Case law

Gold v. Superior Court

3 Cal. 3d 275 · California Supreme Court · Oct 15, 1970

Section 1632 provides: “When an order appointing a guardian is reversed on appeal for error, all lawful acts in relation to the guardianship theretofore performed by such guardian after he has qualified are as valid as though … It is our view that the person relying on the statutory exception should have the burden of establishing it.

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.

J. Frank & Co. v. New Amsterdam Casualty Co.

175 Cal. 293 · California Supreme Court · Jun 6, 1917

The finding is therefore fully supported, because it appears clearly from the testimony that Mr. Raymond was acting in behalf of the surety company when appearing for the insured. … Frank was the alter ego of the corporation, owning all of the stock except that necessary to qualify other directors.

Kendall v. Porter

120 Cal. 106 · California Supreme Court · Feb 14, 1898

If the appellant has failed to establish either of these propositions the judgment of the superior court should be affirmed. … The state, in other words, granted to the city and county the same immunity from suits that it enjoyed itself, and, so far as it had the power, brought the municipality within the reason and protection of the rule which exempts

People v. Delgado

214 Cal. Rptr. 3d 223 · California Supreme Court · Feb 27, 2017

Nor does a violation of section 4500 predicated on felony assault come within the list of qualifying felonies for first degree felony murder. … The videotape and Mascarenas‟s testimony clearly show defendant in possession of the weapon.

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.

Spiritual Psychic Science Church of Truth, Inc. v. City of Azusa

39 Cal. 3d 501 · California Supreme Court · Aug 15, 1985

Further, “Characterizing [a] publication as a business, and the business as a nuisance, does not permit an invasion of the constitutional immunity against restraint.” (Near v. … However, it is clear that even though a communication is potentially entitled to constitutional protection, it is not necessarily immune from regulation. (Konigsberg v.

Oro Elec. Corp. v. R.R. Comm'n of Cal.

169 Cal. 466 · California Supreme Court · Feb 24, 1915

This rule has been clearly announced by this court in various eases, of which it will suffice to cite Von Schmidt v. Widber, 105 Cal. 151 , [ 38 Pac. 682 ], and Hyatt v. Williams, 148 Cal. 585 , [ 84 Pac. 41 ]. … The amended provision, after declaring the right of municipalities to establish and operate their own works for certain public utilities, including light and power, goes on to state that “persons or corporations may establish

Foxgate Homeowners' Ass'n v. Bramalea California, Inc.

108 Cal. Rptr. 2d 642 · California Supreme Court · Jul 9, 2001

Superior Court (1998) 62 Cal.App.4th 155 [ 74 Cal.Rptr.2d 464 ], a case that is clearly distinguishable. There, a juvenile court judge conducting a jurisdictional hearing in a delinquency matter (Welf. & Inst. … Rules Evid., rule 501, 28 U.S.C.), because the evidence was necessary to establish whether a defaulting party had been competent to enter into a settlement that another party sought to enforce. (Olam v. Congress Mortg.

Sawyer v. State Farm Fire & Casualty Co.

69 Cal. 2d 801 · California Supreme Court · Dec 9, 1968

Kingston was clearly liable and that plaintiff's claim "had a potential value in excess of a policy limit of $10,000." … In the absence of other qualifying language and under settled rules for the construction of insurance contracts against the insurer (see Insurance Co. of North America v.

Bily v. Arthur Young & Co.

3 Cal. 4th 370 · California Supreme Court · Aug 27, 1992

We are directed to no authority that would immunize auditors from liability to third parties for intentional misrepresentation; the general rule appears to be to the contrary. … Plaintiff Bily contends that he qualifies as a client of Arthur Young because he was a director of the company and thus in privity with Arthur Young. We disagree.

San Remo Hotel L.P. v. City & County of San Francisco

117 Cal. Rptr. 2d 269 · California Supreme Court · Mar 4, 2002

Code, § 7060.4 [permitting local governments to establish notice requirements for withdrawal of accommodations]; S.F. Admin. Code, § 37.9A(f) [establishing such notice requirements].) … The HCO was clearly not designed as a means of raising general revenue.

People v. Armendariz

37 Cal. 3d 573 · California Supreme Court · Dec 17, 1984

Joe’s statement to Alfred may well have established why Alfred acted as he did in February of 1978. … It clearly supported an inference that appellant could not reasonably have believed that he was free to sleep at Joe’s house.

People v. Brown

59 Cal. 4th 86 · California Supreme Court · Jun 2, 2014

“A person is qualified to testify as an expert if he has special knowledge, skill, experience, training, or education sufficient to qualify him as an expert on the subject to which his testimony relates.” (Evid. … In light of this record, defendant cannot establish ineffective assistance.

McDonald v. McDonald

6 Cal. 2d 457 · California Supreme Court · May 27, 1936

In the absence of such a statute of the domicile of the *460 parties, expressly and clearly regulating marriages abroad, the lex loci contractus governs as to the validity of the marriage. … I do not agree that such marriage is immune from attack under the provisions of section 82 of the Civil Code, which provides that marriages may be annulled for the causes there specified.

People v. McGaughran

25 Cal. 3d 577 · California Supreme Court · Oct 25, 1979

The vast majority of California drivers have no warrants outstanding [6] and may thereby become potentially immune from traffic citations. An ironic result, indeed! … Rptr. 729 , 478 P.2d 449 , 45 A.L.R.3d 559 ] are clearly distinguishable.

Burrey v. Embarcadero Municipal Improvement District

5 Cal. 3d 671 · California Supreme Court · Sep 13, 1971

A brief review of the EMID’s powers establish their general governmental character. … It noted that both were vitally affected by the public utility services to be established with the funds derived from the bonds.

People v. Gonzales

56 Cal. 4th 353 · California Supreme Court · Mar 18, 2013

Past cases establish that a person seeking to invoke the psychotherapist- patient privilege has the initial burden of establishing the basic facts to show that the privilege is presumptively applicable — in general, that … The Law Revision Commission comments accompanying the initial enactment of the psychotherapist-patient privilege, quoted above, make this point clearly. (Cal. Law Revision Com com., Deering‟s Ann. Evid.

Cottle v. Spitzer

65 Cal. 456 · California Supreme Court · Jul 26, 1884

They clearly establish that, in the legislative mind, as well as in judicial decisions, the term had the same meaning as in lexicographies, and in the popular understanding, and this was the general understanding of this … It was an expression of the general discontent with exemptions established by judicial decisions.

Hughes v. Superior Court

32 Cal. 2d 850 · California Supreme Court · Nov 1, 1948

A closed union is one *864 which arbitrarily denies admittance to qualified workers. … It has long been established in equity, that the court will look through form to substance.