Case law

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.

Santa Monica Beach, Ltd. v. Superior Court

81 Cal. Rptr. 2d 93 · California Supreme Court · Jan 4, 1999

feature of [rent control] is not that it permits wealth transfers to be achieved that could not be achieved otherwise; but rather that it permits them to be achieved ‘off budget,’ with relative invisibility and . . . relative immunity … Where the connection between the regulation and its purported ends is both indirect and conjectural, or clearly disproportionate, fairness and justice require that compensation be paid.

Henry Cowell Lime & Cement Co. v. Industrial Accident Commission

211 Cal. 154 · California Supreme Court · Dec 24, 1930

If this implied finding is sustained by the evidence, then the award is immune from attack in so far as said attack is based upon the statute of limitations. … This brought Cabral’s claim clearly within the rule established by section 11 (e) of the Workmen’s Compensation Act as one founded upon a new and further disability.

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

People v. Price

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

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

Ferrara v. Belanger

18 Cal. 3d 253 · California Supreme Court · Nov 9, 1976

At the time the petition was filed, Union City’s municipal code specifically prohibited the maintenance of such establishments. … Section 5011 provides in full: “If there is no other method provided by general law, or, in the case of a chartered city, by the charter or by city ordinance, arguments for and against any city measure may be submitted to the qualified

People v. Guzman

25 Cal. Rptr. 3d 761 · California Supreme Court · Mar 21, 2005

Clearly, this change would represent a major expansion of the Act. … He thus does not appear to qualify as a probationer charged with simple drug possession or use.

Foothill Junior College District v. Board of Supervisors

57 Cal. 2d 771 · California Supreme Court · Jun 4, 1962

Pursuant to an election, plaintiff district was established on July 1, 1957. … That is a fixed and certain amount already established, and not, as in most estimates for tax purposes, an approximation of future expenditures.

People v. Superior Court

6 Cal. 3d 704 · California Supreme Court · Feb 29, 1972

observe, however, that the informant’s statements regarding Stanley Johnson are conclusionary (ante, p. 713) and that his reference to fluid used in making licenses may constitute an opinion which the informant was not qualified … I conclude that the affidavit was clearly insufficient to justify search of the 41st Place location.

Spier v. Baker

120 Cal. 370 · California Supreme Court · Mar 24, 1898

so qualified of such right—the act is void as an attempted exercise of power it does not possess. … The power of the legislature to establish a test for voters at any election presents a matter demanding the most serious consideration.

Ichizo Sato v. Hall

191 Cal. 510 · California Supreme Court · Jul 26, 1923

Petitioner presented his *512 certificate to defendant, and demanded that his name be placed on the register in order to qualify him to vote. … This act of June 29, 1906, entitled “An act to establish a Bureau of Immigration and Naturalization, and to provide for a uniform rule for the naturalization of aliens throughout the United States,” consists of thirty-one

International Society for Krishna Consciousness of California, Inc. v. City of Los Angeles

48 Cal. 4th 446 · California Supreme Court · Mar 25, 2010

It is well established that public areas such as streets and parks are public forums for free expression. … Such use of the streets and public places has, from ancient times, been a part of the privileges, immunities, rights, and liberties of citizens.

Neel v. Magana, Olney, Levy, Cathcart & Gelfand

6 Cal. 3d 176 · California Supreme Court · Dec 2, 1971

This inference of passive approval clearly falters in the present case. The rule against delayed accrual dates only from Griffith v. … Defendants finally contend that any decision establishing a rule delaying accrual until discovery should be given purely prospective effect.

McCallion v. Hibernia Savings & Loan Society

70 Cal. 163 · California Supreme Court · Jul 19, 1886

As to the second finding, the evidence contained in the record clearly shows that the “ division ” was organized by authority, in January, 1869, as a voluntary Catholic association or society for benevolent purposes; that … the names of five hundred members, and on deposit in bank several thousands of dollars; that it held annual elections of officers in June of each year, and that, in June, 1878, the plaintiffs were regularly elected and qualified

McDonald v. Randall

139 Cal. 246 · California Supreme Court · Jun 9, 1903

If the consideration was sufficient to support the promise of the husband upon the new note, clearly it must be held to be sufficient to support the mortgage given by the wife to secure the same contemporaneously with the … It could not have been intended to establish the proposition that a note executed by a surety at the request of the principal, and simultaneously with him, may have a consideration sufficiently valuable, as the law defines

Pon v. Wittman

147 Cal. 280 · California Supreme Court · Jul 10, 1905

Street,” and the injunction runs against the appellants to restrain them not only from interfering with the business of plaintiff, but also “from entering upon the said premises No. 1129 Dupont Street,” etc., the evidence clearly … No public place whose existence is devoted exclusively to vice can claim immunity from the peaceful presence of the officer upon its public passageways and approaches with a view of suppressing it.

Hoechst Celanese Corp. v. Franchise Tax Board

106 Cal. Rptr. 2d 548 · California Supreme Court · May 14, 2001

It was a qualified plan under Internal Revenue Code section 401(a) ( 26 U.S.C. § 401 (a)) and covered both active *514 and retired employees. … Not surprisingly, Hoechst contends the statutory definition of business income establishes only a transactional test, while the Board contends the definition establishes both a transactional and functional test.

International Federation of Professional & Technical Engineers, Local 21 v. Superior Court

64 Cal. Rptr. 3d 693 · California Supreme Court · Aug 27, 2007

The records sought here—the name of each employee of the City of Oakland (the City) who earned at least $100,000 in fiscal year 2003-2004 linked to the employee’s gross salary—clearly qualify *351 under that definition. … Penal Code sections 832.7 and 832.8 establish a disclosure exception under the CPRA by virtue of Government Code sections 6254, subdivision (k), and 6276.34. (See Copley Press, Inc. v.

Longshore v. County of Ventura

25 Cal. 3d 14 · California Supreme Court · Aug 22, 1979

The Claims Statute and Sovereign Immunity At the outset, defendants contend that the first and second causes of action must fall because they fail to allege prior presentation and rejection of a claim. (§ 945.4.) … In each of these instances the potential injustice to employees or their dependents clearly outweighed any adverse effects on established public policy.

Eleazer v. Superior Court

1 Cal. 3d 847 · California Supreme Court · Jan 30, 1970

locate the informer. [5] The present case, moreover, does not merely involve an insufficiency of government knowledge; here the police deliberately resolved to make no effort to learn the residence of the informer or to establish … Compensation may be cash, as in this case, but may also consist of promises of immunity or of lessened charges or punishment. The "reasonable effort" required will, of course, depend on the facts of each case.