Case law

Coleman v. Gulf Insurance Group

41 Cal. 3d 782 · California Supreme Court · May 22, 1986

Unlike section 907, which leaves the determination of frivolousness to an appellate court which is qualified to judge the degree of meritlessness of the arguments raised on appeal, plaintiffs’ proposed causes of action would … In light of our conclusion that plaintiffs have failed to establish any of the first four causes of action, it is unnecessary to address this claim for punitive damages.

People v. Chavez

50 Cal. 2d 778 · California Supreme Court · Sep 19, 1958

The evidence is clearly sufficient to support a finding that defendants wilfully and maliciously set fire to the building and that the murders were committed in the perpetration of arson within the meaning of section 189. … This testimony, together with other evidence, amply established the case against Bates, irrespective of the erroneously admitted conversation.

Easton v. United Trade Sch. Contracting Co.

173 Cal. 199 · California Supreme Court · Jul 27, 1916

The evidence established that Mrs. Easton was riding in a buggy on Central Avenue in Los Angeles City. With her was her sister-in-law who carried on her lap one of Mrs. … Finally it is said that the court erred in permitting the witness Sterling to answer the question whether Harper, who was driving the car at the time of the accident, was a qualified driver.

Bemmerly v. Woodard

136 Cal. 326 · California Supreme Court · May 2, 1902

commenced on the eighth day of June, 1877, and continued until his death, December 29, 1894; that as such trustee he did not earn and was not entitled to any compensation from the eighth day of June, 1877,—the date at which he qualified … administration, and as it was in his power to obtain a termination of his office as executor whenever his administration of the estate as such had terminated, his failure to do so made it incumbent upon the defendant herein to clearly

Clark v. Sawyer

48 Cal. 133 · California Supreme Court · Jul 1, 1874

When title is to be established through a Sheriff’s deed, the judgment and execution must be introduced in evidence with the deed. … The objection is met by the rule that he who alleges error, must make it clearly to appear. 4.

Wulfjen v. Dolton

24 Cal. 2d 878 · California Supreme Court · Sep 15, 1914

In reviewing the record herein, regard must be had for the rules of law which apply to cases of nonsuit and which are clearly stated in Berger v. … funds would place in the hands of unscrupulous directors the power to deplete the assets of a corporation by borrowing money from the corporation which they direct in violation of the statute and then defend with complete immunity

Harris v. Capital Growth Investors XIV

52 Cal. 3d 1142 · California Supreme Court · Feb 28, 1991

We qualified our conclusion by stating that businesses subject to the Unruh Act retained the right to “establish reasonable regulations that are rationally related to the services performed and facilities provided.” … In this regard, the relevant statistical comparison is between the representation of the protected class in the employer’s work force and in the qualified population in the labor force, unless the plaintiff can establish

People v. Central Pacific Railroad

43 Cal. 398 · California Supreme Court · Apr 15, 1872

An elaborate argument has been submitted on the part of the raihoad company, in which it is urged that the road and telegraph were established by the Federal Government in the exercise of its constitutional powers “ to establish … That the legislative power is restrained only by the limitations of the Constitution, clearly imposed upon its exercise, and that a statute enacted is not to be put aside by the Courts, unless its conflict with the fundamental

People v. McKenzie

9 Cal. 5th 40 · California Supreme Court · Feb 27, 2020

Under section 11370.2, as revised by that bill, defendant’s prior drug-related convictions no longer qualified defendant for sentence enhancement. … Such a rule “would clearly lead to absurd results.” (Rossi, at p. 302, fn. 8.)

County of Los Angeles v. Frisbie

19 Cal. 2d 634 · California Supreme Court · Feb 28, 1942

Thus is established a course of conduct followed without interruption for forty years. … principles of law unless such intention is made clearly to appear either by express declaration or by necessary implication.

Ogilvie v. Aetna Life Insurance Co.

189 Cal. 406 · California Supreme Court · Aug 14, 1922

Wagner was the duly qualified and acting autopsy surgeon and that the examination and the report were regularly made by him in the performance of his official duties. … Defendant produced much evidence tending to establish such diseased condition.

Holland v. Silverscreen Healthcare, Inc.

California Supreme Court · Aug 14, 2025

Not every claim of injury against a health care provider qualifies as a claim of professional negligence that comes within section 1295. … Silverscreen also argues that even if plaintiffs could bring a wrongful death claim premised on neglect, their allegations fail to establish “neglect” as defined under the Elder Abuse Act

Gray v. Southern Pacific Co.

23 Cal. 2d 632 · California Supreme Court · Feb 1, 1944

Clearly Wait was qualified to testify as an expert from his many years’ experience. The matter concerning which he testified was a proper subject for expert testimony. It is said in Peters v. … The question put to Wait included sufficient facts which were established upon which to base his opinion. .

City of Redondo Beach v. Taxpayers, Property Owners, Etc., City of Redondo Beach

54 Cal. 2d 126 · California Supreme Court · May 13, 1960

The statute provided the authority for qualifying cities to issue bonds for certain municipal purposes and repay them from sales and use tax revenues. … Taxes and bond issues for municipal purposes are clearly municipal affairs within the meaning of the doctrine of the case just cited. (City of Grass Valley v. Walkinshaw, 34 Cal.2d 595, 599-600 [ 212 P.2d 894 ].)

In Re Estate of Pusey

180 Cal. 368 · California Supreme Court · May 14, 1919

E. 260 ].) [7] An examination of appellants’ cases, however, reveals the fact that, practically without exception, it was assumed or clearly shown that the defendant in the action wherein the judgment which was being attacked … It was dissented from by Stewart, J., and upon a rehearing of the case it was so qualified as to remove any support it may formerly have afforded to the argument of appellants.

Estate of Lindquist

25 Cal. 2d 697 · California Supreme Court · Dec 30, 1944

In the present case the incompetent was represented by a duly appointed and qualified guardian. … Tennessee, 290 U.S. 354 [ 54 S.Ct. 138 , 78 L.Ed. 358 ]: 'We see no token of a purpose to extend a like immunity to permanent investments or the fruits of business enterprises.'

American Academy of Pediatrics v. Lungren

16 Cal. 4th 307 · California Supreme Court · Aug 5, 1997

[A]s we have said, [the spousal-notification provision’s] real target . . . is married women seeking abortions who do not wish to notify their *346 husbands of their intentions and who do not qualify for one of the statutory … Of course, physicians are well qualified to determine a minor’s capacity to provide informed consent and regularly do so in providing medical care under California’s numerous medical emancipation statutes.

Thomason v. Ashworth

73 Cal. 73 · California Supreme Court · Jul 2, 1887

charters of the city of San Francisco, to establish the boundaries of the city and county of San Francisco, and to consolidate the government' thereof, approved April 19, 1856, and in amendments thereof enacted prior to … *86 kt all events, the passage of the act of March 13,1883, was clearly a legislative recognition that the matter of the construction and repair of streets, alleys, etc., constituted a proper part of the organized government

La Sala v. American Savings & Loan Ass'n

5 Cal. 3d 864 · California Supreme Court · Oct 21, 1971

Dismissal for lack of a representative plaintiff constitutes, in substance, a holding that the suit does not qualify as a class action; hence, notice of the *873 dismissal becomes unnecessary. (See Polakoff v. … Thus, although California cases have clearly held a due-on-sale clause valid, the language in such cases respecting due-on-encumbrance provisions is, as plaintiffs point out, entirely dictum.

Western Oil & Gas Ass'n v. Monterey Bay Unified Air Pollution Control District

49 Cal. 3d 408 · California Supreme Court · Aug 17, 1989

This conclusion is man *412 dated by well-established principles of statutory construction. … The panel consists of nine appointed members who “shall be highly qualified and professionally active or engaged in the conduct of scientific research.” (§ 39670, subd.