Is a policy declaration that states that a general rule must apply only to certain circumstances?

California, United States of America


The following excerpt is from Thorning v. Hollister School Dist., 11 Cal.App.4th 1598, 15 Cal.Rptr.2d 91 (Cal. App. 1992):

"Under the familiar rule of construction, expressio unius est exclusio alterius, where exceptions to a general rule are specified by statute, other exceptions are not to be implied or presumed. [Citations.] This rule, of course, is inapplicable where its operation would contradict a discernible and contrary legislative intent. [Citation.]" (Wildlife Alive v. Chickering (1976) 18 Cal.3d 190, 195, 132 Cal.Rptr. 377, 553 P.2d 537.) Therefore, we turn to the enabling legislation to determine if this reading of the policy declaration is consistent with the legislative intent of the statutory scheme.

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