Section 1942

Citation: Section 1942
Parent Document: Winslett v. 1811 27th Ave., LLC, 237 Cal. Rptr. 3d 25 (2018)
Jurisdiction: California (state)
Effective Date: 2018-08-15
Original Source: https://www.courtlistener.com/opinion/6239848/winslett-v-1811-27th-ave-llc/ ↗

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*39Bearing in mind that "the distinction between state and local laws" is "[f]undamental to the doctrine of preemption," the court explained that "local governments lack the authority to craft their own exceptions to general state laws." ( Ibid . ) By contrast, the court cited a list of illustrative cases where it found statutory exceptions to the litigation privilege. ( Id. at p. 1246, 63 Cal.Rptr.3d 398, 163 P.3d 89.) "[O]ur recognition of ... [such] exceptions," the court said, "has been guided by the 'rule of statutory construction that particular provisions will prevail over general provisions.' " ( Ibid . ) In each case, the statute involved was "more specific than the litigation privilege and would be significantly or wholly inoperable if its enforcement were barred when in conflict with the privilege." ( Ibid . ) 3. Litigation Privilege Must Yield to Section 1942.5

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