Section 789

Citation: Section 789
Parent Document: Hale v. Morgan, 584 P.2d 512 (1978)
Jurisdiction: California (state)
Effective Date: 1978-09-28
Original Source: https://www.courtlistener.com/opinion/1160324/hale-v-morgan/ ↗

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Uniformly, we have looked with disfavor on ever-mounting penalties and have narrowly construed the statutes which either require or permit them. For example, in People ex rel. Younger v. Superior Court (1976) 16 Cal.3d 30 [127 Cal. Rptr. 122, 544 P.2d 1322], we examined Water Code section 13350, subdivision (a), which exposes any person who intentionally or negligently causes or permits oil to be deposited on state waters in violation of water pollution standards, to a penalty of $6,000 "for each day in which such violation or deposit occurs." We rejected a contention that imposition of the statutory penalty continued for so long as the oil *402 spill remained on the water, holding, rather, that it could be assessed only for those days on which the process of deposit continued. (Id., at pp. 42-44; compare Health & Saf. Code, § 42401 [up to $6,000 for each day in which air pollution standards are violated].)

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