Case law

People v. Troche

206 Cal. 35 · California Supreme Court · Dec 27, 1928

, well qualified and lawful men, disinterested and impartial, not of kin nor personal dependents of either of the parties, having their homes within the jurisdictional limits of the court, drawn and selected by officers free … Under full and accurate instructions on the subject of insanity, as viewed in this state, when interposed by one seeking immunity from punishment for a crime committed, the jury found that the *51 defendant was sane at the

California Federal Savings & Loan Ass'n v. City of Los Angeles

54 Cal. 3d 1 · California Supreme Court · Jul 29, 1991

The City defended on the ground that its tax was a local revenue measure to raise funds for local expenditure and that as such it qualified as a “municipal affair” immune from state legislative interference by virtue of article … That section established the Financial Aid to Local Agencies (FALA) fund.

Overacre v. Blake

82 Cal. 77 · California Supreme Court · Dec 16, 1889

Rowell was a notary public, duly commissioned, qualified, and acting as such, and that the present defendants were the sureties on his official bond; also, that on that day one Alexander Wilson was the owner of a half-interest … We are clearly of opinion that the facts found do not justify the conclusions of law, or support the judgment.

Property Reserve, Inc. v. Superior Court of San Joaquin County

1 Cal. 5th 151 · California Supreme Court · Jul 21, 2016

Rep. at pp. 811-812; see also A Study Relating to Sovereign Immunity (Jan., 1963) 5 Cal. Law Revision Com. … constitutional prescriptions clearly in mind.

People v. Superior Court

58 Cal. Rptr. 3d 421 · California Supreme Court · May 21, 2007

Morales, supra, 5 Cal.App.4th at p. 926 ), but also with the “fairly general agreement . . . that slight acts are enough when the intent to murder is clearly shown.” … Conduct that qualifies as mere preparation and conduct that qualifies as a direct but ineffectual act toward commission of the crime exist on a continuum, “ ‘since all acts leading up to the ultimate consummation of a crime

Anthony v. Jillson

83 Cal. 296 · California Supreme Court · Mar 1, 1890

And as a matter of course, where the party claims under a location made by another, he must show that the location was properly made by a qualified person. … It is sufficient to say that in our opinion there are several particulars in which it clearly fails to make out a case of right in the defendants against the United States.

Carroll v. California Horse Racing Board

16 Cal. 2d 164 · California Supreme Court · Aug 26, 1940

The controversy which is before this court upon an appeal from a judgment ordering a writ of mandate to issue, concerns the right of the Horse Racing Board, established under the provisions of the California Horse Racing … Section 3 provides in part: “No qualified person shall be refused such license, nor shall such license be revoked without just cause.”

Patton v. La Bree

60 Cal. 2d 606 · California Supreme Court · Dec 13, 1963

in that amendment, as applied to plaintiff, is arbitrary, unreasonable and capricious, and is, therefore, unconstitutional. *610 As the majority opinion admits, prior to the 1961 amendment to the section, the complaint clearly … Section 21 of article I provides in part: "... nor shall any citizen, or class of citizens, be granted privileges or immunities which, upon the same terms, shall not be granted to all citizens." NOTES [fn. 1] 1.

New Method Laundry Co. v. MacCann

174 Cal. 26 · California Supreme Court · Dec 15, 1916

The court remarked: “All that clearly appears is that he undertook to use in his new employment the knowledge he had acquired in the old. … While the opinion *35 does not qualify the term “receiving,” which appears in the injunction, there is nothing therein which indicates that the court intended to hold that an employee, in the absence of an express contract

Diamond Multimedia Systems, Inc. v. Superior Court

80 Cal. Rptr. 2d 828 · California Supreme Court · Jan 4, 1999

The price of most stock is established *1054 on a national market. … Section 25008 clearly contemplates interstate transactions.

Munro v. Pacific Coast Dredging & Reclamation Co.

84 Cal. 515 · California Supreme Court · Jun 12, 1890

In our judgment, the direction embraced all the material issues in the complaint, the finding on which -was necessary to establish the cause of action against the defendant. … The evidence shows clearly that this blast was exploded in a thickly settled portion of the city.

California Educational Facilities Authority v. Priest

12 Cal. 3d 593 · California Supreme Court · Sep 25, 1974

Under this section, the fact that a statute has some identifiable secular objective will not immunize it from further analysis to ascertain whether it also has the direct, immediate, and substantial effect of advancing religion … Other constitutional objections to this legislation are clearly untenable.

Quishenberry v. UnitedHealthcare, Inc.

California Supreme Court · Jul 13, 2023

Quishenberry’s complaint makes clear, however, that the resolution of his claims against UnitedHealthcare and Healthcare Partners would ultimately turn on the determination whether his father qualified for additional skilled … This case does not directly implicate the Attorney General’s enforcement powers and nothing we say here would provide MA plans with blanket immunity from basic health and safety obligations grounded in state-law standards

James v. Marinship Corp.

25 Cal. 2d 721 · California Supreme Court · Dec 30, 1944

It seems to me necessarily to follow that the union must either surrender its monopoly or else admit to membership all qualified persons. . . . … The foregoing illustrations drawn from the complaint and the union rules clearly establish substantial discrimination against Negro workers who accept membership in the auxiliary local.

Wilson v. Nugent

125 Cal. 280 · California Supreme Court · Jul 6, 1899

After the said plaintiff had qualified as assignee and prior to June 3, 1896, he notified defendant in writing of his election and qualification as assignee, and of his claim to the eight hundred and thirty-six dollars, and … Plaintiff clearly had the right to claim that the liens were invalid, and, if their invalidity should be established, to claim the fund as the representative of the general creditors of De Gear.

People v. Dabb

32 Cal. 2d 491 · California Supreme Court · Aug 30, 1948

The evidence was clearly sufficient to sustain the judgments. … The police officer who heard the oral confessions testified that the statements were made voluntarily without force or threat of force and without offer of reward or promise of immunity.

McClenahan v. Keyes

188 Cal. 574 · California Supreme Court · Apr 4, 1922

Plaintiff relies upon this statement of the mother to establish his right to recover for the services already rendered by him in caring for the daughter, and those subsequently rendered in earing for her, and also as establishing … Rehearing denied, the Justices qualified to act not agreeing upon a rehearing.

People v. Farmer

47 Cal. 3d 888 · California Supreme Court · Jan 12, 1989

Reed had received immunity for the sale of illegal drugs and for his possession, while a former felon, of a handgun. … It was quite clearly intended to be understood as summarizing the message he had been trying to convey throughout his argument.

People v. Daniels

52 Cal. 3d 815 · California Supreme Court · Jan 7, 1991

A defendant’s reiterated denial of guilt and the principal facts that purportedly establish it does not justify the prosecution’s introduction of new evidence to establish that which defendant would clearly have denied from … Thus the expert evidence here was far more limited and qualified than in Murtishaw .

In re Cipro Cases I & II

61 Cal. 4th 116 · California Supreme Court · May 7, 2015

Under federal antitrust law, these settlements are not immune from scrutiny, even if they limit competition no more than a valid patent would have. (Federal Trade Commission v. … L.Ed.2d at p. 363, 133 S.Ct. at p. 2236].) 20 Some kinds of evidence may also be suspect: once a brand and generic challenger settle, their incentives align in favor of arguing that the patent was stronger and more clearly