410 | 2023 Cal-Peculiarities ©2023 Seyfarth Shaw LLP www.seyfarth.com 26 The California Transparency in Supply Chains Act: A Resource Guide 2015, https://oag.ca.gov/sites/all/files/agweb/pdfs/sb657/resourceguide.pdf (visited Mar. 18, 2022). 27 Civ. Code § 52.6. 28 Gov’t Code § 12950.3(b)(3). See SB 970, 2018 bill adding Gov’t Code § 12950.3. The requirement does not apply to bed and breakfast inns as defined in Business and Professions Code section 24045.12. 29 AB 2034, a 2018 bill amending Civ. Code § 52.6 to add subdivision 52.6(e). 30 Civ. Code § 52.6(f)(1)-(6). 31 Civ. Code § 52.6(g)(2). 32 Civ. Code § 52.6(h). 33 Lab. Code § 2929. 34 Fam. Code § 5290. 35 Code Civ. Proc. §§ 706.011, 706.050. 36 Publicly held corporations constitute a subset of publicly traded corporations, and have shares listed on the New York Stock Exchange, the NASDAQ or the NYSE American (formerly known as the American Stock Exchange or AMEX). See California Secretary of State, Women on Boards, Frequently Asked Questions, https://www.sos.ca.gov/business-programs/women-boards/frequent (visited May. 2, 2022). 37 Corp. Code §§ 301.3, 2115.5. 38 Corp. Code § 301(b)(1)-(3). If the number of directors is four or fewer, the corporation must have at least one female director. If the number of directors is five, the corporation must have at least two female directors. If the corporation has six or more directors, the corporation must have at least three female directors. 39 SB 979, 2020 bill amending Corp. Code § 301.3 and adding Corp. Code § 301.4. 40 https://bpd.cdn.sos.ca.gov/div-on-boards/dob-report-2022.pdf (visited May 26, 2022). 41 SB 826, 2018 bill adding Corp. Code §§ 301.3, 2115.5. 42 Crest v. Padilla, No. 20 STCV 37513 (Los Angeles Sup. Ct. April 1, 2022) (Judge Terry A. Green) (granting an injunction against the corporate board diversity law with respect to its quotas for “underrepresented communities”). 43 Crest v. Padilla, No. 19 STCV 27561 (May 13, 2022) (Judge Maureen Duffy-Lewis) (Corp. Code § 301.3, requiring publicly listed California corporations to have women on their boards, violates the Equal Protection Clause of the California Constitution). The two Crest v. Padilla decisions have the same name because they both were brought by the same plaintiff against the same defendant (then-California Attorney General Alex Padilla), with a 2019 filing challenging the gender quota and a 2020 filing challenging the “underrepresented communities” quota). 44 Crest v. Padilla, No. B322276 (Cal. Ct. App. Dec. 1, 2022); Crest v. Padilla, No. B321726 (Cal. Ct. App. Dec. 1, 2022). 45 Id. 46 Alliance for Fair Board Recruitment v. Weber, No. 2:21-CV-01951-JAM-AC, WL 3481146, **2-3 (E.D. Cal. May 16, 2023) (citing Regents of Univ. of California v. Bakke, 438 U.S. 265, 307 (1978)). 47 The Act originally was set to become effective on January 1, 2023. However, on August 31, 2021, Governor Newsom signed SB 26, which made the Act effective the following day, September 1, 2021. 48 SB 206, 2019 bill adding Educ. Code § 67456; AB 1518, 2019 bill amending Bus. & Prof. Code §§ 18895.2, 18897.6, 18897.73 and adding Bus. & Prof. Code § 18897.74; SB 26, 2021 bill amending Educ. Code § 67456.
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