No, the capital loss carryover is only allowed based on CA income from prior years. Use the carryover from your 2022 return.
From the CA instructions:
Line 7 – Capital Gain or (Loss)
Generally, no adjustments are made on this line. California taxes long and short term capital gains as regular income. No special rate for long term capital gains exists. However, the California basis of the assets listed (within this line instructions) may be different from the federal basis due to differences between California and federal laws.
- Capital loss carryover from your 2022 California Schedule D (540NR).
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