Case law

Untitled California Attorney General Opinion

California Attorney General Reports · Apr 4, 1990

section, 37085, provides that any school district within a junior high school or system of junior high schools maintained by a high school district, may withdraw from the junior high system upon the majority vote of the qualified … While that section concerns the withdrawal of a component district, it nevertheless clearly contemplates the existence of a junior high school program for less than all of the component districts.

Untitled California Attorney General Opinion

California Attorney General Reports · Jul 7, 1990

The court said that the auditorium was built and used for large technical group meetings which did not qualify it as a traditional public forum. … We think the myriad of service establishments falls somewhere in between.

Untitled California Attorney General Opinion

California Attorney General Reports · Dec 17, 1987

We believe that such clearly includes core academic area subjects. (See fns. 6, 7, ante & accompanying text.) … and maintain special classes during the summer vacation period in core academic area subjects and admit pupils to it other than those who are regularly enrolled in its public school system, if it deems them "qualified

Untitled California Attorney General Opinion

California Attorney General Reports · Apr 5, 1989

The PERS board clearly exercises judgment and discretion in administering the provisions of the Public Employees' Retirement Law. (See Phillipson v. Board of Administration (1970) 3 Cal.3d 32, 39; Quintana v. … Examining first the provisions of section 20100 which establish the PERS board, we find that the statute is specifically limited in its authorization of the board's membership.

Untitled California Attorney General Opinion

California Attorney General Reports · Feb 14, 1986

Military service qualifies as prior "public service." (30 Ops.Cal.Atty.Gen. 49 (1957. 2 … added to the section subsequent to 1945, when the deferred retirement provisions were added to the 1937 law; and that, consequently, as originally amended in 1945, the definition of "member" presented a definition which clearly

Untitled California Attorney General Opinion

California Attorney General Reports · Mar 23, 1993

"Any person who is under the age of 18 years when he violates any law of this state or of the United States or any ordinance of any city or county of this state defining crime other than an ordinance establishing … Since a court may rehear a decision respecting detention, fitness, or disposition in delinquency proceedings, the role of the referee is clearly subordinate and within constitutional bounds.8 It is, therefore, concluded that

Opinion No. (2010)

California Attorney General Reports · Feb 18, 2010

In the absence of an express declaration of legislative intent to repeal a statute, a court will find a repeal only when there is no rational basis for harmonizing the two statutes, and the statutes are "irreconcilable, clearly … of a legislative body for actual and necessary expenses incurred in the performance of official duties, then the governing body shall adopt a written policy, in a public meeting, specifying the types of occurrences that qualify

Untitled California Attorney General Opinion

California Attorney General Reports · Oct 19, 2023

The California Legislature did not clearly intend SB 1439 to operate retroactively. … All of these factors support our view that the Legislature did not clearly intend SB 1439 to operate retroactively.

Opinion No. (2007)

California Attorney General Reports · Jul 18, 2007

Among those provisions, the most critical statute requiring our interpretation is section 53201, which provides: (a) The legislative body of a local agency, subject to conditions as may be established by it, may provide for … The term "retired members" refers exclusively to persons "who have qualified for a pension as a result of service to the [local agency]." ( Id. at p. 634; see also 81 Ops.Cal.Atty.Gen., supra, at pp. 219-220 .) 4 The Legislature

Untitled California Attorney General Opinion

California Attorney General Reports · Jan 20, 1988

87-1001 was originally established for such programs." (§ 62003.) … All that we conclude is that competence may be established by other criteria.

Untitled California Attorney General Opinion

California Attorney General Reports · May 2, 1995

Though we were unable to find a case directly so holding, it would seem to follow that Oakland may establish whatever public offices it desires, and establish the qualifications for such offices (see Stahn v … "Clearly, then, there is no requirement imposed by the City of Oakland that the Director of City Planning be a registered civil or professional engineer. . . .

Untitled California Attorney General Opinion

California Attorney General Reports · Jul 18, 1991

Their duties are prescribed by statute and include many duties which are for the public benefit and clearly constitute an exercise of the sovereign power of the state. … As stated in the Bunker Hill case: "The de facto doctrine in sustaining official acts is well established.

California Attorney General Opinion 24-405

California Attorney General Reports · May 15, 2025

certain places, described below, where Congress has the power to exercise “exclusive Legislation in all Cases whatsoever.” 4 If a property qualifies as a “federal enclave,” then “federal jurisdiction is exclusive of all … The California Supreme Court has observed that, “since self-preservation is the first law of nations and states, as well as of individuals, it will not be presumed, in the absence of clearly expressed intent, that the state

Untitled California Attorney General Opinion

California Attorney General Reports · Jul 27, 1993

In three notable departures from the norm, however, the state has established regional agencies with the power to exercise land use functions in the affected regions. … Such coordination of land use authority for a delineated portion of certain counties does not, in our view, qualify as a "consolidation" of those counties.

Untitled California Attorney General Opinion

California Attorney General Reports · Jun 18, 1987

So amended, the definition of "business" clearly embraced governmental entities and agencies of the state. (Compare, fn. 7, ante.) … But just as clearly, it placed them in apposition to private entities where the term "employer" was originally found.

Untitled California Attorney General Opinion

California Attorney General Reports · Jul 3, 1986

The latter phrase was interpreted by POST in 1978 in the course of establishing the training requirements for the three levels of reserves. … The courts give great weight to the interpretation of a statute by the administrative agency empowered to promulgate regulations to advance its purposes unless the interpretation is clearly erroneous. (Norman v.

Untitled California Attorney General Opinion

California Attorney General Reports · Sep 17, 1993

expansive interpretation of section 2494. 3 Also applicable here is "the settled rule that `legislative enactments should not be construed to overthrow long-standing principles of law unless such an intention is clearly … In accordance with established principles of statutory construction, section 2494 may not be interpreted in a fashion that would render it unconstitutional.

Untitled California Attorney General Opinion

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

Untitled California Attorney General Opinion

California Attorney General Reports · Mar 24, 1987

Stockton Theatres, Inc. (1948) 32 Cal. 2d 53, 58-59 as follows: "It is a well established principle of statutory law that, where a statute adopts by specific reference the provisions of another statute … the form in which they exist at the time of the reference and not as subsequently modified, and that the repeal of the provisions referred to does not affect the adopting statute, in the absence of a clearly

Untitled California Attorney General Opinion

California Attorney General Reports · Jul 6, 1988

For airports and commissions established prior to January 1, 1971, the time period began on January 1, 1971. … the governing body of the local agency adopts a resolution pursuant to subdivision (b) with respect to a publicly owned airport that the local agency does not operate, the operator of the airport shall be immune