# Hoyt v. Board of Civil Service Commissioners

> California Supreme Court · December 23, 1942 · 21 Cal. 2d 399

URL: https://www.frixlaw.com/law-library/cases/9558539

## Case

- **Full name:** SAMUEL H. HOYT Et Al., Appellants, v. BOARD OF CIVIL SERVICE COMMISSIONERS OF THE CITY OF LOS ANGELES Et Al., Respondents
- **Court:** California Supreme Court
- **Decided:** December 23, 1942
- **Citations:** 21 Cal. 2d 399; 132 P.2d 804; 1942 Cal. LEXIS 464
- **Precedential status:** Published
- **Opinion:** Concurrence by Traynor
- **Judges:** Gibson, Traynor
- **Cited by:** 62 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9558539

## How later opinions describe it (automated extraction)

- 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”
- 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”

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9558539. Public record. Not legal advice.