would be ''Marvin v. Marvin'', 18 Cal. 3d 660, 557 P.2d 106, 134 Cal. Rptr. 815 (1976), in Bluebook style. The California citation style, however, has always been the norm of common law jurisdictions outside the United States, including England, Canada and Australia. While the U.S. Supreme Court justices indicate the author of an opinion and who has "joined" the opinion at the start of the opinion, California justices always sign a majority opinion at the end, followed by "WE CONCUR," and then the names of the joining justices. California judges are traditionally not supposed to use certain ungrammatical terms in their opinions, which has led to embarrassing fights between judges and the editor of the state's official reporters. California has traditionally avoided the use of certain French and Latin phrases like ''
en banc In law, an ''en banc'' (; alternatively ''in banc'', ''in banco'' or ''in bank''; ) session is when all the judges of a court sit to hear a case, not just one judge or a smaller panel of judges. For courts like the United States Courts of Appeal ...
'', ''
certiorari In law, ''certiorari'' is a court process to seek judicial review of a decision of a lower court or government agency. ''Certiorari'' comes from the name of a prerogative writ in England, issued by a superior court to direct that the recor ...
'', and ''
mandamus A writ of (; ) is a judicial remedy in the English and American common law system consisting of a court order that commands a government official or entity to perform an act it is legally required to perform as part of its official duties, o ...
'', so California judges and attorneys use "in bank," "review," and "mandate" instead (though "in bank" has become quite rare after 1974). Finally, the Court has the power to "depublish" opinions by the Courts of Appeal (as opposed to the federal practice of ''not'' publishing certain "unpublished" opinions at all in the federal case reporters). This means that even though the opinion has already been published in the official state reporters, it will be binding only upon the parties. Stare decisis does not apply, and any new rules articulated will not be applied in future cases. Similarly, the California Supreme Court has the power to "publish" opinions by the California Courts of Appeal which were initially not published.


Important cases

The California Supreme Court has handed down important and influential decisions since 1850. Some of the most significant of these important and influential Court decisions are listed below in date ascending order. Most of the Court decisions that follow were landmark decisions that were among the first such decisions in the United States or the world. * ''
People v. Hall ''The People of the State of California v. George W. Hall'' or ''People v. Hall'', , was an appealed murder case in the 1850s, in which the California Supreme Court established that Chinese Americans and Chinese immigrants had no rights to testi ...
'' (1854): A case which held that Chinese persons may not testify against a white man, even if the white man is accused of murdering a Chinese person; effectively overturned by state law in 1873. The ''Hall'' case has been described as "containing some of the most offensive racial rhetoric to be found in the annals of California appellate jurisprudence" and "the worst statutory interpretation case in history." * ''Houston v. Williams'' (1859): A leading case on the
separation of powers The separation of powers principle functionally differentiates several types of state (polity), state power (usually Legislature#Legislation, law-making, adjudication, and Executive (government)#Function, execution) and requires these operat ...
under the California Constitution. * '' Escola v. Coca-Cola Bottling Co.'' (1944): Then-Associate Justice Roger Traynor suggested in a now-famous concurring opinion that the Court should dispose of
legal fiction A legal fiction is a construct used in the law where a thing is taken to be true, which is not in fact true, in order to achieve an outcome. Legal fictions can be employed by the courts or found in legislation. Legal fictions are different from ...
s like warranties and impose
strict liability In criminal and civil law, strict liability is a standard of liability under which a person is legally responsible for the consequences flowing from an activity even in the absence of fault or criminal intent on the part of the defendant. Und ...
for defective products as a matter of public policy. * '' Perez v. Sharp'' (1948): The Court overturned the statutory ban on
interracial marriage Interracial marriage is a marriage involving spouses who belong to different "Race (classification of human beings), races" or Ethnic group#Ethnicity and race, racialized ethnicities. In the past, such marriages were outlawed in the United Sta ...
as unconstitutional. ''Perez'' directly influenced the landmark U.S. Supreme Court decision on this issue, '' Loving v. Virginia'' (1967). * '' Summers v. Tice'' (1948): The Court shifted the burden to the defense to disprove causation when it was clear that one of two defendants must have caused the plaintiff's injury, but it was not clear which one. * '' Dillon v. Legg'' (1968): The Court radically expanded the tort of
negligent infliction of emotional distress The tort of negligent infliction of emotional distress (NIED) is a controversial cause of action, which is available in nearly all U.S. states but is severely constrained and limited in the majority of them. The underlying concept is that one ...
(NIED) beyond its traditional form, which historically had been limited to plaintiffs standing in the same "zone of danger" as a relative who was killed. * ''Pacific Gas & E. Co. v. G. W. Drayage & Rigging Co., Inc.'' (1968): The Court held that parol evidence could be conditionally received by a trial court to determine if a contract was ambiguous when not ambiguous on its face. This decision has not been followed by the courts of any other state. * '' Rowland v. Christian'' (1968): The Court abolished the old distinctions between different types of persons entering land and imposed a general
duty of care In Tort, tort law, a duty of care is a legal Law of obligations, obligation that is imposed on an individual, requiring adherence to a standard of care, standard of Reasonable person, reasonable care to avoid careless acts that could foreseeab ...
in the context of the tort of
negligence Negligence ( Lat. ''negligentia'') is a failure to exercise appropriate care expected to be exercised in similar circumstances. Within the scope of tort law, negligence pertains to harm caused by the violation of a duty of care through a neg ...
. * ''People v. Belous'' (1969): The Court held the state's criminal statute prohibiting abortions to be unconstitutionally vague, in a 4–3 decision. * '' People v. Anderson'' (1972): The Court relied upon the state constitutional clause prohibiting "cruel or unusual punishment" (note the difference from the federal Constitution's "cruel and unusual punishment" clause) to abolish capital punishment in California. The state electorate promptly overruled ''Anderson'' that same year with a
popular initiative A popular initiative (also citizens' initiative) is a form of direct democracy by which a petition meeting certain hurdles can force a legal procedure on a proposition. In direct initiative, the proposition is put directly to a plebiscite o ...
, Proposition 17, that kept the "cruel or unusual" clause but declared the death penalty to be neither cruel nor unusual. * '' Pitchess v. Superior Court'' (1974): The Court held that criminal defendants have a right to access the arresting officer's personnel file when the defendant alleges in an affidavit that the officer used excessive force or lied about the circumstances of the arrest. * '' Li v. Yellow Cab Co.'' (1975): The Court embraced comparative negligence as part of California tort law and rejected strict contributory negligence. * '' Tarasoff v. Regents of the University of California'' (1976): The Court held that mental health professionals have a duty to protect individuals who are being threatened with bodily harm by a patient. The original 1974 decision mandated warning the threatened individual, but a 1976 rehearing resulted in a decision calling for a "duty to protect" the intended victim, which did not necessarily require that a potential victim be informed of the threat. * '' Marvin v. Marvin'' (1976): The Court ruled in favor of the enforceability of non-marital relationship contracts, express or implied, to the extent that they are ''not'' founded purely upon meretricious sexual services. In other words, even though California does not recognize common law marriage, persons who cohabit for long periods of time and commingle their assets are allowed to plead and prove marriage-like contracts for support and division of property. * '' Robins v. Pruneyard Shopping Center'' (1979): The Court found that the broad right to freedom of speech in the state constitution included an implied right to freedom of speech in ''private'' shopping centers. The U.S. Supreme Court in turn held that the state supreme court's decision did not amount to a "taking" of the shopping center under federal constitutional law. * '' Sindell v. Abbott Laboratories'' (1980): The Court imposed market share liability on the makers of fungible hazardous products. * '' Thing v. La Chusa'' (1989): The Court withdrew from the expansive form of NIED set forth in ''Dillon'' and imposed a rigid bright-line test for recovery in bystander NIED cases. The ''Thing'' decision included extensive '' dicta'' hostile to plaintiffs which more generally limited the scope of recovery for both the tort of
negligence Negligence ( Lat. ''negligentia'') is a failure to exercise appropriate care expected to be exercised in similar circumstances. Within the scope of tort law, negligence pertains to harm caused by the violation of a duty of care through a neg ...
and emotional distress damages in California. * '' Moore v. Regents of the University of California'' (1990): The Court held that patients do not have intellectual property rights in profits from medical discoveries made with their body parts. * '' Wendland v. Wendland'' (2001): The Court held that in the absence of a legally recognized method of determining who should make medical decisions on the behalf of an incompetent patient, the constitutional
right to life The right to life is the belief that a human (or other animal) has the right to live and, in particular, should not be killed by another entity. The concept of a right to life arises in debates on issues including: capital punishment, with some ...
and
right to privacy The right to privacy is an element of various legal traditions that intends to restrain governmental and private actions that threaten the privacy of individuals. Over 185 national constitutions mention the right to privacy. Since the globa ...
granted special protection to the incompetent person. * '' Yount v. City of Sacramento'' (2008): The Court held that a
criminal conviction In law, a conviction is the determination by a court of law that a defendant is guilty of a crime. A conviction may follow a guilty plea that is accepted by the court, a jury trial in which a verdict of guilty is delivered, or a trial by ...
does not limit an individual's right to bring civil action for deprivation of rights in cases of excessive use of force. * '' In re Marriage Cases'' (2008): The Court held that
sexual orientation Sexual orientation is an enduring personal pattern of romantic attraction or sexual attraction (or a combination of these) to persons of the opposite sex or gender, the same sex or gender, or to both sexes or more than one gender. Patterns ar ...
is a protected class which requires
strict scrutiny In U.S. constitutional law, when a law infringes upon a fundamental constitutional right, the court may apply the strict scrutiny standard. Strict scrutiny holds the challenged law as presumptively invalid unless the government can demonstrat ...
and under such scrutiny, laws prohibiting same-sex marriage are unconstitutional under the state constitution. The state electorate overturned the marriage portion of the decision that same year by enacting a popular initiative, Proposition 8, but left in place the discrimination protections. * '' Silicon Valley Taxpayers' Assn., Inc. v. Santa Clara County Open Space Authority'' (2008): The Court unanimously held in a Proposition 218 ("Right to Vote on Taxes Act") case that courts must exercise their independent judgment in reviewing local agency legislative decisions adopting special assessments. The highly deferential standard of review before Proposition 218 became law was grounded in
separation of powers The separation of powers principle functionally differentiates several types of state (polity), state power (usually Legislature#Legislation, law-making, adjudication, and Executive (government)#Function, execution) and requires these operat ...
. Because the constitutional provisions of Proposition 218 were of equal dignity to the separation of powers doctrine, it no longer justified allowing a local agency to usurp the judicial function of interpreting and applying the constitutional provisions that governed assessments under Proposition 218. * '' People v. Diaz'' (2011): The Court held that the warrantless search of information in a cell phone was valid when incident to a lawful arrest. (The holding in ''Diaz'' was eventually repudiated by the United States Supreme Court in '' Riley v. California''.) * '' Dynamex v. Superior Court'' (2018):4 Cal.5th 903 (2018). The Court abandoned the Control Test for the ABC Test and first ruled gig economy workers to be employees. Chief Justice Cantil-Sakauye penned this landmark decision. It led to AB5 which made it formalized and retroactive at the same time.


Notable former justices

* Serranus Clinton Hastings, Chief Justice (1850–1852) (First Chief Justice, founded UC Law SF) * Solomon Heydenfeldt, Associate Justice (1852–1857) (First Jewish justice to be elected by direct vote of the people) * David S. Terry, Chief Justice (1857–1859) (Killed while attempting to assassinate his successor, Stephen Field) * Stephen J. Field, Chief Justice (1859–1863) (Appointed by President Lincoln to the U.S. Supreme Court) *
Addison Niles Addison Cook Niles (July 22, 1832 – January 17, 1890) was an attorney and served as Nevada County, California, Nevada County judge in California from 1862–1871 and as associate justice on the Supreme Court of California from 1872& ...
, Associate Justice (1872–1880) * Curtis D. Wilbur, Chief Justice (1923–1924) (Appointed by President Coolidge as U.S. Secretary of the Navy) * Mathew Tobriner, Associate Justice (1962–1982) * Roger J. Traynor, Chief Justice (1964–1970), Associate Justice (1940–1964) (Well-respected legal scholar; generally regarded as the greatest justice in the history of the Court) * Stanley Mosk, Associate Justice (1964–2001) (Longest serving justice) * Wiley W. Manuel, Associate Justice (1977–1981) (First
African-American African Americans, also known as Black Americans and formerly also called Afro-Americans, are an American racial and ethnic group that consists of Americans who have total or partial ancestry from any of the Black racial groups of Africa. ...
on the Court; well known for his pro bono work) * Rose E. Bird, Chief Justice (1977–1987) (First woman appointed to the Court; only Chief Justice ever not to be retained by the electorate) * Otto Kaus, Associate Justice (1981–1985) * Allen Broussard, Associate Justice (1981–1991) * Cruz Reynoso, Associate Justice (1982–1987) (First Latino on the Court) * Janice Rogers Brown, Associate Justice (1996–2005) (Appointed by President G.W. Bush to the
United States Court of Appeals for the District of Columbia Circuit The United States Court of Appeals for the District of Columbia Circuit (in case citations, D.C. Cir.) is one of the thirteen United States Courts of Appeals. It has the smallest geographical jurisdiction of any of the U.S. courts of appeals, ...
) * Ronald M. George, Chief Justice (1996–2011), Associate Justice (1991–1996) * Mariano-Florentino Cuéllar, Associate Justice (2015–2021) (named president of the
Carnegie Endowment for International Peace The Carnegie Endowment for International Peace (CEIP) is a nonpartisan international affairs think tank headquartered in Washington, D.C., with operations in Europe, South Asia, East Asia, and the Middle East, as well as the United States. Foun ...
and chair of the board of the William and Flora Hewlett Foundation) * Tani Cantil-Sakauye, Chief Justice (2011–2023) (first Asian American chief justice)


List of chief justices


See also

* Judiciary of California * Judicial Council of California * Impeachment in California * California Supreme Court Historical Society - a nonprofit organization that conducts historical research


References


External links


Supreme Court of California

California Supreme Court Historical Society

At the Lectern – California Supreme Court Practice Blog
{{DEFAULTSORT:Supreme Court Of California Supreme Court of California 1849 establishments in California Courts and tribunals established in 1849 California state courts
California California () is a U.S. state, state in the Western United States that lies on the West Coast of the United States, Pacific Coast. It borders Oregon to the north, Nevada and Arizona to the east, and shares Mexico–United States border, an ...