{"id":"DUT-CA-018","kind":"duty","level":"court","jurisdiction":"California","state":"CA","metro":"","industry":"","agency":"","eco":"","issuer":"California Court of Appeal, Third Appellate District (Robie, J., with Hull and Mauro, JJ.)","authority":"Cal. Const. art. III, sec. 3 (separation of powers); Gov. Code sections 8567, 8571, 8627 (Emergency Services Act)","instrument":"Published opinion: Newsom v. Superior Court (Gallagher), No. C093006 (Cal. Ct. App. May 5, 2021), 63 Cal.App.5th 1099","title":"Newsom v. Superior Court of Sutter County (Gallagher, real parties in interest): the Emergency Services Act authorizes the Governor to issue quasi-legislative orders during a state of emergency; such orders have \u0027the force and effect of law\u0027; section 8627 is not an unconstitutional delegation of legislative power","dateIssued":"2021-05-05","effective":"2021-05-05","end":"n/a (judicial decision construing standing statutes)","startDate":"2021-05-05","endDate":"2021-09-30","quarters":["2021Q2","2021Q3"],"types":["DUTY","EMER"],"addressees":["persons generally (the reach of the Governor\u0027s orders under sections 8567 and 8627)"],"clause":"The superior court erred in interpreting the Emergency Services Act to prohibit the Governor from issuing quasi-legislative orders in an emergency. We conclude the issuance of such orders did not constitute an unconstitutional delegation of legislative power.... section 8567, subdivision (a), provides that... such \u0022orders and regulations shall have the force and effect of law.\u0022","enforcement":"n/a (the penalty for disobeying the orders the decision construes is Gov. Code section 8665, DUT-CA-007)","functions":[],"notes":"Confirmed, in a published decision issued while the June 11, 2021 order and the readopted ETS were being prepared, that every executive order issued under the Emergency Services Act during the COVID-19 emergency was a quasi-legislative act with the force and effect of law binding on every person in the State, so that the stay-at-home directive, the reopening framework and their successors bound employers as law and not as requests. Character as recorded: adjudication (orders upheld).","sourceUrl":"https://www4.courts.ca.gov/opinions/archive/C093006.PDF","snapshot":"","fileExists":true,"fileBytes":422128,"grade":"primary","character":"adjudication","description":"","collection":"DUT-CA","url":"/library/DUT-CA-018","exhibitUrl":"/exhibit/DUT-CA-018","citation":"California Court of Appeal, Third Appellate District (Robie, J., with Hull and Mauro, JJ.), Published opinion: Newsom v. Superior Court (Gallagher), No. C093006 (Cal. Ct. App. May 5, 2021), 63 Cal.App.5th 1099 (standing) (Ex. DUT-CA-018)","stateName":"California","related":["DUT-CA-007","DUT-CA-005","DUT-CA-006"]}