Case law

People v. O'Brien

96 Cal. 171 · California Supreme Court · Sep 9, 1892

many cases, such as selling intoxicating liquors to minors, abducting girls under a certain age, usurping an office under the belief that the usurper was truly elected, illegal voting under the belief that the voter is a qualified … Sections 7, 112, and 113 of the Penal Code, when read together, clearly establish the proposition that it was not necessary in making out the offense to prove any fraudulent intention on the part of the defendant.

Los Angeles Metropolitan Transit Authority v. Public Utilities Commission

52 Cal. 2d 655 · California Supreme Court · Sep 15, 1959

In creating the Authority, the 1957 Act necessarily looked to the future, and by stating that “only a specially created authority can operate effectively in said metropolitan area,” it clearly contemplates that ultimately … which has executive personnel with experience and skill applicable to the superintendence of the operation and maintenance of any part of the system for the furnishing of its services and the services of experienced and qualified

Estate of Apple

66 Cal. 432 · California Supreme Court · Feb 13, 1885

The code establishes the law of this state respecting the subjects to which it relates, and its provisions are to be liberally construed, with a view to effect its objects and to promote justice.” … This, however, is qualified by section 1362, which clearly, now, as well as before the amendments of 1874, in so far as the payment of debts is concerned, makes legacies to husband, widow or kindred of any class chargeable

Better Food Markets, Inc. v. American District Telegraph Co.

40 Cal. 2d 179 · California Supreme Court · Feb 6, 1953

indicate that there is no intention to depart from the universal rule established elsewhere.” … However, the error warrants only a qualified reversal of the judgment, as the plaintiff’s recovery is limited to $50 if he should prevail on a retrial.

People v. Patton

California Supreme Court · Mar 3, 2025

(1995) 10 Cal.4th 447, 456, which in turn noted the need for a habeas petitioner to offer a “ ‘statement of specific facts which, if established, entitle [petitioner] to . . . relief.’ ” Our habeas cases clearly … County of San Diego (2015) 62 Cal.4th 340, 358 [discussing a “public entity’s prima facie burden with respect to the discretionary approval element of design immunity”]; Reid v.

City of Los Angeles v. Superior Court

124 Cal. Rptr. 2d 202 · California Supreme Court · Aug 26, 2002

(b)); (2) establish a procedure for in camera inspection by the court prior to any disclosure (§ 1045, subd. … “The courts will presume a statute is constitutional unless its unconstitutionality clearly, positively, and unmistakably appears; all presumptions *11 and intendments favor its validity.” (People v.

People v. Friend

47 Cal. 4th 1 · California Supreme Court · Jul 20, 2009

Curtis made no promises to Kelley concerning immunity from prosecution. … Other testimony established that this was actually a Case brand knife; Buck and Case brand knives are essentially the same. Other testimony established that defendant’s nickname was Raccoon.

Evangelatos v. Superior Court

44 Cal. 3d 1188 · California Supreme Court · Apr 21, 1988

Our decisions in the earlier MI-CRA cases clearly establish that plaintiff’s current constitutional challenges lack merit. A. Plaintiff initially contends that Proposition 51 is unconstitutionally vague. … Both claims are clearly without merit.

Barendt v. McCarthy

160 Cal. 680 · California Supreme Court · Sep 8, 1911

Among the causes for the removal specified in the statement were acts of plaintiff and his associates in willfully and knowingly appointing to positions in the health department of the said city and county persons not qualified … High, in his work on injunctions, says: (4th ed., sec. 1312) "No principle of the law of injunctions and perhaps no doctrine of equity jurisprudence is more definitely fixed or more clearly established than that courts of

Buehler v. Oregon-Washington Plywood Corp.

17 Cal. 3d 520 · California Supreme Court · Jul 12, 1976

But that language does not establish that the easement holders may-use the Campbell right-of-way to haul timber from any source. … It was described clearly in. Werner v.

Flores v. Presbyterian Intercommunity Hospital

63 Cal. 4th 75 · California Supreme Court · May 5, 2016

PIH Health’s alleged negligent conduct, she argued, was therefore “clearly ordinary, and not professional, negligence,” and was therefore subject to the ordinary two-year limitations period for personal injury actions (§ … In 2002, however, the Legislature enacted section 335.1, which established a two-year limitations period for most tort actions alleging personal injury or death.2 Because all parties agree that Flores was aware 1 An

Bueneman v. City of Santa Barbara

8 Cal. 2d 405 · California Supreme Court · Feb 27, 1937

Amendments to the Constitution of the United States, and also sections 13 and 21 of article I of the Constitution of California, in that it denies to appellants the equal protection of the laws and grants privileges and immunities … The complaint clearly shows that the business of plaintiffs, which is a perfectly lawful one, is being interfered with by the steps which have already been taken to enforce the ordinance.

Standard Oil Co. v. Johnson

10 Cal. 2d 758 · California Supreme Court · Feb 25, 1938

An act of congress (26 Stats. 651), enacted on October 1, 1890, established General Grant national park. … This express recognition by both sovereigns clearly establishes the existence of the right of the state to tax' in the areas designated in accordance with the power as reserved and defined in both acts.

Clean Air Constituency v. California State Air Resources Board

11 Cal. 3d 801 · California Supreme Court · Jun 27, 1974

Health and Safety Code section 39177.1, subdivision (b)(3), clearly manifests the Legislature’s intention to require statewide installation on all 1966-1970 model year vehicles under 6,001 pounds by 1973. … Since, as a matter of construction, “particular expressions qualify those which are general” (Civ.

Amex Life Assurance Co. v. . Superior Court

14 Cal. 4th 1231 · California Supreme Court · Feb 24, 1997

Although he apparently knew he was HIV positive, he lied on the application form and denied having the AIDS (acquired immune deficiency syndrome) virus. … But the fraud is similar to other frauds that the incontestability clause clearly covers.

Market Street Railway Co. v. Railroad Commission

24 Cal. 2d 378 · California Supreme Court · Jul 3, 1944

the exercise of the ratemaking power unless confiscation is clearly established ...” … established.

Knoll v. Davidson

12 Cal. 3d 335 · California Supreme Court · Aug 15, 1974

The Registrar’s contention has been clearly and unequivocally rejected by the United States Supreme Court in Lubin v. … Petitioner Knoll was unsuccessful in her bid at the June 6, 1972, primary election to qualify for the general election. Lubin was decided on March 26, 1974.

People Ex Rel. Post v. San Joaquin Valley Agric. Ass'n

151 Cal. 797 · California Supreme Court · Sep 4, 1907

The provisions of the act providing for district agricultural associations clearly evince an intention to make them public corporations. The entire state was divided into agricultural districts. … In 1897 a similar act was enacted, and the previously established associations were continued in force and made agricultural associations under the latter act.

Goldman v. State Bar

20 Cal. 3d 130 · California Supreme Court · Oct 28, 1977

The direct and circumstantial evidence clearly establishes that petitioners engaged in the unprofessional conduct charged and found to be true. … State Bar (1972) 7 Cal.3d 676 [ 103 Cal.Rptr. 288 , 499 P.2d 968 ], on the ground that an attorney in a disciplinary proceeding does not have the same immunities as a defendant in a criminal proceeding.

Tech-Bilt, Inc. v. Woodward-Clyde & Associates

38 Cal. 3d 488 · California Supreme Court · May 2, 1985

plaintiff settles with fewer than all defendants, the defendants are clearly adverse parties. … To say that section 877.6 cloaks Woodward-Clyde with immunity from liability to joint tortfeasors under these circumstances would *502 not serve the goal of encouraging settlement, and it would frustrate the goal of allocating