Helpful Statutory Interpretation Guidelines in California Statutes

Helpful Statutory Interpretation Guidelines in California Statutes By Chris Micheli

            In reading the California Code of Civil Procedure, I came across Article 1 of Chapter 2 of Title 7 of Part 3. Article 1 is titled, “Construction.” This provides several helpful statutory interpretation or construction principles that are actually applicable throughout California’s 29 Codes that contain over 155,000 statutory sections of law.

            Section 1235.020 states: “Chapter, article, and section headings do not in any manner affect the scope, meaning, or intent of the provisions of this title.”

            Section 1235.030 provides: “Whenever any reference is made to any portion of this title or to any other statute, such reference shall apply to all amendments and additions heretofore or hereafter made.”

            Section 1235.040 specifies: “Unless otherwise expressly stated:

(a) “Chapter” means a chapter of this title.

(b) “Article” means an article of the chapter in which that term occurs.

(c) “Section” means a section of this code.

(d) “Subdivision” means a subdivision of the section in which that term occurs.

(e) “Paragraph” means a paragraph of the subdivision in which that term occurs.”

            Section 1235.050 states: “The present tense includes the past and future tenses; and the future, the present.”

            Section 1235.060 provides: ““Shall” is mandatory and “may” is permissive.”

            Section 1235.070 includes the following severability clause: “If any provision or clause of this title or application thereof to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of the title that can be given effect without the invalid provision or application, and to this end the provisions of this title are severable.”

            As the reader can see, these CCP sections are helpful guidance for all Codes used in California.

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