What is the test for determining whether the California Civil Code of Civil Procedure applies to plaintiffs action?

California, United States of America


The following excerpt is from Day v. City of Fontana, 105 Cal.Rptr.2d 457, 19 P.3d 1196, 25 Cal.4th 268 (Cal. 2001):

Although we might well stop here since the facts do not appear to raise any ambiguity or uncertainty as to the statute's application, we shall, "in an abundance of caution, ... test our construction against those extrinsic aids that bear on the enactors' intent." (Powers v. City of Richmond (1995) 10 Cal.4th 85, 93, 40 Cal. Rptr.2d 839, 893 P.2d 1160.) As we shall demonstrate, the legislative history materials reinforce our conclusion that the statute applies to plaintiffs action.

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