Case law

Petaluma Savings Bank v. Superior Court

111 Cal. 488 · California Supreme Court · Mar 10, 1896

The receiver first appointed failed to qualify, but on June 27, 1894, Wilson T. Smith—a subsequent appointee—assumed the office and entered upon the discharge of his duties. … Which of these two positions is assumed by respondent is not, as above stated, very clearly indicated by the argument of counsel, and neither is it very clearly to be implied from the order denying plaintiff's application

Veterans' Welfare Board v. Riley

189 Cal. 159 · California Supreme Court · Jun 17, 1922

rule of construction that where a constitution has been prepared by a convention and submitted to the people and adopted as a whole, it will not be assumed that any provision therein was intended to set aside or qualify … So understood, it is not contrary to or inconsistent with the prohibition of section 31 above quoted, but is clearly in harmony with it.

McDowell & Craig v. City of Santa Fe Springs

54 Cal. 2d 33 · California Supreme Court · Apr 19, 1960

Section 35104 of the inhabited act declares, so far as here material, that “To qualify for annexation, new territory shall be contiguous to: (a) The city . . .” In City of Port Hueneme v. … Code, § 35113] ” likewise establishes that contiguity must exist at the time of such resolution of approval.

City of San Jose v. Howard Jarvis Taxpayers Assn.

California Supreme Court · Dec 18, 2025

Rather, the local debt limitation is “clearly . . . confine[d] . . . to those forms of indebtedness and liability which may have been created by the voluntary action of the officials in charge of the affairs of such city. … (The committee had been established by the Legislature for the purpose of issuing and selling these bonds. (Ibid.))

Redevelopment Agency v. County of San Bernardino

21 Cal. 3d 255 · California Supreme Court · May 16, 1978

make augmented property values the source of new tax revenue to be used for servicing tax allocation bonds; to facilitate redevelopment by facilitating the bonds and not to present general government with a tax windfall by immunizing … In approving the parties’ agreement, however, the court in Malaki clearly *264 found that article XVI mandated the agreed upon readjustment.

Mulcahy v. Buckley

100 Cal. 484 · California Supreme Court · Dec 23, 1893

to establish the lien. … If the whole substance of the agreement alleged in *493 the complaint was not expressly admitted in the answer, it is obvious that the qualified and copulative denials relating to the contract were insufficient to raise a

People v. Ziady

8 Cal. 2d 149 · California Supreme Court · Jan 15, 1937

That act conferred upon the defendant, if otherwise qualified, a preference right to make entry ov.er other qualified applicants, provided certain facts and conditions existed. … Clearly then, within the scope of Section 5392, the local land officers in hearing and deciding upon a contest with respect to a homestead entry constituted a competent tribunal, and the contest so pending before them was

Holderby v. International Union of Operating Engineers

45 Cal. 2d 843 · California Supreme Court · Dec 29, 1955

On the motion it was thoroughly established that Holderby was not a qualified engineer and that his actions during the past six months had marked him as an individual undesirable for membership in this Union.” … The exception in such a case would swallow the rule, a result clearly not intended by the cases relied on as authority for the broad interpretation sought by the plaintiff to justify this action.

Judd v. Letts

158 Cal. 359 · California Supreme Court · Sep 8, 1910

The appellant argues that the concluding words of the proviso “upon any railroad, or in the operation of any mine, factory, machine shop or other industrial establishment” qualify all the preceding clauses following the words … Such statements, made out of court, were clearly incompetent. Finally, the appellant urges that a new trial should have been granted for misconduct of the jury.

Stanford v. City of Ontario

6 Cal. 3d 870 · California Supreme Court · Apr 13, 1972

As to the second cause of action, the trial court ruled that plaintiff had failed to establish a contractual relationship between Tennison and the City and had also failed to establish *876 any duty on the part of the City … The present posture of the evidence would clearly support a finding that the excavation was on property of a public entity.

Worthley v. Worthley

44 Cal. 2d 465 · California Supreme Court · Apr 28, 1955

It has also clearly indicated that as to either prospective or retroactive enforcement of such obligations, this state “has at least as much leeway to disregard the judgment, to qualify it, or to depart from it as does the … Robertson, (9 Cir.) 111 F.2d 722, 725 ) and, since the report of the MacDonald ease clearly indicates that it was argued and decided solely on the question of full faith and credit, its authority as precedent is limited to

People v. Benford

53 Cal. 2d 1 · California Supreme Court · Nov 6, 1959

He urges that as a matter of law uncontradieted testimony of a police officer establishes the defense of entrapment. … Also he asks this court to take additional testimony which he says will establish the defense or at least require a new trial.

Murillo v. Fleetwood Enterprises, Inc.

17 Cal. 4th 985 · California Supreme Court · Apr 27, 1998

On appeal, the Court of Appeal reversed the award of costs, finding subdivision (d) of section 6259 of the Government Code established an express exception to the general rule authorizing recovery of costs by a prevailing … For a defendant public agency, it must both prevail and have the trial court conclude the plaintiff’s case was “clearly frivolous.” (Ibid.)

People v. Iams

57 Cal. 115 · California Supreme Court · Jul 1, 1880

Indeed,. this fact was fully established by the dying declaration of the deceased, which was as follows: “April 22nd, 1880. “Ifeel I may die soon, and cannot die till I have told the truth. … Scoggins, 37 Cal. 676 , the Court says: “If the threats of the deceased had been-communicated to the defendant before the killing, the evidence would have been clearly competent.

People v. Garcia

52 Cal. 4th 706 · California Supreme Court · Aug 25, 2011

Second, Castaneda found the statistical showing clearly sufficient for prima facie case standards. … The interviewer is asked to rate the candidate, and to note the rating on the application (i.e., “exceptionally well qualified,” “well qualified,” “qualified,” and “uncertain”).

Hinojosa v. Workmen's Compensation Appeals Board

8 Cal. 3d 150 · California Supreme Court · Oct 18, 1972

On the other hand, as we have set forth above, a multitude of situations clearly call for protection of the employee. … We now turn to cases that establish that the extraordinary, or, indeed “special,” situation does stand apart from the routine one.

Alaska Packers Ass'n v. Industrial Accident Commission

1 Cal. 2d 250 · California Supreme Court · Jul 5, 1934

to do business in Alaska, had filed in the office of the clerk of the District Court, Third Judicial Division, at Valdez, Alaska, its articles of incorporation and other papers qualifying it to do business in Alaska, and … The United States Supreme Court has held in a ease where the contract of employment was made in Vermont, the principal employment was located there and the Vermont statute was elective and clearly exclusive (i. e., precluded

Kumar v. Superior Court

32 Cal. 3d 689 · California Supreme Court · Oct 28, 1982

[H] The Court clearly has jurisdiction to hear this matter and render a decision on the merits. … (Actually, California would undoubtedly qualify as Sunjay’s “home state.”) (§ 5152, subd.

Jarvis v. Cory

28 Cal. 3d 562 · California Supreme Court · Dec 18, 1980

Recent events make these adjustments necessary to ensure the continued recruitment and retention of qualified and competent state employees. … His action came within one month of the enactment of Proposition 13, clearly at a time when the actual effect of that provision was only speculative.

People v. Gilbert

1 Cal. 3d 475 · California Supreme Court · Dec 23, 1969

If the clause as to false statements dealt only with statements made in attempting to obtain aid, that clause would clearly add nothing to the clause as to attempts. … His children are needy and may qualify for AFDC as a separate case if his income is less than the need.”