Case law

Patterson v. Padilla

254 Cal. Rptr. 3d 816 · California Supreme Court · Nov 21, 2019

A qualified candidate’s ability to appear on the ballot is fundamental to our democratic system. … Yet article II, section 5(c) also clearly prohibits the Legislature from imposing prerequisites such as the income tax return disclosure requirement before us 46

People v. Williams

32 Cal. 2d 78 · California Supreme Court · Jun 15, 1948

The qualified admission was in effect a denial of the felony nature and character of the judgment and justified the introduction of the record in order to establish the effect of the prior conviction. [3] Defendant Bowie … If a qualified verdict is not returned, the death penalty is mandatory.

Agarwal v. Johnson

25 Cal. 3d 932 · California Supreme Court · Dec 7, 1979

French’s memo indicated a previously established goal of getting most of the reports computerized by the end of the year. … Although they vigorously urge the instruction should have been qualified, if it was otherwise correct they have waived their right to such objection by their failure to have offered to the trial judge any qualifying language

People v. Trujillo

32 Cal. 2d 105 · California Supreme Court · Jun 15, 1948

Foakes, an accomplice and the youngest of the three, was promised immunity if he would testify against the other two. He told the jury that he escaped from the San Francisco Juvenile Detention Home on September 8th. … For the same reason, it is not necessary that the independent evidence be sufficient to establish the defendant’s guilt.

People v. Jennings

50 Cal. 4th 616 · California Supreme Court · Aug 12, 2010

Sheridan attributed this infection to the breakdown of Arthur's immune system and his overall failure to thrive. … Arthur also suffered from acute pneumonia and from a breakdown of his immune system due to emaciation.

Valentine v. Jansen

1 Cal. Unrep. 530 · California Supreme Court · Apr 12, 1870

grantor, Brooks, at any time before the commencement of the action; and that it was likewise competent for him to show, as a part of the res gestae, the means whereby he acquired the possession; that in order to show and qualify … was the possession of Brooks in September, 1863, and that fact could only be legitimately established by showing: 1st.

S. H. Chase Lumber Co. v. Railroad Commission

212 Cal. 691 · California Supreme Court · May 29, 1931

.” *711 The fact seems clearly established that power rests under these provisions of the Constitution in the Railroad Commission to direct and control the manner of constructing railroad crossings, together with the right … commission having control of the public utilities of the state, and has authorized the legislature to confer upon that commission such powers as it may see fit, even to the destruction of the safeguards, privileges, and immunities

Albaugh v. Mt. Shasta Power Corp.

9 Cal. 2d 751 · California Supreme Court · Oct 28, 1937

Such a conclusion would clearly be contrary to the law of these eases established on the prior appeals. … These witnesses were all well qualified to testify as to land values in that area.

Washer v. Bank of America National Trust & Savings Ass'n

21 Cal. 2d 822 · California Supreme Court · Apr 7, 1943

In reply to these contentions, the appellant challenges the respondents’ claim that the statement of facts contained in the copy of the decision of the National Labor Relations Board may be used to establish the truth or … Cevasco, 114 Cal. 266, 272 [ 46 P. 103 ]); and words clearly conveying a meaning within one of the statutory categories are actionable per se.

Jennings v. Superior Court

66 Cal. 2d 867 · California Supreme Court · Jun 16, 1967

It may be directed to the eliciting of any matter which may tend to overcome or qualify the effect of the testimony given by him on his direct examination.” (People v. … Petitioner’s inquiry was intended to aid in establishing his defense, both by overcoming or qualifying the effect of the officers’ testimony on direct examination and by eliciting additional evidence to complement the expected

Bloom v. Municipal Court

16 Cal. 3d 71 · California Supreme Court · Feb 6, 1976

Although no longer spelling it out in so many words, article VI still clearly provides that Courts of Appeal have jurisdiction over appeals from superior court judgments in prohibition proceedings. … Whatever the scope of the ‘right to receive’ referred to in Stanley , it is not so broad as to immunize the dealings in obscenity in which Reidel engaged here [distributing it by mail]—dealings that Roth held unprotected

Cannon v. Commission on Judicial Qualifications

14 Cal. 3d 678 · California Supreme Court · Jul 10, 1975

It appears, however, that all of such opinion evidence except, perhaps, the opinion that petitioner was a well-qualified and conscientious judge, has been established to the contrary by clear and convincing evidence in these … Petitioner has engaged in a course of conduct which has maligned the judicial office and clearly establishes her lack of temperament and ability to perform judicial functions in an even-handed manner.

Rhodehamel v. Civil Service Board

18 Cal. 2d 709 · California Supreme Court · Oct 3, 1941

Obviously, only a very few are qualified for the highest positions, but that is no reason for denying the employee the opportunity to rise as far as his ability and training will permit him. … The duties of Intermediate Account Clerk are so related to those of Senior Account Clerk, as those duties are officially described by the Board, that the former is clearly preparatory for the latter. “ The only other reason

Rubin v. American Sportsmen Television Equity Society

40 Cal. 2d 412 · California Supreme Court · Mar 10, 1953

The attempt to qualify as a labor organization under the federal act does not settle the question here. (See International Brotherhood, C.W. & H. Union v. … The reasonable inferences *418 from the facts support a conclusion that the defendants have not yet established the labor interest and the competition with organized labor which might secure Television Equity’s position to

In Re Qawi

7 Cal. Rptr. 3d 780 · California Supreme Court · Jan 5, 2004

The Constitutional Right to Refuse Antipyschotic Medication That right clearly extends to the right to refuse antipsychotic drugs. (Riese, supra, 209 Cal.App.3d at p. 1318 ; Keyhea v. … This balance is achieved by granting involuntarily committed LPS patients a qualified right to refuse medication.

Morohoshi v. Pacific Home

20 Cal. Rptr. 3d 890 · California Supreme Court · Nov 15, 2004

The process of identifying and qualifying the vendors or contractors from which services are purchased is known as “vendorization.” (§ 4648, subd. (a)(3).) … The role played by regional centers in coordinating the delivery of the direct services indicated by a developmentally disabled person’s IPP is clearly a vital one; indeed, the Legislature declared this coordinating role

People v. Le Doux

155 Cal. 535 · California Supreme Court · May 19, 1909

or, phrasing it differently, Is a deputy qualified to act where his principal is disqualified? … In an effort then to establish a marriage in fact in proof of a criminal charge of bigamy, the evidence here offered, without supporting proof of the facts and the execution, would be clearly inadmissible.

Norris v. Harris

15 Cal. 226 · California Supreme Court · Jul 1, 1860

As to the slaves, the contract is clearly entire. … In this respect the judgment is clearly erroneous.

Trust v. Arden Farms Co.

50 Cal. 2d 217 · California Supreme Court · Apr 24, 1958

This evidence was clearly immaterial to any issue before the court. … The rule is settled that an expert is not qualified as a witness unless it is shown that he is familiar with the *225 standards required under similar circumstances (Huffman v.

Agnew v. City of Los Angeles

51 Cal. 2d 1 · California Supreme Court · Oct 17, 1958

Certificates of Registration shall become void 30 days after the holder who qualified by examination or experience ceases to have effective control over the work performed." "3. … It is established that freeholder charter cities are empowered to exact business license taxes for revenue purposes.