How have courts interpreted section 1208(b)(10) of the California Code of Regulations?

California, United States of America


The following excerpt is from California School Employees Assn. v. Department of Motor Vehicles, 203 Cal.App.3d 634, 250 Cal.Rptr. 50 (Cal. App. 1988):

Since the construction and interpretation of California Code of Regulations, section 1208(b)(10) is one of law, rather than of fact, we exercise our independent judgment. (Estate of Madison (1945) 26 Cal.2d 453, 456, 159 P.2d 630; Cerini v. City of Cloverdale (1987) 191 Cal.App.3d 1471, 1476, 237 Cal.Rptr. 116.) In our view, the trial court erred. Considering California Code of Regulations, sections 1208(b)(10) and 100.18 (formerly 100.10) together, in edited form, they provide:

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