What is the test for a common law interpretation of a statute?

California, United States of America


The following excerpt is from Farnum v. Iris Biotechnologies, Inc., H042858 (Cal. App. 2018):

Moreover, " '[a]s a general rule, "[u]nless expressly provided, statutes should not be interpreted to alter the common law, and should be construed to avoid conflict with common law rules." ' [Citation.] 'Accordingly, "[t]here is a presumption that a statute does not, by implication, repeal the common law. [Citation.] Repeal by implication is recognized only where there is no rational basis for harmonizing two potentially conflicting laws." ' [Citation.]" (Verdugo v. Target Corp. (2014) 59 Cal.4th 312, 326 (Verdugo).)

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