What is the test for making a statutory claim of statutory ambiguity?

California, United States of America


The following excerpt is from Estate of Dye, 112 Cal.Rptr.2d 362, 92 Cal.App.4th 966 (Cal. App. 2001):

An ambiguity arises when language may be applied in more than one way. To say that language is ambiguous is to say there is more than one semantically permissible candidate for application, though it cannot be determined from the language which is meant. Every substantial claim of ambiguity must tender a candidate reading of the language which is of aid to the claimant. One must ask what meanings are proffered and examine their plausibility in light of the language. A party attacking a meaning succeeds only if the attacker can propose an alternative, plausible, candidate of meaning. (See, e.g., City of Sacramento v. Public Employees' Retirement System (1994) 22 Cal.App.4th 786, 793-795, 27 Cal.Rptr.2d 545 [discussing claim of statutory ambiguity].)

Other Questions


Does a plaintiff have a claim that is insufficient to satisfy the statutory requirements of a claim? (California, United States of America)
What is the test for making a claim in a small claims action in a motor vehicle case? (California, United States of America)
Can a claimant bring a claim for damages against a public entity under section 946.6 of the California Claims Act for failing to act on a timely claim? (California, United States of America)
How have the courts dealt with claims that a father has forfeited his right to make a claim against the father? (California, United States of America)
Does Essex have a burden of demonstrating a clear abuse of discretion in making a statutory statutory settlement offer? (California, United States of America)
How have the courts dealt with a plaintiff's claim that the death verdict was based on a series of statutory, constitutional and statutory violations? (California, United States of America)
What is the test for making a government claim for money or damages under the Government Claims Act? (California, United States of America)
Does Defendant have a valid claim to be able to claim damages from a defendant who has been found guilty of a similar claim against the Defendant? (California, United States of America)
What is the test for making a mistake of counsel in making a tort claim? (California, United States of America)
Can a claim be made against a claim that there is no assumption of liability or assumption of liabilities by the claim? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.