Case law

Untitled California Attorney General Opinion

California Attorney General Reports · Mar 11, 1987

Section 1090 Since the proposal to the school board may concern a contract, the provisions of section 1090 require examination. (See People v. Watson (1971) 15 Cal. App. 3d 28, 34, fn. 1; People v. … (See Citizen Advocates, Inc. v. Board of Supervisors (1983) 146 Cal. App. 3d 171, 178-179; Frazer-Yamor Agency, Inc. v. Del Norte County (1977) 68 Cal. App. 3d 201, 217-218.)

Untitled California Attorney General Opinion

California Attorney General Reports · Jul 6, 1990

Board of Education (1974) 40 Cal.App.3d 445, 455; Main v. Claremont Unified School Dist. (1958) 161 Cal.App.2d 189, 197-198; Leymel v. Johnson (1930) 105 Cal.App. 694, 699-703.) … This prohibition would clearly prevent a school board member from becoming a teacher in the same district. (See Thomson v. Call (1985) 38 Cal.3d 633, 645; Neilsen v.

Untitled California Attorney General Opinion

California Attorney General Reports · Nov 21, 1997

(Industrial Indemnity Co. v. City any County of San Francisco (1990) 218 Cal.App.3d 999, 1008.) … (Dyna-Med, Inc. v. Fair Employment & Housing Com. (1987) 43 Cal.3d 1379, 1386-1387.)

Opinion No. (1999)

California Attorney General Reports · Mar 10, 1999

(a); State Bd. of Equalization v. Board of Supervisors (1980) 105 Cal.App.3d 813 , 822-823.)" Here, the Legislature has enacted section 423.4 pursuant to the mandate of section 8 of article XIII of the Constitution. … (See McClelland v. Board of Supervisors (1947) 20 Cal.2d 124 , 129 .) Finally, we note the following principles of statutory construction set forth in People v.

Opinion No. (1997)

California Attorney General Reports · Sep 29, 1997

It is proper for him to refuse payment of a warrant even though signed by the proper officers if he feels the expenditure is an illegal one ( Hodges v. Kauffman , 95 Cal.App. 598 , 600-601 ; Berka v. … charged with that duty [citations]." ( Hodges v.

Opinion No. (1997)

California Attorney General Reports · Jun 16, 1997

In Municipal Court v. … Nevertheless, it has been suggested that the court's decision in Municipal Court v.

Untitled California Attorney General Opinion

California Attorney General Reports · Dec 22, 1987

(Blotter v. Farrell (1954) 42 Cal.2d 804, 811; see also City of Sausalito v. County of Marin (1970) 12 Cal.App.3d 550, 563-564; United Milk Producers v. Cecil (1941) 47 Cal.App.3d 758, 765. … (See also Otis v.

Opinion No. (2004)

California Attorney General Reports · Sep 9, 2004

(Select Base Materials v. Board of Equal. (1959) 51 Cal.2d 640 , 645 .) In seeking the Legislature's intent, we look first to the words used in the statute itself (California Teachers Assn. v. … Resources Code, § 48651 ; Safer v. Superior Court (1975) 15 Cal.3d 230 , 237-238 ; Board of Trustees v. Judge (1975) 50 Cal.App.3d 920 , 927 .)

Untitled California Attorney General Opinion

California Attorney General Reports · Jan 21, 2022

(e)(2). 16 Tuolumne Jobs & Small Business Alliance v. Superior Court (2014) 59 Cal.4th 1029, 1037. 17 Ed. Code, § 42127.6, subd. (e)(2). 18 Ibid. … (g). 20 Sierra Club v.

Opinion No. (2004)

California Attorney General Reports · Apr 29, 2004

Here, it is proposed that specified county officers would become the members of the board of supervisors during a state of emergency and "[p]roceed to perform [the board's] functions in the preservation of law and order and … Chapman v. Rapsey, supra , 16 Cal.2d at p. 642 ; People ex rel. Deputy Sheriffs' Assn. v.

Untitled California Attorney General Opinion

California Attorney General Reports · Jul 8, 1996

Chapman v. Rapsey (1940) 16 Cal.2d 636, 644), precludes a county planning commissioner from serving simultaneously as a member of a board of education. … The county board of education, when establishing and maintaining community schools, may invalidate county zoning ordinances. (Ed. Code, '' 1984, 53094; People ex rel. Cooper v.

Untitled California Attorney General Opinion

California Attorney General Reports · Mar 9, 1989

Code, § 3540.1(k); Southern Alameda County Teachers Assn. v. Alameda County Board of Education, etc., PERB dec. no. 323 (June 30, 1983).) … (Highland Ranch v.

Untitled California Attorney General Opinion

California Attorney General Reports · Aug 8, 1993

(See, e.g., CBS, Inc. v. Block (1986) 43 Cal.3d 646; American Civil Liberties Union Foundation v. Deukmejian (1982) 32 Cal.3d 440; New York Times Co. v. … (CBS, Inc. v. Block, supra, 42 Cal.3d at 656; San Gabriel Tribune v. Superior Court (1983) 143 Cal.App.3d 762, 775.)

Opinion No. (2000)

California Attorney General Reports · Mar 14, 2000

principle that any ambiguity in a provision calling for the forfeiture of an existing office, and disqualification from holding public office, should be resolved in favor of continued eligibility (Helena Rubenstein Internat. v. … leave to sue in quo warranto is DENIED. 1 Undesignated section numbers hereinafter are to the Government Code. 2 The second paragraph of the oath required by the Constitution was ruled invalid by the Supreme Court in Vogel v.

Opinion No. (1999)

California Attorney General Reports · Jul 15, 1999

(Thomson v. Call (1985) 38 Cal.3d 633 , 649-650 ; Stigall v. City of Taft, supra, 58 Cal.2d at 569 ; City of Imperial Beach v. … (Thomson v. Call, supra, 38 Cal.3d at 646 .) Significantly, the prohibition of section 1090 is not restricted to the specific officer or board that "makes" the contract.

Untitled California Attorney General Opinion

California Attorney General Reports · Jun 19, 1996

The cost of these benefits is incurred by the retirement system as an entity separate from the county and independently administered by the retirement board. (See Traub v. … Board of Retirement (1983) 34 Cal.3d 793, 798-799; Summerford v. Board of Retirement (1977) 72 Cal.App.3d 128, 132.)

Untitled California Attorney General Opinion

California Attorney General Reports · Jun 23, 1998

In Cumero v. Public Employment Relations Board, supra, 49 Cal.3d at 591, the court stated: ". . . … San Antonio Community College District v. Public Employment Relations Board (1989) 210 Cal.App.3d 178; Santa Monica Community College District v. Public Employment Relations Board (1980) 112 Cal.App.3d 684).

Untitled California Attorney General Opinion

California Attorney General Reports · Feb 18, 1987

Dist. v. Waibel (1934) 2 Cal.App.2d 65, 68; Smith v. Board of Education (1946) 76 Cal.App.2d 662, 667; see also Bender v. Williamsport Area Sch. Dist. … . ___ — status as a school board member does not permit member to "step into the shoes of the board" and invoke its right to appeal; and cf. Carsten v.

Untitled California Attorney General Opinion

California Attorney General Reports · Nov 8, 1999

(Woods v. Young (1991) 53 Cal.3d 315, 323.) … (See California Teachers Assn. v.

Untitled California Attorney General Opinion

California Attorney General Reports · May 5, 1999

No. 104 v. … (California Correctional Peace Officers Assn. v. State Personnel Bd. (1995) 10 Cal.4th 1133, 1147; Harris v. Capital Growth Investors XIV (1991) 52 Cal.3d 1142, 1165-1166; Regents of University of California v.