Correspondence - Item 21 - Laserfiche WebLink

Home Browse Search

People v. Venice Suites, LLC, 71 Cal.App.Sth 715 (2021) 286 Cal.Rptr.3d 598, 21 Cal. Daily Op. Serv. 11,565, 2021 Daily Journal D.A.R. 11,835 [14] Appeal and Error W-- Statutory or legislative law The proper interpretation of a statute is a question of law reviewed de novo. [15] Municipal Corporations @— Applicability of statutory construction rules Courts interpret municipal ordinances in the same manner and pursuant to the same rules applicable to the interpretation of statutes. [16] Statutes 0— Purpose and intent The fundamental task in a case involving statutory interpretation is to determine the Legislature's intent so as to effectuate the law's purpose. [17] Statutes 0— Plain Language; Plain, Ordinary, or Common Meaning A court begins a task of interpreting a statute by examining the statute's words, giving them a plain and commonsense meaning. [18] Statutes Q�- Language and intent, will, purpose, or policy Statutes Q--- Context When interpreting a statute, a court looks to the entire substance of the statute in order to determine the scope and purpose of the provision; that is, it construes the words in question in context, keeping in mind the nature and obvious purpose of the statute. [19] Statutes 4. Extrinsic Aids to Construction Statutes �0 Plain, literal, or clear meaning; ambiguity If statutory language is susceptible of more than one reasonable interpretation, a court looks to extrinsic aids, including ostensible objects to be achieved, evils to be remedied, legislative history, public policy, contemporaneous administrative construction, and statutory scheme of which statute is part. [20] Statutes 4-- Reason, reasonableness, and rationality Statutes #— Wisdom, practicality, and common sense Court interprets statute using reason, practicality, and common sense to language at hand. [21] Statutes #— Reason, reasonableness, and rationality Statutes #— Construction in View of Effects, Consequences, or Results Court must give words of statute workable and reasonable interpretation keeping in mind consequences that will flow from its interpretation. [22] Zoning and Planning `v Apartment house districts Zoning and Planning o• Hotels, lodging, and short-term rentals Long-term occupancy requirement for apartment house could not be inferred from definition limiting transient occupancy residential structure (TORS) to occupancies of 30 days or less; although physical characteristics of both were almost identical, definition for apartment house had been in existence for 65 years. 2 Cases that cite this headnote [23] Statutes 4— Absent terms; silence; omissions Courts are reluctant to accept that legislatures enact important or fundamental changes by silent indirection. [24] Zoning and Planning Q�— Apartment house districts Zoning and Planning 0- Hotels, lodging, and short-term rentals WESTLAW © 2023 Thomson Reuters. No claim to original U.S. Government Works. 3