Is section 18671.1 of the California Civil Code of Civil Procedure mandatory or jurisdictional, and does the word "shall" or "may" constitute a mandatory or permissive language?
California, United States of America
The following excerpt is from California Correctional Peace Officers Ass'n v. California State Personnel Bd. (Dept. of Corrections), 23 Cal.App.4th 1549, 28 Cal.Rptr.2d 869 (Cal. App. 1994):
It is a well-settled principle of statutory construction that the word " 'shall' " is ordinarily construed as mandatory, while " 'may' " is generally construed as permissive, "particularly when both terms are used in the same statute." (Common Cause v. Board of Supervisors (1989) 49 Cal.3d 432, 443, 261 Cal.Rptr. 574, 777 P.2d 610.) Thus, the usual canons of interpretation would appear to compel the conclusion section 18671.1 is mandatory and therefore jurisdictional, and not merely directory.
However, in this context the use of the word "shall" is not dispositive.
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