Does the "plain meaning" rule apply to section 11105 of the California Civil Code?

California, United States of America


The following excerpt is from Housing Authority v. Van de Kamp, 223 Cal.App.3d 109, 272 Cal.Rptr. 584 (Cal. App. 1990):

Plaintiffs' reliance on the "plain meaning" rule does not assist them. "[T]he 'plain meaning' rule does not prohibit a court from determining whether the literal meaning of a statute comports with its purpose or whether such a construction of one provision is consistent with other provisions of the statute. The meaning of a statute may not be determined from a single word or sentence; the words must be construed in context, and provisions relating to the same subject matter must be harmonized to the extent possible. [Citation.] Literal construction should not prevail if it is contrary to the legislative intent apparent in the statute. The intent prevails over the letter, and the letter will, if possible, be so read as to conform to the spirit of the act. [Citations.]" (Lungren v. Deukmejian (1988) 45 Cal.3d 727, 735, 248 Cal.Rptr. 115, 755 P.2d 299.)

The phrase "in fulfilling employment, certification, or licensing duties" appears twice in subdivision (b) of section 11105. 1

Page 588

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