Case law

Untitled California Attorney General Opinion

California Attorney General Reports · Oct 8, 1991

benefits for state employees who are members of the state civil service system. 2. 91-303  Municipal courts are established … While section 395.07 clearly applies to judges (cf. People ex rel. Happell v.

Untitled California Attorney General Opinion

California Attorney General Reports · May 3, 1990

The required number of buildings used for business purposes in a given distance is sufficient for the establishment of a `business district'." (Adrian v. … The portion of highway described in our question would clearly be within a business district, as defined in section 235, because it is more than 300 feet long and the contiguously fronting property on both sides is occupied

Opinion No. (2004)

California Attorney General Reports · Dec 22, 2004

Chapter 3 establishes the commission. Chapter 4 establishes disclosure requirements for candidates' significant financial supporters. Chapter 5 places limitations on campaign spending. … Eu (1976) 18 Cal.3d 371 , 376-378 [spending limits for circulating petition to qualify initiative measure for ballot]; Citizens for Jobs Energy v.

Opinion No. (1998)

California Attorney General Reports · Sep 30, 1998

We qualify this statement because we have been confronted before with positions with impressive titles which we concluded were employments because little power was wielded. … The position of city manager clearly meets the tests of being a public office in that it is established by law, the tenure is permanent and continuing, and the person holding the position is vested with the power to perform

Untitled California Attorney General Opinion

California Attorney General Reports · Dec 1, 1988

With this particular organization established for review of subdivision maps filed with the city, the city recently amended its subdivision ordinance to include the planning director/development director as an "interested … "Using the ordinary or common definition of the word 'interested,' the Director is clearly such a person.

California Attorney General Opinion 24-1002

109 Ops.Cal.Atty.Gen. 1 · California Attorney General Reports · Feb 12, 2026

And it was established in 68 Ops.Cal.Atty.Gen. 337, 350 (1985) that “a district superintendent of schools is a public officer under the incompatibility of public office doctrine.” … here is not to resolve the merits of the proposed action. 31 But we are mindful of the general principle that “the right to hold public office is a fundamental right of citizenship that can be curtailed only if the law clearly

California Attorney General Opinion 24-1002

California Attorney General Reports · Feb 12, 2026

And it was established in 68 Ops.Cal.Atty.Gen. 337, 350 (1985) that “a district superintendent of schools is a public officer under the incompatibility of public office doctrine.” … here is not to resolve the merits of the proposed action. 31 But we are mindful of the general principle that “the right to hold public office is a fundamental right of citizenship that can be curtailed only if the law clearly

Untitled California Attorney General Opinion

California Attorney General Reports · Jul 22, 1992

Thus, "restrictions" that limit or qualify the use or activity in question do not imply the exclusivity as when something is "restricted to" a particular use or activity. (See, e.g., Takahashi v. … Clearly, if the constitutional provision restricted activity to research and management, the argument could be made that sport and commercial fishing would be a part of the restricted use of the reserves, i.e., managed harvest

Opinion No. (2006)

California Attorney General Reports · Dec 1, 2006

of the retirement board of a public pension or retirement system shall diversify the investments of the system so as to minimize the risk of loss and to maximize the rate of return, unless under the circumstances it is clearly … The Board's constitutional responsibility is to ensure that the necessary actuarial evaluation is performed by a well-qualified actuary.

Untitled California Attorney General Opinion

California Attorney General Reports · Nov 2, 1995

While section 8516 clearly contemplates that some extended warranties will include regular inspections (' 8516, subd. … The bill is . . . intended to provide better protection to consumers who enter into control service agreements with structural pest control companies by clearly establishing in statute what requirements must

Untitled California Attorney General Opinion

California Attorney General Reports · Nov 10, 1993

Three "affirmative" votes would call into question Councilmember Bradley's own vote, since the abstention would not so qualify. (See 55 Ops.Cal.Atty.Gen. 26, 29 (1972).) … Civil Code section 22.2, establishing the common law `in all the courts of this State,' appears to address a matter of statewide concern. (See Baggett v.

Untitled California Attorney General Opinion

California Attorney General Reports · Mar 3, 2020

Under any reasonable interpretation of that term, however, a benefits plan offered only to five council members and not to any other city employees would not qualify as a plan that “provide[s] benefits for large numbers of … the unlawful expenditures, but only if they failed to use due care or reasonable diligence in approving the excess benefits.25 Those who received the excessive benefits would be liable to the city for repayment,26 and no immunity

Untitled California Attorney General Opinion

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.

Untitled California Attorney General Opinion

California Attorney General Reports · Jul 29, 1993

If both so qualify, her position as a City commissioner is "deemed . . . vacated" under section 8.103. … However, both the title of Chapter V of the Code of Civil Procedure and section 803 refer to both an office and a franchise, clearly indicating that one does not include the other insofar as those terms

Untitled California Attorney General Opinion

California Attorney General Reports · Apr 7, 1987

In a word it should establish 'good cause' and make out its case. … Clearly, the subjective moral notions of the department itself do not necessarily express or reflect actual public morality.

Untitled California Attorney General Opinion

California Attorney General Reports · May 24, 1990

This qualification, i.e., an established obligation, applies, therefore, to all sources of funding. … As used in another context, the phrase "personal and incidental needs" clearly suggests an amount to be paid to, and not charged against, the recipient.

Untitled California Attorney General Opinion

California Attorney General Reports · Mar 9, 1989

In this regard, the superintendent may, with the approval of the board employ qualified personnel for the coordination of courses of study, guidance services, health services, school library services, special education … PERB's construction of a statutory provision falling squarely within its legislatively designated field of expertise is to be regarded with deference by a court, and will generally be followed unless clearly erroneous.

Untitled California Attorney General Opinion

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.

California Attorney General Opinion 22-802

107 Ops.Cal.Atty.Gen. 20 · California Attorney General Reports · Feb 29, 2024

traditional public schools, such as by “acting as the administrator of the school, appointing the governing body of the school, selecting curriculum, hiring teachers and staff, [and] providing budget and payroll services.” 34 Clearly … This in itself raises a substantial issue as to whether his position qualifies as a “public office” for purposes of an incompatible-office analysis.

Opinion No. (2005)

California Attorney General Reports · Oct 3, 2005

Accordingly, parcel map data maintained in an electronic format by a county assessor does not qualify as a "computer mapping system" under the exemption provisions of section 6254.9. … (f)), and that the public interest served by disclosure would not be "clearly outweighed" by any public interest in nondisclosure (§ 6255).