When two laws on the same subject, passed at the same time, are inconsistent with each other, what is the presumption that one law must prevail?
California, United States of America
The following excerpt is from Western Mobilehome Assn. v. County of San Diego, 16 Cal.App.3d 941, 94 Cal.Rptr. 504 (Cal. App. 1971):
The application of that presumption in a particular case must depend upon a real, or at least apparent, conflict or inconsistency between the two statutes. When two laws upon the same subject, passed at different times, are inconsistent with each other, the one last passed must prevail. (Davis v. Whidden, 117 Cal. 618, 622, 49 P. 766.)
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