Opinion

Hoyt v. Board of Civil Service Commissioners

  • 21 Cal. 2d 399
  • 132 P.2d 804
  • 1942 Cal. LEXIS 464
Court
California Supreme Court
Filed
Dec 23, 1942
Status
Published
Author
Traynor
On the bench
Gibson, Traynor
Cited by
62 cases
Authority
More cited than 5.6%

stating “no invasion of sovereignty is involved. ... The present action for declaratory relief was instituted to obtain an interpretation of the Los Angeles Charter and does not impose liability of any kind upon the city”

How later courts described this case

  • stating “no invasion of sovereignty is involved. ... The present action for declaratory relief was instituted to obtain an interpretation of the Los Angeles Charter and does not impose liability of any kind upon the city”

Written by the judges who cited it.

The opinion

TRAYNOR, J.

— I concur in the judgment. In my opinion the applicability of an act of the legislature to the state or its political subdivisions presents a question in each case of legislative intent rather than infringement of sovereignty. (State of California v. Marin Municipal Water District, 17 Cal.2d 699, 704 [ 111 P.2d 651 ].) In determining that intent, there is, as the court stated in Georgia v. Evans, 316 U.S. 159 [ 62 S.Ct. 972 , 86 L.Ed. 1346 ], no hard and fast rule but there are several aids to construction. The significant facts that are aids to construction in the present ease are: under state statutes and the charter of the city of Los Angeles the city can sue and be sued in eases of this kind in ordinary actions in law or equity subject to the provisions of the Code of Civil Procedure governing such actions; no charter or other provision expressly or impliedly' precludes the determination of issues such as those here involved under the declaratory judgment procedure provided in section 1060 of that code; the numerous cases in which declaratory relief has been invoked by and against municipal corporations have established a practice that must be given great weight in the interpretation of the act.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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