California, United States of America
The following excerpt is from Newark Unified Sch. Dist. v. Superior Court of Alameda Cnty., 190 Cal.Rptr.3d 721, 239 Cal.App.4th 33, 245 Cal.App.4th 887 (Cal. App. 2015):
That is not the preferred method for resolving statutory conflict. Our duty is to harmonize statutes wherever possible. (County of San Bernardino v. City of San Bernardino (1997) 15 Cal.4th 909, 933, 64 Cal.Rptr.2d 814, 938 P.2d 876.) As explained in DPH, supra, 60 Cal.4th 940, 184 Cal.Rptr.3d 60, 342 P.3d 1217, [a]ll presumptions are against a repeal by implication. [Citations.] [Citation.] Absent an express declaration of legislative intent, we will find an implied repeal only when there is no rational basis for harmonizing the two potentially conflicting statutes [citation], and the statutes are irreconcilable, clearly repugnant, and so inconsistent that the two cannot have concurrent operation. ' ' (
[245 Cal.App.4th 908]
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