13 California opinions name it 1 courts 2005–2025 2 in the last five years
The cases below were cited by California courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Los Alamitos Unified School District v. Howard Contracting, Inc.green2 sentences2015(Los Alamitos, supra, at pp. 1224, 1229 .) We agree with the statutory interpretation that the exception to competitive bidding in section 17406(a)(1) is not limited to site leases. 2015(Los Alamitos, supra, at pp. 1224, 1229 .) We agree with the statutory interpretation that the exception to competitive bidding in section 17406(a)(1) is not limited to site leases. | 2 | 2 |
Kilker v. Stillmangreen1 sentence2022Standard of Review and Rules of Statutory Interpretation Our analysis of the September 2020 Order in which the court concluded the PSP was automatically exempt from levy depends on our interpretation of relevant sections in the Code of Civil Procedure, addressing the enforcement of money judgments, as well as portions of ERISA itself. “‘We review de novo the issues of the application of a statutory exemption to undisputed facts [citation], and interpretation of the statutes.’” (Kilker v. Stillman (2015) 233 Cal.App.4th 320, 329 (Kilker).) “‘[O]ur fundamental task in construing a statute is to | 1 | 1 |
In Re SBred1 sentence2020(See In re S.B. (2004) 32 Cal.4th 1287, 1293 [“the appellate court’s discretion to excuse forfeiture should be exercised rarely and only in cases presenting an *See footnote, ante, page 1. 7. important legal issue”].) Accordingly, we have allowed Gabriel to respond to the claim in a supplemental brief. | 1 | 1 |
SEVIDAL v. Target Corp.green2 sentences2015To conclude otherwise would violate the statutory interpretation principle that every word in a statute must be given operative effect.” (Sevidal v. Target Corp. (2010) 189 Cal.App.4th 905, 924 [ 117 Cal.Rptr.3d 66 ].) Plaintiffs also cite this broad language from Kwikset, supra, 51 Cal.4th at page 328 : “Simply stated: labels matter. 2015To conclude otherwise would violate the statutory interpretation principle that every word in a statute must be given operative effect.” (Sevidal v. Target Corp. (2010) 189 Cal.App.4th 905, 924 [ 117 Cal.Rptr.3d 66 ].) Plaintiffs also cite this broad language from Kwikset, supra, 51 Cal.4th at page 328 : “Simply stated: labels matter. | 1 | 1 |
People v. Smithgreen1 sentence2014(People v. Superior Court (Romero) (1996) 13 Cal.4th 497, 509 ; see also In re Smith (2008) 42 Cal.4th 1251, 1269 [“Our common practice is to ‘construe[ ] statutes, when reasonable, to avoid difficult constitutional questions.’ [Citation.]”]; People v. Smith (1983) 34 Cal.3d 251, 259 [“if reasonably possible the courts must construe a statute to avoid doubts as to its constitutionality”].) F. Petitioners’ Additional Arguments Regarding Section 832.7(a) Petitioners contend that interpreting Section 832.7(a) to permit the prosecutor to access officer personnel files would render superfluous the | 1 | 1 |
Stasher v. Harger-Haldemangreen2 sentences2014The court found that the recent amendments which eliminated the right of rescission for mislabeling of government fees implicitly reinforced the mandatory nature of the statute’s other requirements:' *615 “Under the long-standing statutory interpretation principle ‘expressio unius exlcusius alterius esf (to express one thing is to exclude others), the Legislature’s declaration that a sales contract remains enforceable if its only erroneous nondisclosure involves certain governmental fees [citation], means that rescission remains available for the contract’s noncompliance with other disclosure 2014The court found that the recent amendments which eliminated the right of rescission for mislabeling of government fees implicitly reinforced the mandatory nature of the statute’s other requirements:' *615 “Under the long-standing statutory interpretation principle ‘expressio unius exlcusius alterius esf (to express one thing is to exclude others), the Legislature’s declaration that a sales contract remains enforceable if its only erroneous nondisclosure involves certain governmental fees [citation], means that rescission remains available for the contract’s noncompliance with other disclosure | 1 | 1 |
In Re Smithgreen1 sentence2014(People v. Superior Court (Romero) (1996) 13 Cal.4th 497, 509 ; see also In re Smith (2008) 42 Cal.4th 1251, 1269 [“Our common practice is to ‘construe[ ] statutes, when reasonable, to avoid difficult constitutional questions.’ [Citation.]”]; People v. Smith (1983) 34 Cal.3d 251, 259 [“if reasonably possible the courts must construe a statute to avoid doubts as to its constitutionality”].) F. Petitioners’ Additional Arguments Regarding Section 832.7(a) Petitioners contend that interpreting Section 832.7(a) to permit the prosecutor to access officer personnel files would render superfluous the | 1 | 1 |
Pfizer Inc. v. Superior Courtgreen2 sentences2010A Court of Appeal recently interpreted Tobacco II in this precise manner. ( Pfizer, supra, 182 Cal.App.4th 622 .) In that case, the plaintiff alleged Pfizer advertised and promoted its mouthwash product, Listerine, in a misleading manner by indicating that Listerine can replace dental floss in reducing plaque and gingivitis. ( Id. at p. 625.) The plaintiff brought a class action and asserted numerous claims, including violations of the UCL and FAL. ( 182 Cal.App.4th at p. 625 .) The trial court certified a class of "`all persons who purchased Listerine, in California, from June 2004 through Ja 2010A Court of Appeal recently interpreted Tobacco II in this precise manner. ( Pfizer, supra, 182 Cal.App.4th 622 .) In that case, the plaintiff alleged Pfizer advertised and promoted its mouthwash product, Listerine, in a misleading manner by indicating that Listerine can replace dental floss in reducing plaque and gingivitis. ( Id. at p. 625.) The plaintiff brought a class action and asserted numerous claims, including violations of the UCL and FAL. ( 182 Cal.App.4th at p. 625 .) The trial court certified a class of "`all persons who purchased Listerine, in California, from June 2004 through Ja | 1 | 1 |
In Re Younggreen2 sentences2006(See In re Jennings (2004) 34 Cal.4th 254, 273 [ 17 Cal.Rptr.3d 645 , 95 P.3d 906 ]; In re Young (2004) 32 Cal.4th 900, 907 [ 12 Cal.Rptr.3d 48 , 87 P.3d 797 ].) However, this statutory interpretation rule is merely an aid to inferring legislative intent from ambiguous language absent evidence of a contrary intent. 2006(See In re Jennings (2004) 34 Cal.4th 254, 273 [ 17 Cal.Rptr.3d 645 , 95 P.3d 906 ]; In re Young (2004) 32 Cal.4th 900, 907 [ 12 Cal.Rptr.3d 48 , 87 P.3d 797 ].) However, this statutory interpretation rule is merely an aid to inferring legislative intent from ambiguous language absent evidence of a contrary intent. | 1 | 1 |
In Re Jenningsgreen2 sentences2006(See In re Jennings (2004) 34 Cal.4th 254, 273 [ 17 Cal.Rptr.3d 645 , 95 P.3d 906 ]; In re Young (2004) 32 Cal.4th 900, 907 [ 12 Cal.Rptr.3d 48 , 87 P.3d 797 ].) However, this statutory interpretation rule is merely an aid to inferring legislative intent from ambiguous language absent evidence of a contrary intent. 2006(See In re Jennings (2004) 34 Cal.4th 254, 273 [ 17 Cal.Rptr.3d 645 , 95 P.3d 906 ]; In re Young (2004) 32 Cal.4th 900, 907 [ 12 Cal.Rptr.3d 48 , 87 P.3d 797 ].) However, this statutory interpretation rule is merely an aid to inferring legislative intent from ambiguous language absent evidence of a contrary intent. | 1 | 1 |
United Farm Workers v. Agricultural Labor Relations Boardgreen2 sentences2006“The statutory construction doctrine of expressio unius est exclusio alterius means 1 “the expression of certain things in a statute necessarily involves exclusion of other things not expressed.” ’ ” (United Farm Workers of America v. Agricultural Labor Relations Bd. (1995) 41 Cal.App.4th 303, 316 [ 48 Cal.Rptr.2d 696 ].) “ ‘[W]here exceptions to a general rule are specified by statute, other exceptions are not to be implied or presumed.’ ” (Mutual Life Ins. 2006“The statutory construction doctrine of expressio unius est exclusio alterius means 1 “the expression of certain things in a statute necessarily involves exclusion of other things not expressed.” ’ ” (United Farm Workers of America v. Agricultural Labor Relations Bd. (1995) 41 Cal.App.4th 303, 316 [ 48 Cal.Rptr.2d 696 ].) “ ‘[W]here exceptions to a general rule are specified by statute, other exceptions are not to be implied or presumed.’ ” (Mutual Life Ins. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in California. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
People v. Gonzalez
green
1 sentence2025(People v. Gonzalez (2017) 2 Cal.5th 1138, 1141 .) “ ‘ “As in any case involving statutory interpretation, our fundamental task here is to determine the Legislature’s intent so as to effectuate the law’s purpose. [Citation.] We begin by examining the statute’s words, giving them a plain and commonsense meaning.” ’ ” (People v. Scott (2014) 58 Cal.4th 1415, 1421 .) Here, the trial court read the statute’s directive that it “hear and determine” whether to authorize the involuntary administration of antipsychotic medications (§§ 1370(a)(2)(B), 1370(a)(2)(B)(i)) as not including any requirement of | 1 | 2025–2025 |
People v. Scott
green
1 sentence2025(People v. Gonzalez (2017) 2 Cal.5th 1138, 1141 .) “ ‘ “As in any case involving statutory interpretation, our fundamental task here is to determine the Legislature’s intent so as to effectuate the law’s purpose. [Citation.] We begin by examining the statute’s words, giving them a plain and commonsense meaning.” ’ ” (People v. Scott (2014) 58 Cal.4th 1415, 1421 .) Here, the trial court read the statute’s directive that it “hear and determine” whether to authorize the involuntary administration of antipsychotic medications (§§ 1370(a)(2)(B), 1370(a)(2)(B)(i)) as not including any requirement of | 1 | 2025–2025 |
Descamps v. United States
green
2 sentences2016The court held that a sentencing court’s factfinding “would (at the least) raise serious Sixth Amendment concerns if it went beyond merely identifying a prior conviction.” ( Descamps, supra, 570 U.S. at p._[ 133 S.Ct. at p. 2288 ].) The court further explained that “[t]hose concerns . . . counsel against allowing a sentencing court to ‘make a disputed’ determination ‘about what the defendant and state judge must have understood as the factual basis of the prior plea,’ or what the jury in a prior trial must have accepted as the theory of the crime. [Citations.] Hence our insistence on the categ 2016The court held that a sentencing court’s factfinding “would (at the least) raise serious Sixth Amendment concerns if it went beyond merely identifying a prior conviction.” ( Descamps, supra, 570 U.S. at p._[ 133 S.Ct. at p. 2288 ].) The court further explained that “[t]hose concerns . . . counsel against allowing a sentencing court to ‘make a disputed’ determination ‘about what the defendant and state judge must have understood as the factual basis of the prior plea,’ or what the jury in a prior trial must have accepted as the theory of the crime. [Citations.] Hence our insistence on the categ | 1 | 2016–2016 |
Kwikset Corp. v. Superior Court
green
1 sentence2015To conclude otherwise would violate the statutory interpretation principle that every word in a statute must be given operative effect.” (Sevidal v. Target Corp. (2010) 189 Cal.App.4th 905, 924 [ 117 Cal.Rptr.3d 66 ].) Plaintiffs also cite this broad language from Kwikset, supra, 51 Cal.4th at page 328 : “Simply stated: labels matter. | 1 | 2015–2015 |
People v. Superior Court (Romero)
green
1 sentence2014(People v. Superior Court (Romero) (1996) 13 Cal.4th 497, 509 ; see also In re Smith (2008) 42 Cal.4th 1251, 1269 [“Our common practice is to ‘construe[ ] statutes, when reasonable, to avoid difficult constitutional questions.’ [Citation.]”]; People v. Smith (1983) 34 Cal.3d 251, 259 [“if reasonably possible the courts must construe a statute to avoid doubts as to its constitutionality”].) F. Petitioners’ Additional Arguments Regarding Section 832.7(a) Petitioners contend that interpreting Section 832.7(a) to permit the prosecutor to access officer personnel files would render superfluous the | 1 | 2014–2014 |
Kyles v. Whitley
green
1 sentence2014This is particularly true because the Brady materiality standard looks at the “suppressed evidence considered collectively, not item by item.” (Kyles, supra, 514 U.S. at p. 436 , fn. omitted.) Therefore, “the prosecution, which alone can know what is undisclosed, must be assigned the consequent responsibility to gauge the likely net effect of all such evidence and make disclosure when the point of ‘reasonable probability’ is reached.” (Id. at p. 437.) The trial court cannot analyze the cumulative impact of nondisclosure of a piece of exculpatory—but not itself material—evidence in an officer’s | 1 | 2014–2014 |
Rojas v. Platinum Auto Group, Inc.
green
1 sentence2014The court found that the recent amendments which eliminated the right of rescission for mislabeling of government fees implicitly reinforced the mandatory nature of the statute’s other requirements:' *615 “Under the long-standing statutory interpretation principle ‘expressio unius exlcusius alterius esf (to express one thing is to exclude others), the Legislature’s declaration that a sales contract remains enforceable if its only erroneous nondisclosure involves certain governmental fees [citation], means that rescission remains available for the contract’s noncompliance with other disclosure | 1 | 2014–2014 |
In Re Tobacco II Cases
green
1 sentence2010A Court of Appeal recently interpreted Tobacco II in this precise manner. ( Pfizer, supra, 182 Cal.App.4th 622 .) In that case, the plaintiff alleged Pfizer advertised and promoted its mouthwash product, Listerine, in a misleading manner by indicating that Listerine can replace dental floss in reducing plaque and gingivitis. ( Id. at p. 625.) The plaintiff brought a class action and asserted numerous claims, including violations of the UCL and FAL. ( 182 Cal.App.4th at p. 625 .) The trial court certified a class of "`all persons who purchased Listerine, in California, from June 2004 through Ja | 1 | 2010–2010 |
People v. Howard N.
green
1 sentence2005“While the statutory language does not expressly require a demonstration that the person has serious difficulty controlling his dangerous behavior, construing the existing language to include such a requirement does not appear inconsistent with legislative intent.” (In re Howard N., supra, 35 Cal.4th at p. 132 .) Next, the Supreme Court relied on the past actions of the Legislature to conclude that the Legislature is “committed to making the scheme constitutional.” (Id. at p. 133.) The Supreme Court concluded, “Thus, as we have done before, we can preserve the constitutionality of the extended | 1 | 2005–2005 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.