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How Do California Courts Define an Ambiguous Statute?

An ambiguity does not arise simply because a party offers a creative or strained reading

By Chris Micheli, November 15, 2026 2:00 pm

California courts define the threshold for statutory ambiguity as whether the language of the statute is susceptible to more than one reasonable interpretation. 

An ambiguity does not arise simply because a party offers a creative or strained reading. Instead, the language must be semantically, syntactically, or contextually open to two or more reasonable or plausible interpretations. Even if a statute appears clear and single-meaning on its face (“patent ambiguity”), California courts allow a provisional inquiry into extrinsic circumstances or context to see if a hidden (“latent”) ambiguity exists.

A latent ambiguity occurs when the clear text creates an uncertainty or conflict only when applied to real-world facts (as defined in Mosk v. Superior Court). If one of the proposed interpretations leads to an absurd result or is clearly unreasonable given the overall context and purpose of the statute, it does not make the statute ambiguous.

When California courts cross the threshold and determine a statute is genuinely ambiguous, they look beyond the text to uncover legislative intent by examining:

Legislative History: Committee reports, bill analyses, and legislative intent declarations.

Statutory Scheme and Purpose: How the provision fits into the broader act or Code.

Canons of Construction: Interpretive guides (such as noscitur a sociis) or tie-breaking substantive canons (such as the rule of lenity in criminal cases).

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