Stand Up for California! v. State of California

California COA Decides Stand Up for California! v. State of California

May 17, 2021Matthew L.M. Fletcher

Here:

An excerpt:

After deciding California law empowers the Governor to concur, the Supreme Court transferred this case back to us with directions to vacate our decision and reconsider the matter in light of United Auburn. We conclude the facts of this case are distinguishable from those in United Auburn because at the November 2014 general election California voters rejected the Legislature’s ratification of the tribal-state compact for gaming at the Madera site. As described below, we conclude the people retained the power to annul a concurrence by the Governor and the voters exercised this retained power at the 2014 election by impliedly revoking the concurrence for the Madera site. As a result, the concurrence is no longer valid, and the demurrer should have been overruled.

Split Cal. COA Holds Gov. Brown’s Concurrence in North Fork Compact is Invalid

December 13, 2016December 13, 2016Matthew L.M. Fletcher

Here are the opinions in Stand Up For California v. State of California (PDF). An excerpt from the lead opinion:

The judgment is reversed. The Governor’s concurrence is invalid under the facts alleged in this case. Plaintiffs have stated a cause of action for a writ of mandate to set the concurrence aside on the ground that it is unsupported by legal authority. The matter is remanded for further proceedings, and the trial court is directed to vacate its order sustaining the demurrers and enter a new order overruling them.

Briefs:

Appellant Brief

California Brief

Reply Brief

Appellant Supplemental Brief

California Supplemental Brief

North Fork Supplemental Brief