Does section 2081 of the California Civil Code apply to state agencies?

California, United States of America


The following excerpt is from KERN County WATER AGENCY v. ENFORCERS, A117715, A117750, No. RG06292124 (Cal. App. 2010):

Moreover, the language of section 2081, on which the trial court based its ruling, also supports an interpretation of "person" to include state agencies. Section 2081 exempts several entities, including public agencies, from the section 2080 prohibition. It is illogical to expressly exempt an entity from a prohibition that did not apply to it in the first place. Therefore, section 2080 must apply to public entities or the exemption for public agencies in section 2081 is rendered surplusage a result we must generally avoid.9 (See Cooley v. Superior Court (2002) 29 Cal.4th 228, 249.)

Page 11

Other Questions


Does section 27 of the California Criminal Code, section 778a, subdivision (a)(1) of the Criminal Code of California apply to a defendant who is charged with a charge of conspiracy to commit a crime committed outside of the state? (California, United States of America)
Does section 394 of the California Civil Code of Civil Procedure apply to the California Department of Justice? (California, United States of America)
In what circumstances will the California Civil Code section 1714 of the Civil Code apply to an individual who has been denied a right to claim damages under the Civil Procedure Act? (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 139 of the California Civil Code, section 139 2 of the S.C. Code of Civil Procedure? (California, United States of America)
Can a defendant in a civil action be found to have breached section 425.16, subdivision (e) of the California Civil Code of Civil Procedure Act? (California, United States of America)
What is the effect of Section 815 of Government Code section 815.2 of the California Civil Rights Act on civil rights? (California, United States of America)
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 580b of the California Real Estate Code of Civil Procedure apply where the property is in another state? (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)
X



Whitelogo nobg 300dpi sm


"The most advanced legal research software ever built."


Trusted by top litigators from across North America.