“In construing a statute, a court should interpret subsections written in the disjunctive as set- ting out separate and distinct alternatives.”
How later courts described this case
- “In construing a statute, a court should interpret subsections written in the disjunctive as set- ting out separate and distinct alternatives.”
Written by the judges who cited it.
The opinion
NEWMAN, J.
— I dissent. I have not been persuaded by either written or oral argument (1) that “section 453.5 was intended to apply to the instant circumstances” (maj. opn., ante, at p. 847), or (2) that the section superseded other pertinent statutes.
I regret that, because of the court’s overload and ongoing proceedings of the Commission on Judicial Performance, I am not able to allot the hours that would be required to prepare an appropriate dissenting opinion. (Cf. opn. of Sawyer, J., dissenting, in People v. Campbell (1866) 30 Cal. 312, 316 .)