Case law

Savings & Loan Society v. Austin

46 Cal. 415 · California Supreme Court · Jul 1, 1873

it was claimed that its establishment was authorized by the language of this section of the Constitution. … But the scope" of its power as defined in the Code goes clearly beyond this limit, and requires of the Board the exercise of its own discretion and its own judgment in a calculation of probabilities which it is required to

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. Murphy

8 Cal. 3d 349 · California Supreme Court · Nov 27, 1972

brother, Richard, authorized Deputy Sheriff William Allen to conceal a transmitting device in Richard’s clothing and to intercept and record a conversation between him, his brother and defendant. 4 Jerry Carnes was granted immunity … There was other testimony which tended to establish that defendant had reason to bring about his wife’s death.

Gilson v. Robinson

68 Cal. 539 · California Supreme Court · Feb 19, 1886

All the land in the township was agricultural land, and fit for cultivation, and each of the applicants was qualified and competent to purchase school land from the state.' 1. … Section 12 of the- act as amended in 1870 (Stats. 1869-70, p. 875) provides: “That in cases where the townships have not been subdivided, but township and other lines have been established so as to clearly show that a tract

People v. Modesto

59 Cal. 2d 722 · California Supreme Court · Jun 4, 1963

The evidence in the present case clearly establishes that the homicide and the felony, if any, were part of one continuous transaction. … The evidence was clearly admissible for that purpose. (People v. Brown, 49 Cal.2d 577, 585 [ 320 P.2d 5 ].)

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.

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.

Sutphin v. Speik

15 Cal. 2d 195 · California Supreme Court · Feb 29, 1940

), are clearly immaterial matters. … The agreement clearly has no relation to the rights of the plaintiff under the assignment.

Christoff v. Nestle USA, Inc.

47 Cal. 4th 468 · California Supreme Court · Aug 17, 2009

Bugliosi (1980) 108 Cal.App.3d 327, 332 [ 166 Cal.Rptr. 526 ] [“the Uniform Single Publication Act.. . was not designed to give unending immunity for repeated publications of libelous matter”].) … In order to establish a delayed discovery Mr.

Elevator Operators & Starters' Union v. Newman

30 Cal. 2d 799 · California Supreme Court · Oct 28, 1947

The court clearly distinguished the case from cases in which the member had acquired a right to sickness benefits for a speci *805 fied period of time. ( 82 Cal. 557, 561-562 .) … There is even more reason to allow an unincorporated association to remove officers who have lost the confidence of the members or who refuse to conform to the policies established by the association.

Childress v. Peterson

18 Cal. 2d 636 · California Supreme Court · Sep 30, 1941

The evidence establishes the correctness of its findings and conclusions. … At any rate the notices were clearly defective and could not serve as a basis for proceedings leading to plaintiffs’ suspension or discharge. The judgment is affirmed. Gibson, C.

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.”

In re Shipp

62 Cal. 2d 547 · California Supreme Court · Mar 12, 1965

officers who had been involved in the interrogation testified that petitioner’s statements were given freely and voluntarily and that the police neither used force or violence against petitioner nor promised petitioner immunity … The cases clearly hold that petitioner must not only allege with particularity the facts upon which he would attack the final judgment but likewise his reasons for the delayed presentation of such facts.

People v. Chambers

7 Cal. 3d 666 · California Supreme Court · Jul 24, 1972

The denial of the motion to withdraw the jury trial waiver under these circumstances was clearly not an abuse of discretion. Relying upon People v. … years in prison. 8 Where, as in section 1202b, legislative intent is clearly expressed on the face of a statute its meaning cannot be challenged.

Carrisales v. Department of Corrections

90 Cal. Rptr. 2d 804 · California Supreme Court · Dec 9, 1999

The FEHA’s noncoverage does not immunize anyone, including a coworker, from the consequences of conduct that is otherwise tortious. … Our role here is to interpret the statute, not to establish policy. The latter role is for the Legislature.

In Re Estate of Upham

127 Cal. 90 · California Supreme Court · Dec 4, 1899

I give and bequeath to the legally qualified and constituted trustees or managers of the Good Templars’ Orphans’ Home of Vallejo, said county of Solano, in trust for the use and benefit of the orphan children of said institution … which we refer: “It is well settled that the devise of a charitable use to *96 church wardens, although not a corporation capable in law of holding and transmitting property, will be sustained; so to an institution neither established

People v. Jenkins

22 Cal. 900 · California Supreme Court · May 4, 2000

Jenkins established the search as reasonable. Ms. Jenkins clearly had authority to consent to a search of her own apartment—a place in which defendant had no possessory interest. … his own immunity arrangement.

Pickens v. Johnson

42 Cal. 2d 399 · California Supreme Court · Mar 1, 1954

The pertinent parts of that section are as follows: “The Legislature shall have power to provide for the payment of retirement salaries to employees of the State who shall qualify therefor by service in the work of the State … As such he is entitled to all of the privileges and immunities and is subject to the duties and obligations of an attorney at law so long as he maintains his membership in the State Bar organization.

Estate of Newton

35 Cal. 2d 830 · California Supreme Court · Sep 7, 1950

The Legislature could not more clearly demonstrate an intention to stand by the method of taxing such transfers so far as it constitutionally could do so. … By that amendment the Legislature clearly expressed an intention to tax all transfers at death to the full extent of California's jurisdiction to tax.

People v. Lawley

115 Cal. Rptr. 2d 614 · California Supreme Court · Jan 24, 2002

Ashmus (1991) 54 Cal.Sd 932, 985, fn. 15 [ 2 Cal.Rptr.2d 112 , 820 P.2d 214 ]) and clearly lacks merit. … “[T]o establish a defense on the ground of insanity, it must be clearly proved that, at the time of . . . committing the act, the party accused was labouring under such a defect of reason, from disease of the mind, as not