Case law

Untitled California Attorney General Opinion

California Attorney General Reports · Apr 20, 1988

"(d) Notwithstanding subdivision (a), there is authorized the establishment of a California State Lottery. [Added Nov. 6, 1984.] … The game consisted of a regular bingo game, preceded by a small ring toss phase to qualify those who would play the bingo game, and followed by large ring toss to qualify the bingo winner for the prize.

Untitled California Attorney General Opinion

California Attorney General Reports · Mar 26, 1992

Instead, as established by the criminal charge in question, the Board member here submitted a false claim "with intent to defraud." … Because the victim of this crime of moral turpitude is the public, the very party whom the public officer was elected to represent, a violation of duties owed to the public is clearly involved.

Untitled California Attorney General Opinion

California Attorney General Reports · May 21, 1993

Article 2, section 11 reserves similar powers to the local electorate under procedures established by the Legislature. … First, as already noted, the broad language in Geiger on which the Court of Appeal relied was clearly dictum, because in Geiger there was no statutory provision that purported to authorize the use of the referendum against

Untitled California Attorney General Opinion

California Attorney General Reports · Apr 20, 1993

To withstand an Establishment Clause challenge, the statute must have a clearly secular legislative purpose, its principal or primary effect must neither advance nor inhibit religion, and the statute must not foster excessive … Under Article XVI, section 5, the fact that a statute has some identifiable secular objective will not immunize it from further analysis to ascertain whether it also has the direct, immediate, and substantial affect of advancing

Untitled California Attorney General Opinion

California Attorney General Reports · Jul 10, 1986

Even when sufficient reliance has been established, estoppel will not operate to defeat the effective operation of a policy adopted to protect the public. (Strong v. … It cannot be invoked where the grant of express powers clearly excludes the exercise of others, or where the claimed power is incompatible with, or outside the scope of, the express powers.

Untitled California Attorney General Opinion

California Attorney General Reports · Nov 2, 2021

Act, 5 which exempts them from many laws governing traditional school districts. 6 Our Supreme Court has explained that the Charter Schools Act “is intended to allow ‘teachers, parents, pupils, and community members to establish … We do not doubt that there may be some circumstances in which a charter school’s executive director will qualify as a public officer.

Untitled California Attorney General Opinion

California Attorney General Reports · Nov 2, 2021

Act, 5 which exempts them from many laws governing traditional school districts. 6 Our Supreme Court has explained that the Charter Schools Act “is intended to allow ‘teachers, parents, pupils, and community members to establish … We do not doubt that there may be some circumstances in which a charter school’s executive director will qualify as a public officer.

Untitled California Attorney General Opinion

California Attorney General Reports · Jan 18, 1990

a minimum wage higher than the minimum wage established under this chapter . . ." … Those things which, though not evil in themselves, if practiced by those not adequately trained therein by education and experience, or by those not morally qualified or of sufficient age or discretion, may

Untitled California Attorney General Opinion

California Attorney General Reports · Dec 12, 2017

Legislature has not expressly repealed a statute, a court will find an implied repeal “only where there is no rational basis for harmonizing the two potentially conflicting statutes, and the statutes are irreconcilable, clearly … freehold” is an estate of “indeterminate duration, and carries with it title to land.”35 The California Supreme Court has described “title” as the “complete ownership, in the sense of all the rights, privileges, powers and immunities

Untitled California Attorney General Opinion

California Attorney General Reports · Oct 26, 1989

Primary consideration must be given to maintaining safety for motorists and officers with proper lighting, warning signs and clearly identifiable official vehicles and personnel. D. … The quantity of the breath sample shall be established by direct volumetric measurement.

Untitled California Attorney General Opinion

California Attorney General Reports · Jun 2, 1987

To "know" the existence of a fact is "to have perception, cognition, or understanding of" or "to recognize the quality of, see clearly the character of, discern." (Webster's, supra, p. 1252; see People v. … Obviously not if the purpose of the inquiry is to determine whether he is qualified to take the witness stand and swear that the instrument is false; but if he passes the bill as genuine he will be uttering

Untitled California Attorney General Opinion

California Attorney General Reports · May 16, 1986

The electorate have a right to expect that he will serve unless he voluntarily resigns from office or is removed from office under clearly established procedures for removal (e.g., recall by the electorate … Redhail (1978) 434 U.S. 374 firmly establishing a constitutional right to marriage.)

Untitled California Attorney General Opinion

California Attorney General Reports · Jun 7, 1995

The Legislature has further found that "[t]he best hope of stemming the spread of the AIDS virus among the general public is the development of an AIDS vaccine to develop an immunity to exposure." (' 199.45, subd. … Heath, supra, 207 Cal.App.3d at 901, where the Pena court's confusion of the defenses of duress and necessity was found to be "clearly incorrect," and in People v.

Untitled California Attorney General Opinion

California Attorney General Reports · Apr 4, 2019

Code, § 19999.2 (establishing state deferred compensation plan to satisfy 26 U.S.C. § 3212(b)(7)(F) for state employees who are not members of CalPERS). 13 See, e.g., Wat. … Not all water-district enabling statutes expressly authorize the provision of retirement contributions for “directors”; some authorize retirement contributions for “officers and employees,” without clearly identifying directors

Untitled California Attorney General Opinion

California Attorney General Reports · Oct 24, 1989

Association does not receive general fund revenue from the City and County of San Francisco, but it does receive a grant award as a non-profit private entity from the latter's Publicity and Advertising Fund which is established … shall state, if known, the name of the minor, his whereabouts and the character and extent of the injuries. [¶][¶] No person shall incur 8. 89-601 clearly

Untitled California Attorney General Opinion

California Attorney General Reports · Oct 6, 1992

Clearly, the state has a "compelling interest" to educate and train its students. … the administrative search doctrine are invalid absent "qualified consent" to the search.

Untitled California Attorney General Opinion

California Attorney General Reports · Apr 1, 1987

The operating agreement permitted and permits the corporation to adopt an annual budget, establish rules, regulations, rates and charges for the operation of the Coliseum complex. … Noting that a public body may not delegate its powers of control over public affairs, the court nonetheless held that the operating agreement was a lawful delegation of county functions stating: "Clearly, the

Opinion No. (2006)

California Attorney General Reports · Sep 20, 2006

In addressing the question presented, we apply well established principles of statutory construction. "When interpreting a statute our primary task is to determine the Legislature's intent. … This subdivision thus incorporates other prohibitions established by law. (See CBS, Inc. v. Block, supra, 42 Cal.3d at p. 656 ; City of Hemet v.

Untitled California Attorney General Opinion

California Attorney General Reports · Jul 26, 1990

Pallan was not qualified to serve as Commissioner because he did not reside within the territorial jurisdiction of the District as required by section 45244 of the Education Code. … If he was not a resident of the District at that time, then the question of his continuing residency thereafter would then of course be moot and need not be answered: Since section 45244 clearly requires Mr.

Untitled California Attorney General Opinion

California Attorney General Reports · Sep 26, 1990

It clearly prohibits the operation of a golf cart on any highway except in a speed zone of 25 miles per hour or less. We saw how that prohibition would apply to local streets and highways. … That would then permit the street to qualify for designation as a combined use highway.