Case law

Opinion No. (2008)

California Attorney General Reports · May 19, 2008

The Copley court qualified its disagreement, however, by stating that the seemingly categorical assertion in New York Times was incorrect "at least insofar as it applies to disciplinary matters like the one at issue here. … Penal Code section 832.5 establishes a procedure for citizens to lodge complaints against peace officers. 12 Pen. Code § 832.8 (e). 13 Pen. Code § 832.8 (a). 14 Pen. Code § 832.8 (f). 15 52 Cal.

Untitled California Attorney General Opinion

California Attorney General Reports · Jan 27, 1995

In any case, it is clearly "an agency of the state for the local performance of governmental or proprietary function within limited boundaries." (' 53090, subd. (a).) … primary drinking water standards which are at least as stringent as those established under the federal Safe Drinking Water Act, and to establish a program under this chapter which is more protective

Opinion No. (1999)

California Attorney General Reports · Nov 16, 1999

[W]e hold that, to justify court intervention, the abuse of discretion by the Attorney General in refusing the requested leave must be extreme and clearly indefensible. … No such usurping of franchise rights pertains to the Commission as a whole, which has been legally established by the Legislature. The Commission consists of 14 individual offices.

California Attorney General Opinion 23-901

107 Ops.Cal.Atty.Gen. 79 · California Attorney General Reports · May 22, 2024

His re-appointment application indicated that he was qualified to serve on the Board as the agent of Temecula resident and land owner Raymond Stann. … As set forth above, the Public Resources Code establishes a requirement that a board of supervisors “shall appoint directors . . . from those candidates who have filed an application with the board of supervisors, as prescribed

Untitled California Attorney General Opinion

California Attorney General Reports · Aug 30, 1993

This was an important transaction requiring specialized skill, and defendant clearly was not qualified to undertake it. His conduct was not only negligent but was also highly improper. … Such conduct should be discouraged and not protected by immunity from civil liability, as would be the case if plaintiff, the only person who suffered a loss, were denied a right of action."

Untitled California Attorney General Opinion

California Attorney General Reports · Jul 27, 1995

giving or lending, of the credit of the State, or of any county, city and county, city, township or other political corporation or subdivision of the State now existing, or that may be hereafter established … district, shall incur any indebtedness or liability in any manner or for any purpose exceeding in any year the income and revenue provided for such year, without the assent of two-thirds of the qualified

Opinion No. (1997)

California Attorney General Reports · Jan 3, 1997

"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. … A facility operated in conjunction with a weekly CFM does not qualify under this administrative interpretation.

Opinion No. (2005)

California Attorney General Reports · Apr 7, 2005

In this case, we believe that the express power to place a bond measure on the ballot when the district board finds it advisable to do so clearly implies that the board has the power to make reasonable expenditures for the … , the action is not taken to attempt to influence voters either to qualify or to pass an initiative measure; there is as yet nothing to proceed to either of those stages.

Opinion No. (2000)

California Attorney General Reports · Aug 2, 2000

Such plans may be established for the officers and employees of local governments under the provisions of section 53213 , subdivision (a): "Each local agency may establish for its officers and employees a deferred compensation … The legislative history of the 1996 federal legislation clearly establishes its purpose: "Present Law "Until deferrals under a section 457 plan are made available to a plan participant, such amounts deferred, all property

Untitled California Attorney General Opinion

California Attorney General Reports · Apr 11, 1990

"(a) Personal services contracting is permissible to achieve cost savings when all the following conditions are met: "(1) The contracting agency clearly demonstrates that the proposed contract … Since we are to assume the existence of civil service employees who are available and qualified to provide professional, technical, and related consultation and services in connection with the establishment and maintenance

Untitled California Attorney General Opinion

California Attorney General Reports · Jun 2, 1987

immunity from liability shall be provided for public entities and emergency rescue personnel providing emergency services." … However, the section specifically provides also that the immunity applies when "acting within the scope of their employment." (Subdiv. (b).)

Untitled California Attorney General Opinion

California Attorney General Reports · Jul 27, 1993

Section 1450 provides: "A voter, who qualifies under the provisions of this chapter, shall be entitled to become a permanent absent voter." … Our interpretation of the provisions of sections 1451 and 1452 may be guided be several well-established rules of statutory construction.

Opinion No. (2001)

California Attorney General Reports · Apr 9, 2001

Disclosing the common residence addresses may help ensure that this statutory right is being exercised by those qualified under the legislative requirements. … When the domestic partnership registry was established, we note the lack of any mention of a need for confidentiality in the legislative materials regarding the enactment of Family Code sections 297 - 299.6 .

Opinion No. (1998)

California Attorney General Reports · Dec 31, 1998

Given these factors, the basic structure of Super Lotto qualifies as a "lottery." … Because a maximum number of possible winners is not a pre-established part of the game's architecture, CSL's participation in the game prevents Daily 3 from qualifying as a lottery. 7 3.

Untitled California Attorney General Opinion

California Attorney General Reports · Aug 31, 1994

In addition, it is apparent that abstinence-based sex education is the subject of established legislative policy. … In our view, this statutory language "clearly evidences an intent to set an inflexible standard or insure immutable provisions" so as to preclude negotiability on the subject. (See San Mateo City School District v.

Opinion No. (2006)

California Attorney General Reports · Jun 21, 2006

statute, the contemporaneous administrative construction of [an] enactment by those charged with its enforcement . . . is entitled to great weight, and courts generally will not depart from such construction unless it is clearly … a claim under subdivision (a)(3) of section 11711, it could establish a claim under subdivision (a)(1) or (a)(2) if additional facts specified in these provisions were present.

Untitled California Attorney General Opinion

California Attorney General Reports · Dec 7, 1988

construction of school facilities that are financed otherwise. (§ 17723.)5 For example, in both situations, the Department of Education advises the governing boards of school districts on the acquisition of school sites, establishes … For similar reasons, the realities of Lease-Purchase Law construction undercut the justification to clothe the activity with the state's immunity from local regulation.

Opinion No. (2005)

California Attorney General Reports · Jun 8, 2005

If a current employment relationship could qualify under this subdivision, the other conditions specified in subdivisions (b)(2) and (b)(3) of the statute could easily be rendered meaningless, depending upon the circumstances … The principal purpose of such districts is to establish, maintain, and operate healthcare facilities. (See Health Saf. Code, §§ 32121 , 32125 ; Talley v. Northern San Diego Hosp.

Untitled California Attorney General Opinion

California Attorney General Reports · Nov 16, 1999

[W]e hold that, to justify court intervention, the abuse of discretion by the Attorney General in refusing the requested leave must be extreme and clearly indefensible. … Likewise, the first three “political attorneys” who qualified would be exempt from such an action.

Untitled California Attorney General Opinion

California Attorney General Reports · Mar 30, 1988

Other sections of the Revenue and Taxation Code indicate that when the Legislature wished to exclude certain entities from an exemption from taxation, it has clearly done so. … This statutory presumption would be rebutted by establishing that the hospital was organized or operated for profit, e.g., by showing that its articles of incorporation provide for the payment of profits to shareholders as