Case law

Rosen v. State Farm General Insurance

135 Cal. Rptr. 2d 361 · California Supreme Court · Jun 12, 2003

Establishes definitions of construction defects. … Provides third-party inspectors with immunity from liability.” (Judicial Council of Cal., Court News Special Ed., 2002 Legis.

People v. Fauber

2 Cal. 4th 792 · California Supreme Court · Jun 18, 1992

Defendant has failed to establish he is entitled to relief. … The prosecutor said, “Mel Rowan received immunity in this case. Mr.

Copley Press, Inc. v. Superior Court

48 Cal. Rptr. 3d 183 · California Supreme Court · Aug 31, 2006

particular case the public interest served by not disclosing the record clearly outweighs the public interest served by disclosure of the record.” … Unconstitutionality must be clearly, positively, and certainly shown by the party attacking the statute, and we resolve doubts in favor of the statute’s validity. (Ibid.; Metropolitan Co. v.

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.

Wells v. Lloyd IV

6 Cal. 2d 70 · California Supreme Court · Apr 6, 1936

But we think there is no reason why the rule of implied waiver should ever be followed except where it clearly appears that the parties have agreed that the evidence upon all of the material issues is unconflicting. … The officers and directors of Bay Cities Association presumably knew what was required in order to qualify the Lloyd Association.

Decker v. Occidental Life Insurance

70 Cal. 2d 842 · California Supreme Court · Apr 18, 1969

That such was the case is ■ clearly established by the controlling decisions, particularly Fritschi v. … Section 310 relates to the life insurance here in suit; thus, all qualified applicants (for farm or home purchase) are required to apply therefor, the acceptability of the applicant will be determined by the underwriting

Clark v. Phœnix Insurance

36 Cal. 168 · California Supreme Court · Oct 15, 1868

Although a sworn estimate greatly exceeding the real loss might be a circumstance tending to show vicious intent, the simple fact of over-estimate clearly should not be conclusive upon the question of fraud, as it may have … been the result of honest error of judgment; hence, the word much, as used in the qualifying instruction, was calculated to mislead the jury, and ought not to have been used.

Committee of Seven Thousand v. Superior Court

45 Cal. 3d 491 · California Supreme Court · May 31, 1988

under color of a special "authorizing" state statute is immune from the initiative power. … App.3d at p. 246 ["we are persuaded that the Legislature's intent to occupy the field ... is clearly established"]; Mervynne v. Acker, supra, 189 Cal.

Keller v. Thornton Canning Co.

66 Cal. 2d 963 · California Supreme Court · Jul 3, 1967

“It is unlawful for any highway permit carrier [5] to charge or collect any lesser rate than the minimum rate . . . established by the commission under this article.” (Pub. Util. Code, § 3664.) … The Court of Appeal in Orlinoff correctly noted that the Highway Carriers Act “is clearly one for regulation of the industry and not for revenue alone.” (P. 385.)

Michaelis, Montanari & Johnson v. Superior Court

44 Cal. Rptr. 3d 663 · California Supreme Court · Jun 22, 2006

Romo’s letter noted the “long-established practice of most governmental agencies to make RFP proposals available for public review at the time the contract is presented to the awarding authority [i.e., the Board] for award … On June 30, 2004, LAWA mailed letters to all the bidders announcing that its evaluation panel was recommending Castle & Cooke Aviation Services as the best-qualified firm for the project.

Regents of University of California v. Public Employment Relations Board

41 Cal. 3d 601 · California Supreme Court · Apr 3, 1986

The Legislature has clearly not instructed PERB to confine its inquiry to the students’ state of mind. … The plain meaning of clause [1] of subdivision (f) thus is a qualified partial rejection of this approach.

Sandstrom v. California Horse Racing Board

31 Cal. 2d 401 · California Supreme Court · Feb 3, 1948

But this does not render it immune to the due process provisions of the Constitution. … As a fortress for the protection of these rights our judicial system was established.

People v. Castillo

49 Cal. 4th 145 · California Supreme Court · May 24, 2010

Even before Proposition 83 officially qualified for the ballot, but in light of that impending initiative measure, Senate Bill No. 1128 (2005-2006 Reg. … proper subject for stipulation of the parties, but is a matter for the courts”]; In re Marriage of Fithian (1977) 74 Cal.App.3d 397, 403 [ 141 Cal.Rptr. 506 ] [“A stipulation is not binding if, as a matter of law, it is clearly

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 .

McCord v. Kristovich

3 Cal. 3d 646 · California Supreme Court · Dec 16, 1970

He relies upon the established principle that a probate court has only those powers granted by statute and such incidental powers as enable it to exercise the powers granted. (McPike v. … Indeed, the findings of the trial court clearly establish that the overriding objective of the order was to enable the conservator to contact relatives of Harvey so’that1 they could fender advice regarding his future care

Sanchez v. Unemployment Insurance Appeals Board

20 Cal. 3d 55 · California Supreme Court · Oct 5, 1977

He further found that “the evidence established that Saturday work in restaurants is required.” … Civil Code section 197 establishes a right of custody in the parents of an unmarried minor child.

Ford Dealers Assn. v. Department of Motor Vehicles

32 Cal. 3d 347 · California Supreme Court · Sep 7, 1982

Code, § 11440, establishing a procedure for obtaining a judicial declaration as to the validity of an administrative regulation.) … Regulation 404.09 provides: “404.09 Qualifying Statements.

People v. Town of Ontario

148 Cal. 625 · California Supreme Court · Feb 3, 1906

Any other *Page 635 construction of the act of 1899 would materially affect the act of 1889, which it is clearly indicated was never intended. 3. … *Page 639 A notice signed by the acting president of the board and attested by the town clerk and published by order of the board clearly answered every requirement. 7.

People v. Price

1 Cal. 4th 324 · California Supreme Court · Dec 30, 1991

witness immunity. … reference clearly violated the court’s earlier ruling.

Far West Financial Corp. v. D & S Company

46 Cal. 3d 796 · California Supreme Court · Sep 15, 1988

The point was made even more clearly in Mesler v. … When section 877.6(c) was enacted, therefore, neither American Motorcycle nor any other authority had established that a fault-source tortfeasor could achieve immunity from indemnity claims based on vicarious liability by