Case law

People v. Sanders

51 Cal. 3d 471 · California Supreme Court · Sep 27, 1990

Qualified jury lists and master jury lists derived from the source lists shall be prepared so as to reasonably minimize duplication of names.” … Defendant clearly raised the issue in timely fashion and made as complete a record as possible.

People v. Dillon

199 Cal. 1 · California Supreme Court · Jun 28, 1926

Statutes which come clearly within the exercise of the police power of the state, of which section 424 is a striking example, fully illustrate the rule. (People v. … “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.”

Board of Social Welfare v. County of Los Angeles

27 Cal. 2d 81 · California Supreme Court · Oct 16, 1945

is our decision in the Janssen case, by which we held constitutional legislation which authorized the release of liens held by a county as security for old age assistance paid, only if the property was still owned by a qualified … Respondent has shown no defense to the prima facie right established by petitioner. Accordingly we are of the view that, as in the Holmes case, respondents must comply with the final order of the welfare board.

Andersen v. Superior Court

187 Cal. 95 · California Supreme Court · Sep 16, 1921

But where the express mandatory conditions for a dismissal are clearly established, and without contradiction, the court was without discretion in the matter. … It appears that representatives of the estate of decedent, in the persons of executors of his last will, were appointed, qualified and acting at all times subsequent to May 14, 1915, which date was less than two months after

City of Torrance v. Transitional Living Centers for Los Angeles, Inc.

30 Cal. 3d 516 · California Supreme Court · Jan 18, 1982

This intent is clearly manifest in sections 5115, 5116 and 5120. As a consequence, city may only regulate the TLC facility subject to the constraints on zoning regulations imposed by section 5120. b.) “Nursing Homes.” … Pitchess (1974) 41 Cal.App.3d 42, 46 [ 115 Cal.Rptr. 746 ] [“To qualify for preliminary injunctive relief plaintiffs must show irreparable injury, either existing or threatened”]; Code Civ. Proc., § 526, subd. 2.)

Pierce v. Superior Court

1 Cal. 2d 759 · California Supreme Court · Nov 2, 1934

However, it is not essential here that we go to that length in this case to establish jurisdiction. … The complaint alleged conspiracy by the judges of election to prevent qualified electors from voting, and other illegal acts.

Strumsky v. San Diego County Employees Retirement Assn.

11 Cal. 3d 28 · California Supreme Court · Mar 25, 1974

Article XI of the Constitution, which we proceed to examine in some detail infra, clearly allowed the Legislature to establish the powers of local bodies such as counties and cities and to approve the powers delineated in … Although the state of certain agencies as members of this category has been clearly established, the status of certain others remains unclear pending judicial determination of that question. (See generally Cal.

In Re Giannini

69 Cal. 2d 563 · California Supreme Court · Nov 14, 1968

United States, supra, 354 U.S. 476 , from which the Penal Code language emanated, clearly contemplates that test. … A similar difficulty will exist in obtaining qualified experts to testify regarding a state standard.

People v. Hogan

31 Cal. 3d 815 · California Supreme Court · Jul 1, 1982

Colm (1974) 11 Cal.3d 639, 646-647 [ 114 Cal.Rptr. 128 , 522 P.2d 688 ]), error must be found if “the evidence shows that a witness clearly lacks qualification as an expert and the judge has held the witness to be qualified … Evidence Code section 720 provides: “(a) 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

Garrison v. Rourke

32 Cal. 2d 430 · California Supreme Court · Aug 20, 1948

Since there was a clearly distinguishable cross in each square the court was justified in its determination as to this ballot. (Elec. Code, § 7052.) … By section 70 of the Elections Code only qualified electors are entitled to exercise the voting franchise. The record clearly establishes for whom the disqualified persons cast their ballots.

Fuller v. White

33 Cal. 2d 236 · California Supreme Court · Dec 28, 1948

Since it is the rule that compound interest is not to be allowed in the absence of a showing that such was clearly the agreement of the parties (Stats. 1919, p. Ixxxiii, § 2; Schneider v. … Section 1953f of the Code of Civil Procedure provides that “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

MW Erectors, Inc. v. Niederhauser Ornamental & Metal Works Co.

30 Cal. Rptr. 3d 755 · California Supreme Court · Jul 14, 2005

MW suggests it does qualify to demonstrate its substantial compliance during the entire period of performance because it was duly licensed before it completed performance. … (d), italics added), the statute clearly contemplates that, in order to qualify for this exception, the contractor must have been duly licensed in California at some time before the performance began.

Sterling v. Taylor

55 Cal. Rptr. 3d 116 · California Supreme Court · Mar 1, 2007

“Some confusion is attributable to a failure to keep clearly in mind the purpose of the statute and the informal character of the evidence that the actual words of the statute require; some is no doubt due to differences … “The Statute of Frauds was not enacted to afford persons a means of evading just obligations; nor was it intended to supply a cloak of immunity to *771 hedging litigants lacking integrity; nor was it adopted to enable defendants

People v. Dunkle

32 Cal. Rptr. 3d 23 · California Supreme Court · Aug 4, 2005

It did not hold that a defendant is entitled to testify under a grant of judicial immunity during the competency trial. … Whether such a burglary “involves” force or violence, and thus qualifies as an aggravating factor under factor (b), depends on the circumstances of its commission.

People v. Collins

17 Cal. 3d 687 · California Supreme Court · Aug 6, 1976

The Legislature may, however, establish reasonable regulations or conditions on the enjoyment of the right as long as the essential elements of trial by jury are preserved. … that she could not perform her duty and thus established good cause for her discharge.

Pacific Gas & Electric Co. v. Roberts

168 Cal. 420 · California Supreme Court · Oct 1, 1914

In this way the phrase ‘upon the property above enumerated’ is made fully effective as qualifying both ‘taxes’ and ‘licenses’ preceding it, while no word is either ignored or distorted from its fair meaning.” … The intent clearly was to relieve the property assessed from all taxes other than state taxes levied upon it under the constitutional amendment.”

Professional Engineers v. Department of Transportation

15 Cal. 4th 543 · California Supreme Court · May 15, 1997

This broad and flexible exception clearly includes the expense and safety considerations Caltrans cites. … Of course, the Legislature clearly intended Chapter 433 to expand Caltrans’s ability to make these contracts.

City of West Hollywood v. Beverly Towers, Inc.

52 Cal. 3d 1184 · California Supreme Court · Feb 28, 1991

Code, § 1350 et seq.), which establishes a uniform set of laws applicable to common interest developments. … It is not an element that must be satisfied before an owner's right to sell is immune from conditions imposed by a city on the exercise of that right.

Sanchez v. Unemployment Insurance Appeals Board

36 Cal. 3d 575 · California Supreme Court · Aug 23, 1984

In this case, the administrative determinations were clearly based upon a legally erroneous standard of “good cause.” … Several California cases have established that a worker who *586 suffers illegal discrimination at the workplace has “good cause” to resign.

Brick v. Cazaux

9 Cal. 2d 549 · California Supreme Court · Sep 15, 1937

In the instant ease, the allegations of the amended complaint clearly show that defendant Cazaux executed his deed conveying absolute title in the property to the plaintiff bank while the condemnation proceedings were pending … It is unquestionably sound, as an abstract principle of law, that a person claiming to be entitled to moneys awarded as compensation for the condemnation of property must establish an interest or estate in the thing condemned