Is a later, more specific statute controlling over an earlier statute, even though the later statute would by its terms cover the present situation?

California, United States of America


The following excerpt is from Castillo v. Price Pfister, Inc., B280698 (Cal. App. 2018):

Her argument attempts to make a bulwark out of the rule that a "later, more specific statute [is] . . . controlling over an earlier statute, even though the earlier statute would by its terms cover the present situation. [Citation.]" (Young v. Haines (1986) 41 Cal.3d 883, 894 (Young).)

This rule finds no purchase.

Page 5

Other Questions


When harmonizing two statutes relating to the same subject, can a particular or specific statute take precedence over a conflicting general statute? (California, United States of America)
What is the difference between a general statute and a specific statute? (California, United States of America)
If defense counsel had objected to the upper term of imprisonment, would the court have chosen to impose the lower term? (California, United States of America)
What is the difference between a specific statute and a general statute? (California, United States of America)
Is a statute that refers to a specific reference to the provisions of another statute, regulation or ordinance incorporated in its original form? (California, United States of America)
What is the test for determining whether a person is "similarly situated" in a situation that affects two or more similarly situated groups? (California, United States of America)
What is a controlled buy and what is the meaning of the term "controlled buy"? (California, United States of America)
If a defendant waives his appeal against his sentence because his codefendants later negotiate and receive sentences more lenient than his, would that waiver of appellate rights be enforceable? (California, United States of America)
Does a quasi-judicial review of the evidence presented to the trial court to determine whether any triable issues of fact were presented? (California, United States of America)
Is a defendant's instruction in a death penalty case inadequate when it refers to the use of the term "warrants", or does the term need to be changed? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.