Opinion

Oliva v. Swoap

  • 59 Cal. App. 3d 130
  • 130 Cal. Rptr. 411
  • 1976 Cal. App. LEXIS 1617
Court
California Court of Appeal
Filed
Jun 15, 1976
Status
Published
Author
Friedman
On the bench
Friedman, Puglia
Cited by
16 cases
Authority
More cited than 9.2%

The opinion

FRIEDMAN, J.

I concur. I am not convinced that the court’s syntactical analysis of section 11004, subdivision (c), reflects the Legislature’s objective. The statute’s phraseology is ambiguous; has been on the books during a decade of welfare controversy; has engendered uncertainty and upset affecting administrators and recipients; has stimulated incessant lawsuits and judicial involvement; has never stimulated legislative clarification. The interpretation sought by plaintiffs is no better than that asserted by the department. I would sustain the department’s regulation on the theory that it represents one of several available interpretations of a murky statute. (Ralphs Grocery Co. v. Reimel 69 Cal.2d 172, 176 [ 70 Cal.Rptr. 407 , 444 P.2d 79 ].)

A petition for a rehearing was denied July 9, 1976, and respondents’ petition for a hearing by the Supreme Court was denied August 26, 1976. Tobriner, J., and Mosk, J., were of the opinion that the petition should be granted.

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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