Is a minor amendment to a legislative act considered to be a legislative amendment?

California, United States of America


The following excerpt is from W. W. Dean & Associates v. City of South San Francisco, 190 Cal.App.3d 1368, 236 Cal.Rptr. 11 (Cal. App. 1987):

The majority recognizes that generally an amendment to a legislative act is a legislative act, but appears to state when the modification is minor it will not be considered a legislative act and cites Fishman v. City of Palo Alto (1978) 86 Cal.App.3d 506, 511, 150 Cal.Rptr. 326, as authority for this proposition. In Fishman the court found that the modification of development plans "did not amount to a substantial alteration" of the plans. (Id., at pp. 511-512, 150 Cal.Rptr. 326.) However, in so finding the court in Fishman stated: "Some changes in the development plan of a planned community district may well be legislative and subject to referendum. That determination must be made on a case-by-case basis." (Ibid.)

Other Questions


When a minor modification to a legislative act is a minor amendment to the legislation? (California, United States of America)
What is the effect of amending a complaint to amend it to amend the original complaint? (California, United States of America)
Does a midtrial amendment need to be amended or amended? (California, United States of America)
What is the effect of an amendment to Proposition 36 of the California Constitution requiring the Attorney General to produce a copy of the law where the law is amended or amended? (California, United States of America)
Does a plaintiff have to amend his second amended complaint to a third amended complaint? (California, United States of America)
Can a motion to amend be considered as if it was abandoned because counsel failed to make a written amendment to the complaint? (California, United States of America)
If a statutory language does not yield a plain meaning, and the legislative history of the legislation is not to be considered in determining the meaning of the statute, can a court rely on the statute itself? (California, United States of America)
Is the amendment to the California Civil Code of Civil Procedure Amendment retroactively retroactively applied to increase conduct credits for minor offenders who have been temporarily detained in local custody? (California, United States of America)
Can a motion to amend or renew the terms of a previous motion be considered as a renewal or amendment to the first motion? (California, United States of America)
Can a plaintiff who has been denied leave to amend a motion to amend or amend a claim for damages be affirmed on any ground supported by the record? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.