What is the test for a court to construe a section of the California Code of Civil Procedure in the context of ambiguous language?

California, United States of America


The following excerpt is from Escobedo v. Estate of Snider, 14 Cal.4th 1214, 60 Cal.Rptr.2d 722, 930 P.2d 979 (Cal. 1997):

Faced with ambiguous statutory language, we endeavor to find the interpretation that will best further the statutory purposes. (People v. Coronado (1995) 12 Cal.4th 145, 151, 48 Cal.Rptr.2d 77, 906 P.2d 1232.) "[T]he court must consider the consequences that might flow from a particular construction and should construe the statute so as to promote rather than defeat the statute's purpose and policy." (Sylva v. Board of Supervisors (1989) 208 Cal.App.3d 648, 654, 256 Cal.Rptr. 138.)

Other Questions


In what circumstances will the Supreme Court strike down a section of the Civil Rights Act that prohibits the use of certain types of civil rights, such as civil liberties, as well as those of the individual, in the context of civil liberties? (California, United States of America)
Does section 12022.7 of the California Code of Civil Procedure prohibit the use of language that is "controversial, offensive or offensive" in the context of civil litigation? (California, United States of America)
How have courts interpreted section 139 of the California Civil Code, section 139 2 of the S.C. Code of Civil Procedure? (California, United States of America)
Does Section 1054(1) of the California Civil Code of Civil Procedure, section 1054 et. seq. and section 854 of the Criminal Code, allow defense counsel to conduct their investigation and prepare for trial? (California, United States of America)
How have courts interpreted section 1016.5 of the California Immigration Code and how have the courts interpreted the word 'court' in that section? (California, United States of America)
In a contract impairment case arising out of section 340.9(1) of the California Civil Code of Civil Procedure Act, is there any case law where the court has found that the provision does not apply to all cases? (California, United States of America)
Does the California Supreme Court have any authority or authority to amend or amend a section of the California Statutory Code of Civil Procedure to make it easier for a plaintiff to sue for damages? (California, United States of America)
Can a defendant be convicted of violating section 148(a)(1) of the California Civil Code of Civil Procedure if the jury found a completed violation of section 148 prior to the officers' use of excessive force? (California, United States of America)
Does Section 186.22 of the California Civil Code of Civil Procedure (i.e. section 186. 22) Violate Due Process? (California, United States of America)
Does the California Supreme Court have any power or authority to interpret a section of the California Penal Code that is ambiguous and ambiguous? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.