How have courts interpreted opinion of the Attorney General relied upon by real party?

California, United States of America


The following excerpt is from Unger v. Superior Court, 102 Cal.App.3d 681, 162 Cal.Rptr. 611 (Cal. App. 1980):

[102 Cal.App.3d 688] We also disapprove the opinion of the Attorney General relied upon by real party (59 Ops. Atty. Gen. 60 issued on January 2, 1976) to the extent that it is inconsistent with the constitutional mandate herein expressed. Although opinions of the attorney general, who is charged with the duty to enforce the law, are entitled to great weight, the opinions of the attorney general are not controlling as to the meaning of a constitutional provision or statute. (Smith v. Municipal Court (1959) 167 Cal.App.2d 534, 539, 334 P.2d 931.)

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