Finding California Statutes, Regulations, and Related Cases

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Introduction
Finding California Statutes
Finding California Regulations
Searching for Related Case Law

1. Introduction

California statutes are the laws enacted by the California legislature and signed by the California Governor. California regulations are issued by the various California administrative agencies, which get their authority to regulate from specific California statutes. Regulations are designed to implement and sometimes interpret statutes. Both California statutes and regulations are binding authority on all individuals and entities in the state of California.

As a general rule, it is best to begin your research with the relevant statute(s) and then move on to the related regulation(s) because statutes provide context for understanding the regulations. Also, statutes tend to be cited more than regulations and therefore, are usually easier to find. Once you find a relevant statute, it will typically lead you to the related regulation(s).

California statutes and regulations can be found in codes. A code is usually the best place to look up a statute or regulation because it is organized by subject and updated on a regular basis.

2. Finding California Statutes

There are 29 separate statutory codes in California. Each code covers one or more major subject areas (e.g., the Family Code covers family law topics, the Penal Code covers criminal law, etc.).

There is no official print version of the California statutory codes. There are, however, two commercially published multi-volume sets where you can find the text of the codes:

West's Annotated California Codes (published by West)
Deering's California Codes Annotated (published by LexisNexis)

The text of the statutory language should be the same in these two sets, and the volumes in both sets are updated with annual pocket parts (i.e., paperback pamphlets placed in the back pocket of each volume) or separate paperback supplements.

Codes are divided and subdivided by topic and eventually broken down into sections, each of which are numbered. The code name abbreviation and section number are both included in a California code citation. The § symbol is always placed before the actual section number.

For example, Cal. Civ. Code § 1000 refers to section 1000 of the California Civil Code. The version of the code being cited to as well as the publication year of the volume containing the code section are often included in parentheses at the end of the citation (e.g., Cal. Civ. Code § 1000 (West 2006)).

The California statutory codes can also be accessed via the "Official California Legislative Information" website. On this site's California Law page, you can either browse the tables of contents for the various codes or search the codes by keyword.

The Deering version of the codes is also accessible electronically on the USC campus through the Federal & State Codes search page on LexisNexis Academic.

Searching for Statutes by Citation

Using Print Codes
If you already have a citation to a California statutory code section, you can go right to the text of that section in one of the two print versions mentioned above. On the spine of each code volume, you will see the name of the code and the section range that is included in that volume. Once you read your code section in the bound volume, check the pocket part or supplement for that volume to see if the code section has been amended. In the West set, the most recent additions to a code section are indicated by underlining and deletions are indicated by asterisks (* * *). In the Deering set, additions are placed in italics and deleted text is crossed out.
One reason it is sometimes preferable to look up your code section in print is that you can often more readily browse around your section to get a sense of context as well as find other potentially relevant sections. You may also find other related code sections by browsing one or more of the tables of contents located at the beginning of each of the relevant code subdivisions (Divisions, Parts, etc.). There is also a master table of contents at the beginning of each code that can help you navigate your way through these various subdivisions.
Using LexisNexis

From the LexisNexis Academic Federal & State Codes search page (which is contained in the "Search - Legal" folder), you can pull up a specific code section by typing your code name and section number in the Search Terms box as shown in the screen shot below. (Make sure the "CA - Deering's California Codes Annotated, Const..." source is chosen in the Sources box.)

By adding the words "heading" and "section" to your search as shown above, you are instructing LexisNexis to only search the headings of each document for the word "family" and the section designations of each document for the number 350. As a result, the search shown on this screen will immediately pull up section 350 of the California Family Code.

As with the print versions of the codes, you can browse some of the nearby table of contents headings on LexisNexis to look for other related code sections. To access the table of contents from a specific section, merely click on the "Show TOC" link near the upper left hand corner of the screen and a left window will appear containing a portion of the table of contents that includes your section (as shown below). You can open up the more specific headings under any of the broader subdivision headings in the table of contents by clicking on the + sign next to one of the broader headings. To hide the headings under a broader heading, click on the - sign next to the broader heading.

You can also browse surrounding sections in the code by clicking on the forward and backward "Document Browse" arrows (also located near the upper left hand corner of the screen, as shown above). Each time you click on an arrow, it will take you to the next or previous section in the code. To return to your original section, choose the "Back to Original Results" option in the "Next Steps" box.

The Deering source on LexisNexis is updated very frequently. When you pull up a code section on the screen, there will be a note near the top indicating the date of the most recent chaptered law reflected in the database (as shown above). As a general rule, California statutes enacted in a particular year do not go into effect until January 1 of the following year. LexisNexis does not incorporate newly enacted laws into its code database until they go into effect. It does however include "Legislative Alert" notes at the top of every code section that will be affected by a newly enacted law.
Using the California Legislative Information Website
On the California legislative website's California Law page, you can browse the table of contents of any of the California statutory codes. If you have a citation to a code section, you can pull up the section by first selecting the appropriate code from the list provided and clicking on the "Search" button. Then browse the table of contents for that code and look for the range of sections that includes your section number. When you click on the link for that section range, the text of those sections will appear on your screen, in numerical order. As with LexisNexis Academic, the text of new laws are not incorporated into the website's database until the laws go into effect.

Searching for Statutes by Name

Each enacted law is often referred to as an act, which may have an official or popular name (e.g., "Unruh Act," "Three Strikes and You're Out," etc.). Both of the print versions of the California statutory codes have a popular name table or index, which lists California acts alphabetically by name and provides citations to enable you to find them in the codes.

The "Popular Name Table" in the West version of the codes is located near the end of the index to the set (after the "Z" entries). A comparable table (called the "Popular Names Index") in the Deering version of the codes is located near the beginning of the index to that set.

Searching for Statutes by Topic

If you do not already have a code citation or a name of an act, it is recommended that you use books and articles to find references to statutes related to your topic. Consult the USC Law Library guides Starting Points to Begin Your Research and How to Find Law Journal Articles for guidance on finding books and articles that may help you in this regard.

If you are unable to find what you are looking for through books and articles, there are some additional searching tools that you can use to look for code sections on your topic.

Using Print Codes

At the end of the California code sets is a "General Index" that you can use to find code sections by topic. The index in the West set is comprised of a series of softbound volumes, while the Deering index is a single hardbound volume. When using the indexes, think creatively since your topic may not be listed under the first term(s) you think of.

Usually, when you look up a term in the index, there will be subheadings under the main heading that narrow the topic down. Sometimes, there will also be cross-references to direct you to the appropriate terms to look up. If you find your topic in the index, it will tell you which code(s) and section(s) to look up in the main part of the set.
Using LexisNexis
The Federal & State Codes search page on LexisNexis Academic allows you to enter your key word(s) in the Search Terms box at the top of the screen. Make sure the "CA - Deering's California Codes Annotated, Const..." source is chosen in the Sources box.

There are two searching methods on LexisNexis:
- Terms and Connectors: This is the searching method in which you place connectors between your terms and phrases to show the desired relationships between them in the code sections. The AND connector between terms and phrases indicates that both must be in the section, while the OR connector indicates that only one of them needs to be in the section. To look for sections in which your terms or phrases appear in close proximity to each other, use one of the "within" connectors instead of the AND connector:
  - w/n (within n words of, e.g., w/10, w/20)
  - w/s (within the same sentence)
  - w/p (within the same paragraph)
  Example:
  - employment or job w/s age discrimination This search will look for code sections in which either the word employment or job appears within the same sentence as the phrase age discrimination.
  You can truncate terms with an exclamation mark (!) to pull up different versions of a particular word.
  
  Example:
- Natural Language: This is the more basic searching method in which you merely enter your relevant terms (without connectors, commands, or special symbols) and LexisNexis retrieves the most "relevant" sections (based largely on the frequency in which your terms appear in the sections), ranked in order of relevancy.
  
  It is recommended that you place quotation marks around exact phrases when doing a Natural Language search. You may also want to include major synonyms and alternative forms of a word in the Natural Language mode.
  
  Example:
Using the California Legislative Information Website
On the California legislative website's California Law page, you can search an individual code by key word. You also have the option of searching all of the California codes at the same time. Place quotes around exact phrases (e.g., "age discrimination"). You can use the AND and OR connectors to link your terms and phrases (these connectors must be in all caps). On this website, use the asterisk (*) as the truncation symbol.

Example:
- If you want both the word age and a form of the word discriminate in each code section:
  
  age AND discrim*
If you use both the AND and OR connectors, use parentheses around one or more components of your search to indicate the relationships between your terms.
Example:
- If you want either the term race or sex in each section as well as the term discrimination:
  
  (race OR sex) AND discrimination
For additional information on using connectors and special symbols on this site, click on the "Help" button near the bottom of the search page.

3. Finding California Regulations

The official regulatory code in California is called Barclays Official California Code of Regulations (C.C.R.) (formerly called the California Administrative Code). The C.C.R. is divided into 28 numbered titles, each of which covers a broad subject area (e.g., Title 5 covers education, Title 19 covers public safety). Each title is further divided and subdivided by topic and eventually broken down into individually numbered sections. A citation to a C.C.R. section includes the title number and section number.

For example, the citation 22 C.C.R. § 98000 refers to Title 22, Section 98000 of the C.C.R.

The official print version of the C.C.R. consists of looseleaf binders that get updated frequently. There is also a publicly accessible electronic version of the C.C.R.

Searching for Regulations by Citation

If you have a citation to a C.C.R. section, you can go right to the text of that section in either the print or online version of the C.C.R. If you are using the online version, merely choose the "Search for a Specific Regulatory Section" search option provided on the C.C.R. home page.

At the end of each C.C.R. section are "Authority cited" and "Reference" notes that provide citations to related California statutory code sections. ("Authority cited" notes indicate the statutory sections that authorized the various regulations.) If you are beginning your research with a regulation, the statutory references for that regulation can be useful in locating the statutory code section(s) that pertain to your research topic.

Once you are in a C.C.R. section, you can click on the "Table of Contents" link at the bottom of the page, which will take you directly to a portion of the C.C.R. table of contents where your section is listed. Browsing the table of contents may help you to find other relevant regulatory sections. As on LexisNexis Academic, you can open up the more specific headings under any of the broader subdivision headings.

If you are viewing a section online, you can also quickly jump to the next section in the C.C.R. by clicking on the "Docs in Sequence" link at the bottom of the screen. Once you have selected the Docs in Sequence viewing mode, you can continue browsing forward in the code or browse backwards by merely clicking on the forward or backward "Docs In Sequence" arrow near the bottom of the screen (as shown below). To return to your original section, click on the "Cancel Docs in Sequence" link, located at the very bottom of the screen.

Using a Known Statute to Find Regulations

As noted earlier, it is usually helpful to examine the relevant statute that governs your issue before turning to the applicable regulations. One of the benefits of finding the relevant statute is that it can often help you to find the related regulations.

Sometimes, relevant C.C.R. citations are referenced in related sections of the California statutory codes. For example, if you retrieve on LexisNexis Academic section 11138 of the California Government Code, you will find in the "NOTES" portion of the section (below the text of the statute) a reference to related regulations (as shown on the bottom of the screen shot below).

An additional tool you can use if you have a relevant California statutory code citation is the "Table of Statutes to Regulations" located in the "Master Index" volume at the end of the print C.C.R. set. With this table, you can look up your statutory code citation and obtain the citation(s) to the related regulatory section(s) in the C.C.R.

Searching for Regulations by Topic

If you have not been able to find a relevant C.C.R. section through one of the methods discussed above, you can search for regulations topically by using one of the following alternative methods:

You can consult books and articles (i.e., secondary sources) on your topic to see if they discuss any relevant regulations.
The print C.C.R. contains a subject index at the end of the set (located before the "Table of Statutes to Regulations" in the "Master Index" volume). If you find your topic in the index, it will tell you which C.C.R. title(s) and section(s) to look up in the set.
If you are using the online version of the C.C.R., you can choose the "Search for Words" option from the C.C.R. home page and then enter your keywords. As on LexisNexis Academic (discussed above), you can use the AND, OR, and proximity connectors (w/n, w/s, and w/p) to connect your terms and phrases as well as the exclamation mark (!) as a truncation symbol. On this website however, if you are searching for exact phrases, you need to place quotation marks around them.

Example:
- employ! or job w/s "age discrimination"
  
  This search will look for code sections in which either a form of the word employ or the word job appears within the same sentence as the phrase "age discrimination."

4. Searching for Related Case Law

Cases can be important when doing statutory and regulatory research. Because statutes and regulations are subject to interpretation, the courts often have to make determinations regarding the meaning of particular statutory or regulatory provisions. These judicial interpretations can serve as precedent in future cases.

A number of the statutory code sources discussed in this guide provide references to relevant cases. In both the West and Deering versions of the statutory codes, you will often find along with the text of a particular code section summaries of cases that have applied and interpreted that section. These summaries are referred to as "Notes of Decisions." After each case summary, you will also see the citation for that case, which you can use to find the full opinion in a case reporter or case law database.

The case summaries and citations contained in the print Deering version of the codes are also included in the LexisNexis Academic version of this source. On LexisNexis Academic, you can actually link from the case citations to the full text of the opinions in these cases.

With respect to regulations, while neither of the versions of the C.C.R. discussed in this guide provides references to related case law, you may find that some of the cases that interpret statutes also discuss the related regulations. Another option is to run a search in an available case law database or website to find related cases. You can include in your search relevant terms from the text of your regulation as well as the title and section numbers from the relevant C.C.R. citation(s).

Example:

If you are searching on LexisNexis Academic for California cases pertaining to 2 C.C.R. § 7295.2, which deals with age discrimination, you might run the following search:

age w/5 discriminat! AND 2 w/5 7295.2

This search will retrieve only those cases in which BOTH the word age appears within 5 words of a form of the word discriminate AND the number 2 appears within 5 words of the number 7295.2.

For additional guidance on how to find cases (with either a known case citation or by key word), consult the USC Law Library guide How To Find Cases.

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