 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Delaney v. Baker3/4/1999
t evidence of legislative intent].) ` "Although a legislative counsel's digest may be helpful in interpreting an ambiguous statute, it is not the law.' " (In re Barry W. (1993) 21 Cal.App.4th 358, 367, citation omitted.) We will not disregard the problems that we find in interpreting the statute in the fashion advocated by [defendants] simply as a result of this (or similar) inconclusive and ambiguous comments in the legislative history. [Fn. omitted.] (See J.A. Jones Construction Co. v. Superior Court (1994) 27 Cal.App.4th 1568, 1578 [`wisest course is to rely on legislative history only when that history itself is unambiguous'].)"
Although the court was responding to defendants' arguments regarding the significance of this legislative statement, its observations are equally apposite to the majority's criticism.
The Court of Appeal's interpretation has the further virtue of avoiding another foray into the Central Pathology thicket. (Central Pathology Service Medical Clinic, Inc. v. Superior Court (1992) 3 Cal.4th 181.) The result in that case was undoubtedly correct with respect to Code of Civil Procedure section 425.13. As we are now seeing, however, the analysis is far from a suitable template for construing different statutory language enacted to address different concerns. Despite its extended Discussion, the majority essentially determines nothing more than that "based on professional negligence" means whatever this court says at any particular moment. (See maj. opn., ante, at pp. 21-22, 23-24.) Under the Court of Appeal's analysis, it is unnecessary to address the meaning of this phrase here "because [defendants'] appeal fails even if the phrase includes a case alleging reckless neglect."
For the foregoing reasons, I would affirm the judgment but on the analytical basis set forth by the Court of Appeal.
BROWN, J.
Unpublished Opinion
Original Appeal
Original Proceeding
Review Granted XXX 59 Cal.App.4th 1403
Rehearing Granted
Opinion No. S067060
Date Filed: March 4, 1999
Court: Superior
County: Lake
Judge: Anthony P. Bellante* *Retired Judge of the former Justice Court for the Northlake Judicial District, assigned by the Chief Justice pursuant to article VI, section 6 of the California Constitution.
Page 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 California Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|