fruitful inquiry in California

2021“In the area of statutory construction, an examination of what the Legislature has done (as opposed to what it has left undone) is generally the more fruitful inquiry. ‘[L]egislative inaction is “ ‘a weak reed upon which to lean’ ” . . . .’ ” (Harris v. Capital Growth Investors XIV (1991) 52 Cal.3d 1142, 1156 ; accord, Saint Francis Memorial Hospital v. State Dept. of Public Health (2020) 9 Cal.5th 710 , 723.) Since Sansone was decided, the Legislature has actively defined and modified the definitions of “public works.” (See, e.g., Stats. 2000, ch. 881, § 1, p. 6517; Stats. 2001, ch. 938, § 2,

2015Appeals Bd. (1981) 30 Cal.3d 391 , 403- 404.) As our Supreme Court explained, “[t]he Legislature’s failure to act may indicate many things other than approval of a judicial construction of a statute: the ‘ “ ‘sheer pressure of other and more important business,’ ” ’ ‘ “ ‘political considerations,’ ” ’ or a ‘ “ ‘tendency to trust to the courts to correct their own errors . . . .’ ” ’ (Id. at p. 404.) Thus, “[i]n the area of statutory construction, an examination of what the Legislature has done (as opposed to what it has left undone) is generally the more fruitful inquiry. ‘[L]egislative inacti

1991But something more than mere silence is required before that acquiescence is elevated into a species of implied legislation....'" ( Cianci v. Superior Court (1985) 40 Cal.3d 903, 923 [ 221 Cal. Rptr. 575 , 710 P.2d 375 ], quoting People v. Daniels (1969) 71 Cal.2d 1119, 1127-1128 [ 80 Cal. Rptr. 897 , 459 P.2d 225 , 43 A.L.R.3d 677 ].) In the area of statutory construction, an examination of what the Legislature has done (as opposed to what it has left undone) is generally the more fruitful inquiry. "[L]egislative inaction is `"a weak reed upon which to lean"'...." ( Troy Gold Industries, Ltd.

1991But something more than mere silence is required before that acquiescence is elevated into a species of implied legislation....'" ( Cianci v. Superior Court (1985) 40 Cal.3d 903, 923 [ 221 Cal. Rptr. 575 , 710 P.2d 375 ], quoting People v. Daniels (1969) 71 Cal.2d 1119, 1127-1128 [ 80 Cal. Rptr. 897 , 459 P.2d 225 , 43 A.L.R.3d 677 ].) In the area of statutory construction, an examination of what the Legislature has done (as opposed to what it has left undone) is generally the more fruitful inquiry. "[L]egislative inaction is `"a weak reed upon which to lean"'...." ( Troy Gold Industries, Ltd.

1999But something more than mere silence is required before that acquiescence is elevated into a species of implied legislation .... [Citations.] In the area of statutory construction, an examination of what the Legislature has done (as opposed to what it has left undone) is generally the more fruitful inquiry.” ....’” (People v. Escobar (1992) 3 Cal.4th 740, 750-751 [ 12 Cal.Rptr.2d 586 , 837 P.2d 1100 ]; see also People v. King (1993) 5 Cal.4th 59, 76-77 [ 19 Cal.Rptr.2d 233 , 851 P.2d 27 ].) The Legislature’s addition of section 778a, subdivision (b), in 1991 did not affect the portion of the s

1999But something more than mere silence is required before that acquiescence is elevated into a species of implied legislation .... [Citations.] In the area of statutory construction, an examination of what the Legislature has done (as opposed to what it has left undone) is generally the more fruitful inquiry.” ....’” (People v. Escobar (1992) 3 Cal.4th 740, 750-751 [ 12 Cal.Rptr.2d 586 , 837 P.2d 1100 ]; see also People v. King (1993) 5 Cal.4th 59, 76-77 [ 19 Cal.Rptr.2d 233 , 851 P.2d 27 ].) The Legislature’s addition of section 778a, subdivision (b), in 1991 did not affect the portion of the s

2013(See Harris, supra, 52 Cal.3d at p. 1156 [“In the area of statutory construction, an examination of what the Legislature has done (as opposed to what it has left undone) is generally the more fruitful inquiry.”]; Marina Point, Ltd. v. Wolfson (1982) 30 Cal.3d 721, 735 [ 180 Cal.Rptr. 496 , 640 P.2d 115 ] [adding statutory language which is consistent with earlier case law construing the statute amounts to “legislative endorsement” of that construction].) This legislative and judicial history compels a conclusion that none of the three bases for preemption exist here.

2013(See Harris, supra, 52 Cal.3d at p. 1156 [“In the area of statutory construction, an examination of what the Legislature has done (as opposed to what it has left undone) is generally the more fruitful inquiry.”]; Marina Point, Ltd. v. Wolfson (1982) 30 Cal.3d 721, 735 [ 180 Cal.Rptr. 496 , 640 P.2d 115 ] [adding statutory language which is consistent with earlier case law construing the statute amounts to “legislative endorsement” of that construction].) This legislative and judicial history compels a conclusion that none of the three bases for preemption exist here.

1991But something more than mere silence is required before that acquiescence is elevated into a species of implied legislation....'" ( Cianci v. Superior Court (1985) 40 Cal.3d 903, 923 [ 221 Cal. Rptr. 575 , 710 P.2d 375 ], quoting People v. Daniels (1969) 71 Cal.2d 1119, 1127-1128 [ 80 Cal. Rptr. 897 , 459 P.2d 225 , 43 A.L.R.3d 677 ].) In the area of statutory construction, an examination of what the Legislature has done (as opposed to what it has left undone) is generally the more fruitful inquiry. "[L]egislative inaction is `"a weak reed upon which to lean"'...." ( Troy Gold Industries, Ltd.

1991But something more than mere silence is required before that acquiescence is elevated into a species of implied legislation....'" ( Cianci v. Superior Court (1985) 40 Cal.3d 903, 923 [ 221 Cal. Rptr. 575 , 710 P.2d 375 ], quoting People v. Daniels (1969) 71 Cal.2d 1119, 1127-1128 [ 80 Cal. Rptr. 897 , 459 P.2d 225 , 43 A.L.R.3d 677 ].) In the area of statutory construction, an examination of what the Legislature has done (as opposed to what it has left undone) is generally the more fruitful inquiry. "[L]egislative inaction is `"a weak reed upon which to lean"'...." ( Troy Gold Industries, Ltd.

1993Companies (1988) 46 Cal.3d 287, 300-301 [ 250 Cal. Rptr. 116 , 758 P.2d 58 ]; Cianci v. Superior Court (1985) 40 Cal.3d 903, 923 [ 221 Cal. Rptr. 575 , 710 P.2d 375 ].) (5d) A judicially created suitability exception is also necessary, the dissent argues, because the Legislature could not have intended to immunize the owner of a construction site from suit by children coming to play on the property, while leaving the developer unprotected from suit by a thief injured on the same site while stealing lumber.

1993Companies (1988) 46 Cal.3d 287, 300-301 [ 250 Cal. Rptr. 116 , 758 P.2d 58 ]; Cianci v. Superior Court (1985) 40 Cal.3d 903, 923 [ 221 Cal. Rptr. 575 , 710 P.2d 375 ].) (5d) A judicially created suitability exception is also necessary, the dissent argues, because the Legislature could not have intended to immunize the owner of a construction site from suit by children coming to play on the property, while leaving the developer unprotected from suit by a thief injured on the same site while stealing lumber.

2015Appeals Bd. (1981) 30 Cal.3d 391 , 403- 404.) As our Supreme Court explained, “[t]he Legislature’s failure to act may indicate many things other than approval of a judicial construction of a statute: the ‘ “ ‘sheer pressure of other and more important business,’ ” ’ ‘ “ ‘political considerations,’ ” ’ or a ‘ “ ‘tendency to trust to the courts to correct their own errors . . . .’ ” ’ (Id. at p. 404.) Thus, “[i]n the area of statutory construction, an examination of what the Legislature has done (as opposed to what it has left undone) is generally the more fruitful inquiry. ‘[L]egislative inacti

2001Appeals Bd. (1981) 30 Cal.3d 391, 403-04 , 179 Cal.Rptr. 214 , 637 P.2d 681 .) "In the area of statutory construction, an examination of what the Legislature has done (as opposed to what it has left undone) is generally the more fruitful inquiry. `[Legislative inaction is "`a weak reed upon which to lean'" ....' [Citation.]" ( Harris v. Capital Growth Investors XIV (1991) 52 Cal.3d 1142, 1156 , 278 Cal.Rptr. 614 , 805 P.2d 873 .) The cases finding no knowledge requirement are arguably inconsistent with the California Supreme Court's latest decisions.

2016But something more than mere silence is required before that acquiescence is elevated into a species of implied legislation .... [Citations.] In the area of statutory construction, an examination of what the Legislature has done (as opposed to what it has left undone) is generally the more fruitful inquiry.’ ” ’ [Citations.]” (People v. Morante (1999) 20 Cal.4th 403, 429 [ 84 Cal.Rptr.2d 665 , 975 P.2d 1071 ].) And what the Legislature has done in this instance is enact a statute that expressly applies “whenever a case is before a court on an accusatory pleading alleging the commission of a mi

2016But something more than mere silence is required before that acquiescence is elevated into a species of implied legislation .... [Citations.] In the area of statutory construction, an examination of what the Legislature has done (as opposed to what it has left undone) is generally the more fruitful inquiry.’ ” ’ [Citations.]” (People v. Morante (1999) 20 Cal.4th 403, 429 [ 84 Cal.Rptr.2d 665 , 975 P.2d 1071 ].) And what the Legislature has done in this instance is enact a statute that expressly applies “whenever a case is before a court on an accusatory pleading alleging the commission of a mi

2013(See Hill, supra, 192 Cal.App.4th at p. 868 [county requirements of business license, approved conditional use permit, and 1,000 foot distance from libraries and schools for marijuana dispensaries not preempted by MMPA]; Kruse, supra, 177 Cal.App.4th at pp. 1175-1176 [temporary local moratorium on marijuana dispensaries not preempted by MMPA].) D.

2008As evidence of legislative intent, unpassed bills have little value. ( Yoshisato v. Superior Court (1992) 2 Cal.4th 978, 991, fn. 7 [ 9 Cal.Rptr.2d 102 , 831 P.2d 327 ].) "[L]egislative inaction is `"a weak reed upon which to lean"'...." ( Troy Gold Industries, Ltd. v. Occupational Safety & Health Appeals Bd. (1986) 187 Cal.App.3d 379, 391, fn. 6 [ 231 Cal.Rptr. 861 ].) Here, we look to what the Legislature enacted rather than what it failed to enact.

2008As evidence of legislative intent, unpassed bills have little value. ( Yoshisato v. Superior Court (1992) 2 Cal.4th 978, 991, fn. 7 [ 9 Cal.Rptr.2d 102 , 831 P.2d 327 ].) "[L]egislative inaction is `"a weak reed upon which to lean"'...." ( Troy Gold Industries, Ltd. v. Occupational Safety & Health Appeals Bd. (1986) 187 Cal.App.3d 379, 391, fn. 6 [ 231 Cal.Rptr. 861 ].) Here, we look to what the Legislature enacted rather than what it failed to enact.

2000(Stop Youth Addiction, Inc. v. Lucky Stores, Inc. (1998) 17 Cal.4th 553, 563 [ 71 Cal.Rptr.2d 731 , 950 P.2d 1086 ].) “In *12 the area of statutory construction, an examination of what the Legislature has done (as opposed to what it has left undone) is generally the more fruitful inquiry. '[Legislative inaction is “ ‘a weak reed upon which to lean.’ ” ’ ” (Harris v. Capital Growth Investors XIV (1991) 52 Cal.3d 1142, 1156 [ 278 Cal.Rptr. 614 , 805 P.2d 873 ].) In this case there can be no inference of legislative acquiescence with respect to the issue of franchise taxes, as neither the annotat

2000(Stop Youth Addiction, Inc. v. Lucky Stores, Inc. (1998) 17 Cal.4th 553, 563 [ 71 Cal.Rptr.2d 731 , 950 P.2d 1086 ].) “In *12 the area of statutory construction, an examination of what the Legislature has done (as opposed to what it has left undone) is generally the more fruitful inquiry. '[Legislative inaction is “ ‘a weak reed upon which to lean.’ ” ’ ” (Harris v. Capital Growth Investors XIV (1991) 52 Cal.3d 1142, 1156 [ 278 Cal.Rptr. 614 , 805 P.2d 873 ].) In this case there can be no inference of legislative acquiescence with respect to the issue of franchise taxes, as neither the annotat

1999But something more than mere silence is required before that acquiescence is elevated into a species of implied legislation .... [Citations.] In the area of statutory construction, an examination of what the Legislature has done (as opposed to what it has left undone) is generally the more fruitful inquiry.” ....’” (People v. Escobar (1992) 3 Cal.4th 740, 750-751 [ 12 Cal.Rptr.2d 586 , 837 P.2d 1100 ]; see also People v. King (1993) 5 Cal.4th 59, 76-77 [ 19 Cal.Rptr.2d 233 , 851 P.2d 27 ].) The Legislature’s addition of section 778a, subdivision (b), in 1991 did not affect the portion of the s

1999But something more than mere silence is required before that acquiescence is elevated into a species of implied legislation .... [Citations.] In the area of statutory construction, an examination of what the Legislature has done (as opposed to what it has left undone) is generally the more fruitful inquiry.” ....’” (People v. Escobar (1992) 3 Cal.4th 740, 750-751 [ 12 Cal.Rptr.2d 586 , 837 P.2d 1100 ]; see also People v. King (1993) 5 Cal.4th 59, 76-77 [ 19 Cal.Rptr.2d 233 , 851 P.2d 27 ].) The Legislature’s addition of section 778a, subdivision (b), in 1991 did not affect the portion of the s

1991But something more than mere silence is required before that acquiescence is elevated into a species of implied legislation....'" ( Cianci v. Superior Court (1985) 40 Cal.3d 903, 923 [ 221 Cal. Rptr. 575 , 710 P.2d 375 ], quoting People v. Daniels (1969) 71 Cal.2d 1119, 1127-1128 [ 80 Cal. Rptr. 897 , 459 P.2d 225 , 43 A.L.R.3d 677 ].) In the area of statutory construction, an examination of what the Legislature has done (as opposed to what it has left undone) is generally the more fruitful inquiry. "[L]egislative inaction is `"a weak reed upon which to lean"'...." ( Troy Gold Industries, Ltd.

1991But something more than mere silence is required before that acquiescence is elevated into a species of implied legislation....'" ( Cianci v. Superior Court (1985) 40 Cal.3d 903, 923 [ 221 Cal. Rptr. 575 , 710 P.2d 375 ], quoting People v. Daniels (1969) 71 Cal.2d 1119, 1127-1128 [ 80 Cal. Rptr. 897 , 459 P.2d 225 , 43 A.L.R.3d 677 ].) In the area of statutory construction, an examination of what the Legislature has done (as opposed to what it has left undone) is generally the more fruitful inquiry. "[L]egislative inaction is `"a weak reed upon which to lean"'...." ( Troy Gold Industries, Ltd.

1991But something more than mere silence is required before that acquiescence is elevated into a species of implied legislation....'" ( Cianci v. Superior Court (1985) 40 Cal.3d 903, 923 [ 221 Cal. Rptr. 575 , 710 P.2d 375 ], quoting People v. Daniels (1969) 71 Cal.2d 1119, 1127-1128 [ 80 Cal. Rptr. 897 , 459 P.2d 225 , 43 A.L.R.3d 677 ].) In the area of statutory construction, an examination of what the Legislature has done (as opposed to what it has left undone) is generally the more fruitful inquiry. "[L]egislative inaction is `"a weak reed upon which to lean"'...." ( Troy Gold Industries, Ltd.

1991But something more than mere silence is required before that acquiescence is elevated into a species of implied legislation....'" ( Cianci v. Superior Court (1985) 40 Cal.3d 903, 923 [ 221 Cal. Rptr. 575 , 710 P.2d 375 ], quoting People v. Daniels (1969) 71 Cal.2d 1119, 1127-1128 [ 80 Cal. Rptr. 897 , 459 P.2d 225 , 43 A.L.R.3d 677 ].) In the area of statutory construction, an examination of what the Legislature has done (as opposed to what it has left undone) is generally the more fruitful inquiry. "[L]egislative inaction is `"a weak reed upon which to lean"'...." ( Troy Gold Industries, Ltd.

1991But something more than mere silence is required before that acquiescence is elevated into a species of implied legislation....'" ( Cianci v. Superior Court (1985) 40 Cal.3d 903, 923 [ 221 Cal. Rptr. 575 , 710 P.2d 375 ], quoting People v. Daniels (1969) 71 Cal.2d 1119, 1127-1128 [ 80 Cal. Rptr. 897 , 459 P.2d 225 , 43 A.L.R.3d 677 ].) In the area of statutory construction, an examination of what the Legislature has done (as opposed to what it has left undone) is generally the more fruitful inquiry. "[L]egislative inaction is `"a weak reed upon which to lean"'...." ( Troy Gold Industries, Ltd.

1991But something more than mere silence is required before that acquiescence is elevated into a species of implied legislation....'" ( Cianci v. Superior Court (1985) 40 Cal.3d 903, 923 [ 221 Cal. Rptr. 575 , 710 P.2d 375 ], quoting People v. Daniels (1969) 71 Cal.2d 1119, 1127-1128 [ 80 Cal. Rptr. 897 , 459 P.2d 225 , 43 A.L.R.3d 677 ].) In the area of statutory construction, an examination of what the Legislature has done (as opposed to what it has left undone) is generally the more fruitful inquiry. "[L]egislative inaction is `"a weak reed upon which to lean"'...." ( Troy Gold Industries, Ltd.