Adamson Companies v. Zipp, 163 Cal. App. 3d 1 (1984)

Citation: Adamson Companies v. Zipp, 163 Cal. App. 3d 1 (1984) (6)
Parent Document: Adamson Companies v. Zipp, 163 Cal. App. 3d 1 (1984)
Jurisdiction: California (state)
Effective Date: 1984-11-15
Original Source: https://www.courtlistener.com/opinion/2139884/adamson-companies-v-zipp/ ↗

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(6), (7) We begin our analysis with the elementary rules that courts are required to construe statutory provisions in harmony in order to effectuate them whenever possible; there exists a presumption against repeals by implication. (In re Thierry S. (1977) 19 Cal.3d 727, 744 [139 Cal. Rptr. 708, 566 P.2d 610].) (8) Only in the case of an irreconcilable conflict among statutory provisions dealing with the same subject and where no rational basis exists for harmonizing potentially conflicting statutes may a court properly determine that a specific provision governs over a more general, conflicting one. For repeals by implication are disfavored. They exist only by express declaration of legislative intent or by necessary implication. (In re Thierry S., supra; Fuentes v. Workers' Comp. Appeals Bd. (1976) 16 Cal.3d 1, 7 [128 Cal. Rptr. 673, 547 P.2d 449]; see also, Palmer v. Agee, supra, 87 Cal. App.3d 377, 383.) (9) Finally, we must assume that in enacting a statute the Legislature is aware of existing related law and intends to maintain a consistent body of rules. (Fuentes v. Workers' Comp. Appeals Bd., supra, 16 Cal.3d 1.) These rules require us to determine whether the Unruh Civil Rights Act, the Mobilehome Parks Act, and the Mobilehome Residency Law deal with the same subject insofar as age restrictions in mobilehome park tenancies are concerned. In this determination the purposes and legislative objectives sought to be achieved are significant factors. (Cal. Drive-in Restaurant Assn. v. Clark (1943) 22 Cal.2d 287, 292 [140 P.2d 657, 147 A.L.R. 1028].)

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