What is the test for the purpose of a statutory amendment to the California Code of Civil Procedure in the context of a medical malpractice case?

California, United States of America


The following excerpt is from Alford v. Pierno, 104 Cal.Rptr. 110, 27 Cal.App.3d 682 (Cal. App. 1972):

The apparent purpose of a statute will not be sacrificed to a literal construction. (Select Base Materials v. Board of Equal., Supra, 51 Cal.2d 640, 645, 335 P.2d 672; Ivens v. Simon, Supra, 212 Cal.App.2d 177, 181, 27 Cal.Rptr. 801.)

Lastly, 'Remedial statutes such as (the one) under consideration are to be liberally construed. (Citation.) They are not construed within narrow limits of the letter of the law, but rather are to be given liberal effect to promote the general object sought to be accomplished. (Citation.)' (California Grape etc. League v. Industrial Welfare Com. (1969) 268 Cal.App.2d 692, 698, 74 Cal.Rptr. 313, 316.)

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