Skip to main content
DRAFT FOR ATTORNEY REVIEW — NOT FINAL

People Ex Rel. Smith v. Parkmerced Co., 198 Cal. App. 3d 683 (1988)

Citation
People Ex Rel. Smith v. Parkmerced Co., 198 Cal. App. 3d 683 (1988) (5b)
Parent Document
People Ex Rel. Smith v. Parkmerced Co., 198 Cal. App. 3d 683 (1988)
Jurisdiction
California (state)
Effective Date
1988-02-17

Other Sections in This Document (65)

Full Text

2,047 chars
(5b) The Granberry court did not address the constitutional issue, but we agree with their observation that the statute is no model of clarity. (7) However, the primary rule of statutory construction is to "ascertain the intent of the Legislature so as to effectuate the purpose of the law.' [Citation.] In determining such intent `[t]he court turns first to the words themselves for the answer.' [Citation.] We are required to give effect to statutes `according to the usual, ordinary import of the language employed in framing them.' [Citations.] `If possible, significance should be given to every word, phrase, sentence and part of an act in pursuance of the legislative purpose.' [Citation.] `[A] construction making some words surplusage is to be avoided.' [Citation.] `When used in a statute [words] must be construed in context, keeping in mind the nature and obvious purpose of the statute where they appear.' [Citations.] Moreover, the various parts of a statutory enactment must be harmonized by considering the particular clause or section in the context of the statutory framework as a whole. [Citations.]" (Moyer v.Workmen's Comp. Appeals Bd. (1973) 10 Cal.3d 222, 230-231 [110 Cal.Rptr. 144, 514 P.2d 1224].) "[T]he literal meaning of the words of a statute may be disregarded to avoid absurd results or to give effect to manifest purposes that, in the light of the statute's legislative history, appear from its provisions considered as a whole. [Citation.]" (Silver v. Brown (1966)63 Cal.2d 841, 845-846 [48 Cal.Rptr. 609, 409 P.2d 689].) *Page 692 
(5c) The general purpose of section 1950.5 is to limit the amount and use of security deposits in residential leases. The total security which can be collected is limited to an amount equal to two months' rent for unfurnished units, and three months' rent for furnished units, in addition to the first month's rent. This limitation does not prohibit "an advance payment of not less than six months' rent where the term of the lease is six months or longer." (§ 1950.5, subd. (c).)