Case law

Maher v. Workers' Compensation Appeals Board

33 Cal. 3d 729 · California Supreme Court · Apr 25, 1983

The rule has been long established in workers’ compensation cases that “an employer takes the employee as he finds him at the time of the employment. ” (Ballard v. Workmen’s Comp. App. … Camp Shows, Inc. required one of its employees, a musician, to undergo various inoculations for immunization against certain diseases.

People Ex Rel. Happell v. Sischo

23 Cal. 2d 478 · California Supreme Court · Dec 23, 1943

He qualified and entered upon the performance of the duties of the office. … At the beginning of the war Judge Garibaldi *482 held no commission or other membership in any organized military or naval establishment.

Davis v. City of Berkeley

51 Cal. 3d 227 · California Supreme Court · Aug 9, 1990

The historical background of article XXXIV and the ballot arguments that accompanied the measure when it was presented to this state’s voters in 1950 establish that article XXXIV was intended to prevent a locality from developing … Thus, the Attorney General’s opinion clearly recognized the propriety of a ballot measure granting “blanket authority” for a designated number of low-rent housing units approved by the voters before the adoption of any specific

Department of Water & Power v. Inyo Chemical Co.

16 Cal. 2d 744 · California Supreme Court · Dec 20, 1940

Rep. 115 ], cited by respondent and amici curiae, that when a judgment is reversed on appeal, said judgment is no longer of any validity, this general statement should be qualified when considered in connection with the unusually … Rogers, supra, is important in that it demonstrates clearly that the existence or nature of any means of coercing payment is immaterial in connection with the question of whether there is an existing liability which is subject

People v. Riel

96 Cal. Rptr. 2d 1 · California Supreme Court · May 18, 2000

Defendant does not challenge this ruling as to Osborne’s statements, which certainly seem to qualify as statements against penal interest (Evid. … However, judicial decisions have now established the validity of this testing.

Mass v. Board of Education

61 Cal. 2d 612 · California Supreme Court · Aug 11, 1964

3) that the statute provides only that the school district “may” pay the back salary and thus is purely permissive. 6 Despite the board’s construction, the words “discharge . . . contrary to the provisions of this code” clearly … Hence the burden should rest upon the board to prove which particular earnings, if any, qualify for mitigation.

DuBois v. Workers' Compensation Appeals Board

5 Cal. 4th 382 · California Supreme Court · Jun 28, 1993

In 1971, the California Legislature created the UEF in order to provide a source of funds for injured workers whose employers have failed or refused *389 either to obtain workers’ compensation insurance coverage or to qualify … Appeals Bd. (1978) 22 Cal.3d 658, 668-669 [ 150 Cal.Rptr. 250 , 586 P.2d 564 ] [agency interpretation entitled to significant respect upon judicial review]), and the general immunity afforded governmental entities (such as

People v. Glass

158 Cal. 650 · California Supreme Court · Nov 30, 1910

The rule is well established that such evidence is not admissible unless it conduces to the proof of a pertinent hypothesis which, if sustained, would logically influence the issue. … The evidence as to the Oakland proceedings was clearly irrelevant to the charge upon which defendant was being tried, and the rulings permitting its introduction were clearly erroneous.

State of South Dakota v. Brown

20 Cal. 3d 765 · California Supreme Court · Mar 20, 1978

The California law on the point was established very early by a case which, although it was decided before both Dennison and Taylor , nonetheless anticipated their results and clearly recognized that in California mandate … It is well established that states may agree among themselves to deliver up persons whose rendition is not required by the Extradition Cláuse (Innes v.

Obrien v. Jones

96 Cal. Rptr. 2d 205 · California Supreme Court · Jun 1, 2000

(c) [Appointments] Only applicants found to be qualified by the committee or by the Supreme Court may be appointed. … California government has never been immune to the spirit of encroachment. Writing in 1859, a decade after this court's founding, Justice Stephen J.

People v. Clark

California Supreme Court · Feb 22, 2024

Similarly, some gangs may have loosely defined goals and principles, while others may have clearly defined missions. Given this variability, collective engagement will be established in different ways. … For reasons we have explained, we do not agree; to establish collective engagement, the prosecution should have established a nexus between the offenses and the gang as a collective enterprise.

Central Pacific Railway Co. v. County of Alameda

212 Cal. 348 · California Supreme Court · Apr 27, 1931

W. 610 , 979], were likewise actions brought by individuals to establish title by adverse possession, for private purposes. … But even assuming that the act of 1875 does not so apply, the county is nevertheless clearly entitled to a decree under the doctrine of adverse user, establishing its easement in those portions of the right of way now occupied

Miramar Co. v. City of Santa Barbara

23 Cal. 2d 170 · California Supreme Court · Nov 3, 1943

These cases are clearly distinguishable from the case at bar. … That conclusion is clearly erroneous. The claim statute is clearly related to and contemplates only those liabilities created by the 1923 Public Liability Act (Stats. 1923, p. 675; Leering’s Gen.

Anderson v. Stansbury

38 Cal. 2d 707 · California Supreme Court · Apr 2, 1952

The court held that the purported verbal agreement was within the provisions of the statute of frauds and in the absence of a written memorandum, it could not be established by the testimony of plaintiffs’ witnesses. … The further act of execution of the second disclaimer, in relinquishment of a nonexistent interest, clearly cannot qualify as the required unconscionable loss.

Flora Crane Service, Inc. v. Ross

61 Cal. 2d 199 · California Supreme Court · Mar 24, 1964

This proceeding was brought to start the chain of municipal action required under the charter as a condition precedent to qualify the respondents for overtime pay. … To permit the city to prevail in the circumstances established here would reward it for its own neglect.

Ingels v. Riley

5 Cal. 2d 154 · California Supreme Court · Jan 14, 1936

Subsequent sections clearly provide that the tax is payable only when the vehicle is operated on the highways of the state. … advising the legislature of that state as to the nature of a proposed taxing statute on motor vehicles, based on value, identical in many respects with the one here involved, stated (p. 891) : “Avowedly an excise tax is established

Loper v. Morrison

23 Cal. 2d 600 · California Supreme Court · Jan 20, 1944

Farrell, 208 Cal. 200, 204 [ 280 P. 945 ]: “It is the established rule in this jurisdiction that where the servant is combining his own business with that of his master, or attending to both at substantially the same time … Section 1953f provides: “A record of an act, condition or event, shall, in so far as relevant, be competent evidence if the custodian or other qualified witness testifies to its identity and the mode of its preparation, and

In Re Lucas

53 Cal. 4th 839 · California Supreme Court · Mar 5, 2012

set out in section 2600[.1] of the CCR is clearly erroneous. … Just as in Whitley II, the Board here relied on a regulation that was later held to be clearly invalid.

People v. Hatch

92 Cal. Rptr. 2d 80 · California Supreme Court · Jan 31, 2000

Hatch also presented Deborah Kilgore, a registered nurse and qualified expert on sexual assault. Kilgore testified that Doratee L.’s injuries were not serious and were consistent with first-time consensual intercourse. … Because the record here does not clearly indicate such an intent, no double jeopardy bar to retrial exists.

Senior v. Anderson

115 Cal. 496 · California Supreme Court · Dec 31, 1896

The rule established in Simmons v. … Senior, but it was qualified so as to express what he was personally willing to do, and would advise the corporation to accept.