Case law

Untitled California Attorney General Opinion

California Attorney General Reports · Apr 14, 1988

The recruitment of higher qualified personnel would in turn provide an indirect benefit to participants and beneficiaries of the system. … Any such plan rendering a fiduciary immune from personal financial accountability would be subject to constitutional challenge.

Untitled California Attorney General Opinion

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

Opinion No. (1998)

California Attorney General Reports · Nov 13, 1998

In examining this language of section 810.2 , we apply well established principles of statutory construction. … When the right to exercise complete control is retained, an employer-employee relationship is established.

Opinion No. (2009)

California Attorney General Reports · Jan 9, 2009

The case most often cited as establishing the exception is City of Los Angeles v. … Involuntary indebtedness was clearly the focus of the opinion, and we are not inclined to read it more expansively than that. Cf. All Persons Interested , 152 Cal.

Untitled California Attorney General Opinion

California Attorney General Reports · Dec 22, 1987

Because there is no doubt that the conventional meaning of the term includes persons over 25 years of age, we should deviate from that construction only for compelling reasons-for example, if it can be clearly … established that the Legislature did not intend the word to be understood in its ordinary sense."

Opinion No. (1998)

California Attorney General Reports · Dec 29, 1998

As for the Unruh Act, it gives physically handicapped persons the right to full and equal accommodations and services in business establishments. (Civ. … Code, § 51 ) Appellants do not attempt to explain how it applies here, and in light of its history and express language, it clearly does not.

Untitled California Attorney General Opinion

California Attorney General Reports · Mar 10, 2022

(a) (prescribing sentence for certain felonies to state prison), 2000 (establishing “State prison” for men), 5000 (establishing Department of Corrections and Rehabilitation, Division of Adult Operations), 5003 (providing … Avignone (2017) 16 Cal.App.5th 1233, 1241 [“Under the Realignment Act, qualified persons convicted of nonserious and nonviolent felonies are sentenced to county jail instead of state prison,” internal quotation mark omitted

Untitled California Attorney General Opinion

California Attorney General Reports · Nov 21, 1996

ANALYSIS The Department of Transportation ("Department") has established exclusive use of certain highway lanes for high-occupancy vehicles ("HOV"s). … Does a school bus qualify as a mass-transit vehicle?

Untitled California Attorney General Opinion

California Attorney General Reports · May 5, 1993

It states: "(a) The legislative body of a local agency, subject to conditions as may be established by it, may provide for any health and welfare benefits for the benefit of its … Such administrative interpretation is to be accorded great respect and will be followed by the courts unless clearly erroneous. (Dix v. Superior Court (1991) 53 Cal.3d 442, 460; Noroian v.

Opinion No. (2004)

California Attorney General Reports · Feb 11, 2004

It is well established that the financial interest of one spouse will be attributed to the other spouse for purposes of section 1090. (Thorpe v. … While clearly the governing board may delegate its contractual authority to the district superintendent (Ed.

Untitled California Attorney General Opinion

California Attorney General Reports · Jun 20, 1996

The Act provides minimum standards "designed to accommodate the federal statute in order to qualify for federal aid." (Dean W. Knight & Sons, Inc. v. State of California ex rel. … For purposes of our analysis, we will assume that the sign does not qualify as a temporary political sign because it is not aimed at inducing a particular vote in a scheduled election.

Untitled California Attorney General Opinion

California Attorney General Reports · May 14, 1986

The purpose of the addition of subdivision (b) to section 3084 was clearly expressed in the Legislative Counsel's Digest with respect to Assembly Bill 2107, 1981 Legislature. … mechanic's lien, although section 3154, subdivision (b)(4), of the Civil Code refers to the possibility of such a release.3 or whether for some other reasons which this author may never know, it remains the established

Untitled California Attorney General Opinion

California Attorney General Reports · Nov 19, 1992

Here, the city ordinance establishes city policy vis-a-vis application of the civil provisions of the Act to undocumented aliens within the city. … While ostensibly a question of governmental immunity, [citation] this issue is perhaps `best understood as posing an issue essentially of federal preemption.' [Citation.]

Opinion No. (2010)

California Attorney General Reports · Mar 8, 2010

We assume for purposes of our analysis that all rights of way in question qualify as "land alienated to non-Indians," 56 and that the controlling instruments of conveyance do not reserve for the tribes any specific taxing … The Department's obligation to "improve and maintain the state highways" 59 — activities which are "clearly within the scope of the purpose of the right of way as well as the State's sovereign duty" 60 — do not establish

Untitled California Attorney General Opinion

California Attorney General Reports · May 19, 1993

Section 7285 requires that a county's transactions and use tax ordinance be "approved by a majority vote of the qualified voters of the county voting in an election on the issue." … electorate under procedures established by the Legislature. 3 In 73 Op. Cal. Atty.

Untitled California Attorney General Opinion

California Attorney General Reports · Dec 31, 1998

Based upon the foregoing analysis of lotteries and banking games, the court had little difficulty in determining that CSL Keno was an illegal banking game: “This scheme is clearly a banking game, with CSL acting … Given these factors, the basic structure of Super Lotto qualifies as a “lottery.”

Untitled California Attorney General Opinion

California Attorney General Reports · Sep 29, 1987

Regulation 6926 states in part: "'Very low income households' means persons and families whose gross incomes do not exceed the qualifying limits for very low income families established and … The qualifying limits are set forth in Section 6932.

Opinion No. (2005)

California Attorney General Reports · Dec 22, 2005

Section 53055 requires the establishment of various customer service standards: "Each cable television operator or video provider in the state shall establish customer service standards. … "(d) All video providers shall have knowledgeable, qualified company representatives available to respond to customer telephone inquiries Monday to Friday, inclusive, excluding holidays, during normal business hours.

Untitled California Attorney General Opinion

California Attorney General Reports · Nov 21, 1996

Such is clearly the case here. … . . . not clearly fixed" (Webster's Third New Internat.

Opinion No. (2010)

California Attorney General Reports · Dec 20, 2010

in mind" 35 when it established and modified the scope of article 8. … "To overcome the presumption the two acts must be irreconcilable, clearly repugnant, and so inconsistent that the two cannot have concurrent operation.