Riley rule in California

2009Fund v. Riley (1937) 9 Cal.2d 126 , 134—136 [ 69 P.2d 985 ] (Riley) and its progeny held “the state is prohibited from using ‘independent contractors’ except in narrow, exceptional situations.” (Professional Engineers, supra, 15 Cal.4th at p. 563 .) In rejecting Caltrans’s invitation to disapprove and overrule Riley , the Supreme Court explained: “As an analytical matter, Riley’s rule seems appropriate to assure that the state civil service is not neglected, diminished, or destroyed through routine appointments to ‘independent contractors’ made solely on the basis of political considerations o

2007"As an analytical matter, Riley's rule seems appropriate to assure that the state civil service is not neglected, diminished, or destroyed through routine appointments to `independent contractors' made solely on the basis of political considerations and cronyism." ( Professional Engineers v. Department of Transportation, supra, 15 Cal.4th at pp. 563-564, 63 Cal.Rptr.2d 467 , 936 P.2d 473 .) Furthermore, "even assuming for the sake of argument that Riley's constitutional interpretation was originally flawed, under settled rules of construction we must presume that Riley's interpretation was pre

2018Riley's claim that the court's order is overbroad is likewise without merit. *588 While it is true that a restriction that imposes limitations on a person's constitutional rights must closely tailor those limitations to the purpose of the condition to avoid being invalidated as unconstitutionally overbroad ( In re Sheena K. , supra , 40 Cal.4th at p. 890 , 55 Cal.Rptr.3d 716 , 153 P.3d 282 ), we conclude the court's order is narrowly tailored given the specific circumstances of this case.

2018Riley's claim that the court's order is overbroad is likewise without merit. *588 While it is true that a restriction that imposes limitations on a person's constitutional rights must closely tailor those limitations to the purpose of the condition to avoid being invalidated as unconstitutionally overbroad ( In re Sheena K. , supra , 40 Cal.4th at p. 890 , 55 Cal.Rptr.3d 716 , 153 P.3d 282 ), we conclude the court's order is narrowly tailored given the specific circumstances of this case.

2015(People v. Riley (Feb. 8, 2013) D059840) [nonpub. opn.] (Riley I).) In rejecting one of Riley's claims of error, this court followed People v. Diaz (2011) 51 Cal.4th 84 and held the trial court did not err when it denied Riley's motion to suppress evidence obtained from a warrantless search of the contents of his cell phone seized when he was arrested.

2013(Riley, supra, 487 U.S. at p. 798 .) Crucial to Riley’s analysis, however, was the high court’s observation that the required disclosure was “inextricably intertwined with otherwise fully protected speech,” namely, the advocacy and persuasive speech characteristic of charitable solicitations.

2009Fund v. Riley (1937) 9 Cal.2d 126 , 134—136 [ 69 P.2d 985 ] (Riley) and its progeny held “the state is prohibited from using ‘independent contractors’ except in narrow, exceptional situations.” (Professional Engineers, supra, 15 Cal.4th at p. 563 .) In rejecting Caltrans’s invitation to disapprove and overrule Riley , the Supreme Court explained: “As an analytical matter, Riley’s rule seems appropriate to assure that the state civil service is not neglected, diminished, or destroyed through routine appointments to ‘independent contractors’ made solely on the basis of political considerations o

2009Fund v. Riley (1937) 9 Cal.2d 126 , 134—136 [ 69 P.2d 985 ] (Riley) and its progeny held “the state is prohibited from using ‘independent contractors’ except in narrow, exceptional situations.” (Professional Engineers, supra, 15 Cal.4th at p. 563 .) In rejecting Caltrans’s invitation to disapprove and overrule Riley , the Supreme Court explained: “As an analytical matter, Riley’s rule seems appropriate to assure that the state civil service is not neglected, diminished, or destroyed through routine appointments to ‘independent contractors’ made solely on the basis of political considerations o

1997(See Williams, supra, 7 Cal.App.3d at p. 397 [Riley rule “emanates from an implicit necessity for protecting the policy of the organic civil service mandate against dissolution and destruction”]; CSEA, supra, 199 Cal.App.3d at pp. 846-847 [dual purposes of article VII are to promote efficiency and economy in state government, and to eliminate the “ ‘spoils system’ ” of political patronage]; see also Comment, Contracting With the State Without Meeting Civil Service Requirements (1957) 45 Cal.L.Rev. 363, 364 [“The inclusion of independent contractors is of vital importance as it cuts off a wide

1997(See Williams, supra, 7 Cal. App.3d at p. 397 [ Riley rule "emanates from an implicit necessity for protecting the policy of the organic civil service mandate against dissolution and destruction"]; CSEA, supra, 199 Cal. App.3d at pp. 846-847 [dual purposes of article VII are to promote efficiency and economy in state government, and to eliminate the "`spoils system'" of political patronage]; see also Comment, Contracting With the State Without Meeting Civil Service Requirements (1957) 45 Cal.L.Rev. 363, 364 ["The inclusion of independent contractors is of vital importance as it cuts off a wide

1905(Phillips v. Sanger Lumber Co., 130 Cal. 432 , [ 62 Pac. 749 ].) And this view of the case is confirmed by the character of the incorporation—which was that of an incorporated partnership—of which Howard had been the manager and one of the principal partners.