A Trial Court Misinterpreted the ‘Germane to a Common Theme or Purpose’ Test in Holding That Prop. 22 Violated the Single-Subject Rule

The Recorder

By: Steven G. Churchwell

Proposition 22 passed 59% to 41% in November 2020, and classified most app-based drivers as independent contractors. A trial court in Alameda County recently invalidated the initiative measure, citing three grounds. (Castellanos v. State of California, No. RG21088725.) This commentary will discuss why the court’s reasoning supporting one of those grounds—a violation of the “single-subject” rule—appears to run counter to precedent in that area.

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