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Legal Opinions - Yearly Index

Opinions published in 1994

Opinion Question Conclusion Published
94-808 Is a county recorder required to accept for recordation a "Notice of Intent to Preserve an Interest" that specifies an amount of money as the interest in the property and containing the "castle doctrine," i.e., "a man's home is his castle and, hence, he may use all manner of force including deadly force to protect it and its inhabitants from attack?"
A county recorder is not required to accept for recordation a "Notice of Intent to Preserve an Interest" that specifies an amount of money as the interest in the property and containing the "castle doctrine," i.e., "a man's home is his castle and, hence, he may use all manner of force including deadly force to protect it and its inhabitants from attack."

Official Citation: 77 Ops.Cal.Atty.Gen. 242
11/18/1994
94-805 Are the provisions of Penal Code section 313.1 that will be effective January 1, 1995, concerning the sale of harmful matter in vending machines located on public property constitutional? The provisions of Penal Code section 313.1 that will be effective January 1, 1995, concerning the sale of harmful matter in vending machines located on public property are constitutional.

Official Citation: 77 Ops.Cal.Atty.Gen. 235
11/18/1994
94-709 1. Does the authority of a commissioner or deputy commissioner of civil marriages to solemnize marriages extend throughout the state?

2. Does the appointment of a deputy commissioner of civil marriages to solemnize marriages "in and for" a particular county limit the deputy's authority to such county when performing wedding ceremonies?
1. The authority of a commissioner or deputy commissioner of civil marriages to solemnize marriages extends throughout the state.

2. The appointment of a deputy commissioner of civil marriages to solemnize marriages "in and for" a particular county does not limit the deputy's authority to such county when performing wedding ceremonies.

Official Citation: 77 Ops.Cal.Atty.Gen. 220
09/30/1994
94-604 If four adjoining subdivision lots are merged into two subdivision lots for the purpose of placing a mobilehome on each for rental, would the requirements of Mobilehome Parks Act apply to the placement and rental of the mobilehomes? If four adjoining subdivision lots are merged into two subdivision lots for the purpose of placing a mobilehome on each for rental, the requirements of Mobilehome Parks Act would apply to the placement and rental of the mobilehomes.

Official Citation: 77 Ops.Cal.Atty.Gen. 214
09/30/1994
94-603 May a business distribute its advertising flyers in residential neighborhoods by placing them on the driveways, in the yards, or at the front doors of homes without the express consent of the residents? A business may distribute its advertising flyers in residential neighborhoods by placing them on the driveways, in the yards, or at the front doors of homes without the express consent of the residents.

Official Citation: 77 Ops.Cal.Atty.Gen. 193
08/03/1994
94-602 Are cities, counties, and special districts "businesses" required to prepare hazardous materials release response plans under the provisions of the Hazardous Materials Release Response Plans and Inventory Act? Cities, counties, and special districts "businesses" are not required to prepare hazardous materials release response plans under the provisions of the Hazardous Materials Release Response Plans and Inventory Act.

Official Citation: 77 Ops.Cal.Atty.Gen. 227
10/06/1994
94-518 May a city or county require a field survey to be performed and a record of survey to be filed for a lot line adjustment which involves the creation of new points or lines not shown on any subdivision map, official map, or record of survey, the positions of which are not ascertainable from an inspection of the subdivision map, official map, or record of survey without trigonometric calculations? A city or county may not require a field survey to be performed and a record of survey to be filed for a lot line adjustment which involves the creation of new points or lines not shown on any subdivision map, official map, or record of survey, the positions of which are not ascertainable from an inspection of the subdivision map, official map, or record of survey without trigonometric calculations.

Official Citation: 77 Ops.Cal.Atty.Gen. 231
11/18/1994
94-516 For purposes of determining a public employee's right to a paid military leave of absence, is all prior military service to be counted as public agency service when calculating whether the employee has been employed with the public agency for a minimum of one year at the time of taking the military leave? For purposes of determining a public employee's right to a paid military leave of absence, all prior military service is to be counted as public agency service when calculating whether the employee has been employed with the public agency for a minimum of one year at the time of taking the military leave.

Official Citation: 77 Ops.Cal.Atty.Gen. 209
09/07/1994
94-501 Where a school district has included an abstinence-based sex education program as part of its prescribed curriculum, may a classroom teacher decline to present the program material on the basis of an "academic freedom" clause contained in the school district's collective bargaining agreement with its teachers? Where a school district has included an abstinence-based sex education program as part of its prescribed curriculum, a classroom teacher may not decline to present the program material on the basis of an "academic freedom" clause contained in the school district's collective bargaining agreement with its teachers.

Official Citation: 77 Ops.Cal.Atty.Gen. 204
08/31/1994
94-401 May a Local Agency Formation Commission approve the continuation of a county service area within territory to be annexed by a city even though the level of services provided in the area will be the same as the level of services provided b the city to its other residents? A Local Agency Formation Commission may approve the continuation of a county service area within territory to be annexed by a city even though the level of services provided in the area will be the same as the level of services provided b the city to its other residents, but only when the commission finds that (1) discontinuation would deprive the area of services needed to ensure the health, safety, or welfare of the residents and (2) continuation would not affect the ability of the city to provide any services.

Official Citation: 77 Ops.Cal.Atty.Gen. 197
08/31/1994
94-319 When a court orders a defendant to make restitution to a victim of crime as a condition of granting probation, may a county probation department deduct from each restitution payment collected an administrative fee calculated as a fixed percentage of the total amount of restitution ordered by the court? When a court orders a defendant to make restitution to a victim of crime as a condition of granting probation, may a county probation department may not deduct from each restitution payment collected an administrative fee calculated as a fixed percentage of the total amount of restitution ordered by the court.

Official Citation: 77 Ops.Cal.Atty.Gen. 180
06/20/1994
94-316 Does the Board of Administration of the Public Employees' Retirement System have the authority to refuse to pay the monthly allowance otherwise payable to a retiree of the Legislators' Retirement System who has been convicted of felony political corruption charges arising out of his official duties and who has fled the court's jurisdiction to avoid sentencing? The Board of Administration of the Public Employees' Retirement System does not have the authority to refuse to pay the monthly allowance otherwise payable to a retiree of the Legislators' Retirement System who has been convicted of felony political corruption charges arising out of his official duties and who has fled the court's jurisdiction to avoid sentencing.

Official Citation: 77 Ops.Cal.Atty.Gen. 174
07/20/1994
94-310 May a general law city offer an interest-bearing loan to its chief of police for the purchase of a home within the boundaries of the city? A general law city may offer an interest-bearing loan to its chief of police for the purchase of a home within the boundaries of the city.

Official Citation: 77 Ops.Cal.Atty.Gen. 170
07/20/1994
94-305 May a city restrict the number and hours of emergency medical landings and take-offs at a hospital heliport when issuing a conditional use permit for operation of the heliport? A city may not restrict the number and hours of emergency medical landings and take-offs at a hospital heliport when issuing a conditional use permit for operation of the heliport.

Official Citation: 77 Ops.Cal.Atty.Gen. 165
07/20/1994
94-304 Under the provisions of the Subdivision Map Act, may two or more remainder parcels be designated when a developer subdivides portions of more than one parcel for the first phase of a housing development and intends later to subdivide the undeveloped portions for subsequent phases of the development? Under the provisions of the Subdivision Map Act, two or more remainder parcels may not be designated when a developer subdivides portions of more than one parcel for the first phase of a housing development and intends later to subdivide the undeveloped portions for subsequent phases of the development.

Official Citation: 77 Ops.Cal.Atty.Gen. 185
07/21/1994
94-212 Does state law preempt the adoption of a city ordinance which makes it a misdemeanor to sell .22 to .45 caliber ammunition within the boundaries of the city and requires ammunition vendors within the city to record and maintain identification information with respect to each purchaser? State law preempts the adoption of a city ordinance which makes it a misdemeanor to sell .22 to .45 caliber ammunition within the boundaries of the city but does not preempt adoption of a city ordinance which requires ammunition vendors within the city to record and maintain identification information with respect to each purchaser.

Official Citation: 77 Ops.Cal.Atty.Gen. 147
07/07/1994
94-209 The Public Utilities Commission has requested an advisory opinion, pursuant to Public Utilities Code section 854, on the competitive effects of the proposed acquisition of McCaw Cellular Communications, Inc. by American Telephone and Telegraph. 1. The proposed acquisition should not by itself adversely affect competition in the markets for telephone long distance or cellular local or regional services.

2. The potential benefits to the public of the merger would be enhanced if the Bell Operating Companies were permitted to provide cellular long distance services in competition with the merged entity.

Accordingly, we have concluded that the acquisition will not adversely affect competition within the meaning of section 854(b)(2).

Official Citation: 77 Ops.Cal.Atty.Gen. 19
02/09/1994
94-207 May the San Francisco Art Commission consider and approve the architectural design for a terminal at the San Francisco International Airport as required by the city charter if (1) the contract for the design was awarded to an architectural firm chosen by the San Francisco Airports Commission and (2) the architectural firm has as a partner an architect who is also a member of the San Francisco Art Commission? The San Francisco Art Commission may not consider and approve the architectural design for a terminal at the San Francisco International Airport as required by the city charter if (1) the contract for the design was awarded to an architectural firm chosen by the San Francisco Airports Commission and (2) the architectural firm has as a partner an architect who is also a member of the San Francisco Art Commission.

Official Citation: 77 Ops.Cal.Atty.Gen. 112
05/13/1994
94-206 May a city ordinance prohibit the placement of all vending machines on public property located within the city? A city ordinance may not prohibit the placement of all vending machines on public property located within the city to the extent that such prohibition would include newsracks.

Official Citation: 77 Ops.Cal.Atty.Gen. 137
06/06/1994
94-109 May a registered voter request an absentee ballot for more than one election in a single application? A registered voter may not request an absentee ballot for more than one election in a single application except for a special election to fill a vacancy in office when the election includes a special primary election.

Official Citation: 77 Ops.Cal.Atty.Gen. 76
04/01/1994
94-106 Is a city which has previously been required to process its own parking citations now obligated to collect surcharges on its parking penalties for a county which has established a courthouse construction fund or a criminal justice facilities construction fund? Is a city which has previously been required to process its own parking citations is now obligated to collect surcharges on its parking penalties for a county which has established a courthouse construction fund or a criminal justice facilities construction fund.

Official Citation: 77 Ops.Cal.Atty.Gen. 130
06/06/1994
94-102 May a person who represents a group of state lottery ticket purchasers be reimbursed by them for the actual and necessary costs of managing their lottery pool? A person who represents a group of state lottery ticket purchasers may be reimbursed by them for the actual and necessary costs of managing their lottery pool.

Official Citation: 77 Ops.Cal.Atty.Gen. 89
05/03/1994
93-1206 Does a member of a California trial jury have the right to refuse to apply a law he or she believes should not be applied in a particular case, an act commonly referred to as "jury nullification"? A member of a California trial jury does not have the right to refuse to apply a law he or she believes should not be applied in a particular case, an act commonly referred to as "jury nullification."

Official Citation: 77 Ops.Cal.Atty.Gen. 118
05/24/1994
93-1205 1. Did the County of Orange have legal authority to abandon that portion of Newport Coast Drive previously known as Bonita Canyon Road to the San Joaquin Hills Transportation Corridor Agency?

2. Did the County of Orange have legal authority to abandon that portion of Newport Coast Drive previously known as Pelican Hill Road to the San Joaquin Hills Transportation Corridor Agency?

3. Is the Irvine Company precluded from further developing its property if Newport Coast Drive becomes a toll road?

4. Did the San Joaquin Hills Transportation Corridor Agency give sufficient legal notice that it intended to charge a toll for use of Newport Coast Drive?
1. The County of Orange had legal authority to abandon that portion of Newport Coast Drive previously known as Bonita Canyon Road to the San Joaquin Hills Transportation Corridor Agency.

2. The County of Orange had legal authority to abandon that portion of Newport Coast Drive previously known as Pelican Hill Road to the San Joaquin Hills Transportation Corridor Agency.

3. The Irvine Company is not precluded from further developing its property if Newport Coast Drive becomes a toll road.

4. The San Joaquin Hills Transportation Corridor Agency gave sufficient legal notice that it intended to charge a toll for use of Newport Coast Drive.

Official Citation: 77 Ops.Cal.Atty.Gen. 94
05/12/1994
93-1204 May the California Postsecondary Education Commission adopt formal regulations setting forth the standards of review required by Congress for the state postsecondary review program? The California Postsecondary Education Commission may not adopt formal regulations setting forth the standards of review required by Congress for the state postsecondary review program.

Official Citation: 77 Ops.Cal.Atty.Gen. 159
07/20/1994
93-1201 May a school district prohibit its elementary school teachers from wearing buttons expressing political opinions on statewide ballot measures during classroom periods? A school district may prohibit its elementary school teachers from wearing buttons expressing political opinions on statewide ballot measures during classroom periods.

Official Citation: 77 Ops.Cal.Atty.Gen. 56
03/17/1994
93-1104 1. May the Commission on the Status of Women establish a non-profit organization to raise funds for the commission's activities?

2. May the Commission on the Status of Women engage in direct fund raising activities?

3. Are any limitations placed upon the receipt of gifts by the Commission on the Status of Women?
1. The Commission on the Status of Women may not establish a non-profit organization to raise funds for the commission's activities.

2. The Commission on the Status of Women may engage in direct fund raising activities to the extent the activities are necessary, desirable, or proper to carry out the commission's statutory purposes.

3. All gifts of real or personal property, except unconditional gifts of money, received by the Commission on the Status of Women must be approved by the Director of Finance.

Official Citation: 77 Ops.Cal.Atty.Gen. 70
04/01/1994
93-1005 May the card game 21 be played in California under conditions where each player is charged a fixed fee for a designated amount of chips and the playing tie is limited to a specified number of hours? The card game 21 may not be played in California under conditions where each player is charged a fixed fee for a designated amount of chips and the playing tie is limited to a specified number of hours.

Official Citation: 77 Ops.Cal.Atty.Gen. 108
05/13/1994
93-1001 If a county holds a national pollution discharge elimination system permit, may a member of its board of supervisors who receives a significant portion of his or her income from the county be a member of a regional water quality control board? If a county holds a national pollution discharge elimination system permit, a member of its board of supervisors who receives a significant portion of his or her income from the county may not be a member of a regional water quality control board.

Official Citation: 77 Ops.Cal.Atty.Gen. 102
05/13/1994
93-906 The CITY OF VICTORVILLE and the VICTOR VALLEY ECONOMIC DEVELOPMENT AUTHORITY have requested leave to sue in quo warranto to prevent the City of Adelanto and the Redevelopment Agency of Adelanto from developing George Air Force Base. Leave to sue in quo warranto to prevent the City of Adelanto and the redevelopment Agency of Adelanto from redeveloping George Air Force Base is denied.

Official Citation: 77 Ops.Cal.Atty.Gen. 65
04/01/1994
93-904 May two cities and a county enter into an agreement to amend their respective general plans providing for permanent open space in a particular geographical area, with any further amendment to such portion of each entity's general plan not permitted to take effect unless parallel amendments are adopted by the other two entities? Two cities and a county may not enter into an agreement to amend their respective general plans providing for permanent open space in a particular geographical area, with any further amendment to such portion of each entity's general plan not permitted to take effect unless parallel amendments are adopted by the other two entities.

Official Citation: 77 Ops.Cal.Atty.Gen. 13
01/13/1994
93-903 Question requested by Assemblymember Richard K. Rainey:
Does a county board of supervisors have the legal authority to govern the actions of an elected sheriff concerning the manner in which the sheriff's budget allotment is to be spent, including the manner in which personnel will be assigned?

Question requested by Contra Costa County District Attorney Gary T. Yancey:
Does a county board of supervisors have the legal authority to govern the actions of an elected district attorney concerning the manner in which the district attorney's budget allotment is to be spent, including the manner in which personnel will be assigned?
A county board of supervisors is not authorized to govern the actions of a sheriff or district attorney concerning the manner in which their respective budget allotment are expended or the manner in which personnel are assigned.

Official Citation: 77 Ops.Cal.Atty.Gen. 82
05/03/1994
93-901 The Deputy Sheriffs' Association of Santa Clara, Inc. and Armando Tiano (hereafter "relators") have requested leave to sue in quo warranto to test the right of Dennis P. Handis (hereinafter "defendant") to simultaneously hold the offices of chief probation officer and chief officer of the bureau of correction for the County of Santa Clara. Leave to sue is granted to determine whether defendant may simultaneously hold the offices of chief probation officer and chief officer of the bureau of correction for the County of Santa Clara.

Official Citation: 77 Ops.Cal.Atty.Gen. 7
01/13/1994
93-808 THE AD HOC COMMITTEE FOR THE DISSOLUTION OF THE ALLIANCE FOR A DEMOCRATIC CHINA, relator, has requested leave to sue in quo warranto to dissolve the ALLIANCE FOR A DEMOCRATIC CHINA, a California public benefit corporation. Leave to sue in quo warranto to dissolve the Alliance For A Democratic China, a California public benefit corporation, is denied.

Official Citation: 77 Ops.Cal.Atty.Gen. 127
06/06/1994
93-807 May a podiatry referral service for profit direct callers on the following bases: (1) to a service subscriber who pays $500 monthly for a nonexclusive listing according to geographic proximity; (2) to a service subscriber who pays $750 monthly for a semi-exclusive listing within a five-mile radius; and (3) to a service subscriber who pays $1000 monthly for an exclusive listing within a five-mile radius, where the caller may, during the call, request and select an alternative referral? A podiatry referral service for profit may not direct callers on the following bases: (1) to a service subscriber who pays $500 monthly for a nonexclusive listing according to geographic proximity; (2) to a service subscriber who pays $750 monthly for a semi-exclusive listing within a five-mile radius; and (3) to a service subscriber who pays $1000 monthly for an exclusive listing within a five-mile radius, where the caller may, during the call, request and select an alternative referral.

Official Citation: 77 Ops.Cal.Atty.Gen. 143
06/30/1994
93-705 Are the California administrative regulations implementing the provision of personal care services as a Medi-Cal benefit in compliance with state and federal statutes and federal regulations pertaining to (1) the authorized scope of personal care services, (2) physician certification of personal care services, (3) supervision of personal care providers, and (4) standards for personal care provider participation? The California administrative regulations implementing the provision of personal care services as a Medi-Cal benefit are in compliance with state and federal statutes and federal regulations pertaining to (1) the authorized scope of personal care services, (2) physician certification of personal care services, (3) supervision of personal care providers, and (4) standards for personal care provider participation.

Official Citation: 77 Ops.Cal.Atty.Gen. 153
07/20/1994
93-613 May a school board grant fully paid health and welfare benefits to age 65 to its former elective members who have served at least 12 years on the board after January 1, 1981? A school board may grant fully paid health and welfare benefits to age 65 to its former elective members who have served at least 12 years on the board after January 1, 1981, if such benefits are a continuation of a grant made or in effect during the members' respective terms of office and the benefits are provided to large numbers of the school district's employees.

Official Citation: 77 Ops.Cal.Atty.Gen. 50
02/17/1994
93-205 May the California State University voluntarily consider racial, ethnic, and gender characteristics in employing its faculty? The California State University voluntarily may consider racial, ethnic, and gender characteristics in employing its faculty to remedy the effects of its own past discriminatory employment practices. Where evidence of such practices, which must be convincing, is based upon statistical disparity, the comparison must be convincing, is based upon statistical disparity, the comparison must be between the composition of its faculty and the composition of the qualified population in the relevant labor market. The consideration must be closely related to the degree, nature, and extent of such prior discrimination.

Official Citation: 77 Ops.Cal.Atty.Gen. 1
01/13/1994

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