Case law

California Attorney General Opinion 24-1101

California Attorney General Reports · May 20, 2026

The request before us nevertheless asks us to consider whether privately owned public water systems also qualify for the section 53091 immunity from local building and zoning regulations. … (a) (“A municipal corporation may establish, purchase, and operate public works to furnish its inhabitants with . . . water”) (emphasis added); see Jones v.

Opinion No. (2006)

California Attorney General Reports · May 19, 2006

(b) [immunity of newsperson from contempt]; Code Civ. Proc., § 1986.1 [immunity for testimony given by journalist under subpoena]; Evid. … Code, § 1070 [immunity of newsperson from contempt]; see also §§ 6020-6027 [establishing standing as newspaper of general circulation].)

Opinion No. (1998)

California Attorney General Reports · Nov 16, 1998

In analyzing the relevant statutory provisions regarding these two issues, we are guided by several well established principles of statutory construction. … "Assembly Bill No. 555, patterned after Civil Code section 846 , sought to give a public entity and its employees specific qualified immunity from liability for injuries due to defined `hazardous recreational activity" on

Opinion No. (2005)

California Attorney General Reports · Jun 1, 2005

The Legislature has enacted two statutes granting immunity from liability for hospital peer review committee members. … All of the inducements described in section 32121.3 are intended to attract qualified physicians to practice in the community.

Opinion No. (2010)

California Attorney General Reports · Sep 9, 2010

viewed as obtaining samples on behalf of the DNA Database Program, the Act itself provides immunity from civil liability to persons who are authorized to take samples and who do so within professional standards. 60 As for … For these reasons, a would-be plaintiff could not establish a civil cause of action.

Opinion No. (2004)

California Attorney General Reports · Apr 28, 2004

testimony as an expert witness in a medical malpractice suit, whether on behalf of the plaintiff or the defendant, concerning the applicable standard of medical care and whether the defendant has breached that standard would clearly … Preliminarily, we note that the litigation privilege of Civil Code section 47 , subdivision (b)(2), would not provide immunity from possible discipline by the Board. As the court in Budwin v.

Untitled California Attorney General Opinion

California Attorney General Reports · Sep 29, 2022

immunity: a non-mandated reporter is immune from civil or 8 Cal. … Jan. 1, 2020 (adding a “qualified autism service provider, a qualified autism service professional, or a qualified autism service paraprofessional,” as defined). 40 Dyna-Med, supra, 43 Cal.3d at p. 1392 (we are to avoid

Untitled California Attorney General Opinion

California Attorney General Reports · Sep 29, 2022

immunity: a non-mandated reporter is immune from civil or 8 Cal. … Jan. 1, 2020 (adding a “qualified autism service provider, a qualified autism service professional, or a qualified autism service paraprofessional,” as defined). 40 Dyna-Med, supra, 43 Cal.3d at p. 1392 (we are to avoid

Opinion No. (2010)

California Attorney General Reports · Jul 19, 2010

Business and Professions Code section 16102 exempts qualified veterans from any fees or taxes that must ordinarily be paid to obtain business licenses to engage in those enumerated activities. section 16102 does not establish … listed, and to ensure that such licenses be provided to qualified veterans without cost. section 16102 does not establish a general exemption from taxes, and it has no effect upon taxes levied pursuant to the state Sales

Untitled California Attorney General Opinion

California Attorney General Reports · Dec 19, 2023

United States (1997) 521 U.S. 898, 935); see also Qualified Patients Assn. v. … The dissent reasoned that the majority’s view “leads to absurd results” because officers would not receive immunity in cases where section 885(d) was clearly intended to apply—such as “when a law enforcement officer provides

Untitled California Attorney General Opinion

California Attorney General Reports · Nov 3, 1988

However, the authority to transmit such orders is qualified by the words "in the institutional setting." … "(c) The performance of skin tests, immunization techniques, and the withdrawal of human blood from veins and arteries.

California Attorney General Opinion 25-102

California Attorney General Reports · May 28, 2026

To engage in these activities, an entity must obtain and maintain a license from the California Department of Cannabis Control and comply with MAUCRSA. 18 That Act “establish[es] a comprehensive system to control and regulate … (See Qualified Patients Assn. v. City of Anaheim (2010) 187 Cal.App.4th 734; Kirby v. Cnty. of Fresno (2015) 242 Cal.App.4th 940; City of Garden Grove v. Superior Ct. (2007) 157 Cal.App.4th 355.) 25 Bus. & Prof.

Untitled California Attorney General Opinion

California Attorney General Reports · Feb 3, 2022

other Good Samaritan statutes, and would undermine the well-established common law principle that although people have no duty to act, when they do act they must do so with due care. 30 After the Van Horn decision … immunity for medical licensees providing emergency care at the scene of an emergency), 2396 (defining immunity for medical licensees when complications arise from care provided by another licensee), 2397 (defining immunity

Untitled California Attorney General Opinion

California Attorney General Reports · Jun 4, 1992

even if the latter are immune." … Investing to provide revenue for the operation of the University was not enough to establish an educational purpose.3 3 In Laurel Heights Improvement Ass'n. v.

Untitled California Attorney General Opinion

California Attorney General Reports · Nov 16, 1998

In analyzing the relevant statutory provisions regarding these two issues, we are guided by several well established principles of statutory construction. … "Assembly Bill No. 555, patterned after Civil Code section 846, sought to give a public entity and its employees specific qualified immunity from liability for injuries due to defined 'hazardous

Opinion No. (2002)

California Attorney General Reports · Jul 3, 2002

concluded: "The concept of practicing medicine under the California licensing laws is very broad, and any activity customarily performed by a licensed practitioner, such as diagnosis, treatment, or prescribing medications qualifies … caused or created. 3 Section 2038 defines "diagnosis" for purposes of the Medical Practice Act as including "any undertaking by any method, device, or procedure whatsoever, and whether gratuitous or not, to ascertain or establish

Opinion No. (2002)

California Attorney General Reports · Aug 29, 2002

Similarly, section 7121.5, which applies to "qualifying individuals, " 3 provides: "Any person who was the qualifying individual on a revoked license, or of a license under suspension, or of a license that was not renewed … "Unless unreasonable, or clearly contrary to the statutory language or purpose, the consistent construction of a statute by an agency charged with responsibility for its implementation is entitled to great deference."

Untitled California Attorney General Opinion

California Attorney General Reports · Jun 29, 1989

Inasmuch as the board is clearly not required to impose such a duty, we perceive no barrier to its imposition subject to condition or limitation. … (Compare, e.g., governmental purposes declared in sections 4531 and 7081 with attendant preferred classes established in sections 4533 and 7095, respectively.)

Opinion No. (2002)

California Attorney General Reports · May 9, 2002

It behooves districts to establish as fair and equitable a process as possible which results in a representative student population and is communicated clearly to all parents. . . ." (Id. at p. 9.) … If, for example, the school had a neighborhood attendance area, qualified students within the neighborhood could not be displaced by qualified students from outside the neighborhood. (§ 35160.5 , subd. (b)(2)(C).)

Untitled California Attorney General Opinion

California Attorney General Reports · Nov 9, 2023

Missouri’s Three-Tier Alcohol Control System Missouri’s Liquor Control Law establishes a system for regulating the manufacture, distribution, and sale of alcoholic beverages in Missouri. 2 The so-called “three-tier … Stats., § 43.450 (criminal record review, qualified entities). Mo. Rev.