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 Ex Rel. Younger v. County of El Dorado

5 Cal. 3d 480 · California Supreme Court · Aug 17, 1971

The instant case is clearly distinguishable from Werrt%r and Gilgert since the Legislature has not delegated to the Agency the power of enacting penal legislation. … Clearly, the members of the governing board of the Agency do not represent equal numbers of residents of the region.

Mathews v. Workmen's Compensation Appeals Board

6 Cal. 3d 719 · California Supreme Court · Feb 29, 1972

A number of code sections refer to “fault” and clearly are not limited to negligence. (E.g., Civ. Code, § 1689, subd. (b) (2); Com. Code, § 2613, and comment thereto.) … No worker is immune to these pressures and impacts upon temperament. They accumulate and explode over incidents trivial and important, personal and official.

Facebook, Inc. v. Superior Court

California Supreme Court · Aug 14, 2020

Thus, whether Facebook should be found to qualify as a provider of ECS under the SCA appears open to question. … Moreover, assuming that Facebook might qualify initially or provisionally as an entity that provides ECS, it seems that Facebook may also be obligated to establish its qualification as an entity that provides RCS with respect

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.

Siofletea v. State

66 Cal. 2d 83 · California Supreme Court · Mar 8, 1967

At yet another point in the record, after it had been clearly established that aliens and nationals were given equal access to Rumanian courts, 25 the witness was asked whether “any law, Constitutional provision, or decree … The nonresident aliens bear the burden of establishing reciprocity (Prob. Code, § 259.1) ; if they fail to do so, and if there are no other qualified takers, then the State may claim the property by escheat. (Prob.

Star-Kist Foods, Inc. v. County of Los Angeles

42 Cal. 3d 1 · California Supreme Court · Jun 30, 1986

“A municipal corporation, created by a state for the better ordering of government, has no privileges or immunities under the federal constitution which it may invoke in opposition to the will of its creator. … The court further explained, “ [t]he Import-Export Clause clearly prohibits state taxation based on the foreign origin of the imported goods, but it cannot be read to accord imported goods preferential treatment that permits

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.

Steed v. Imperial Airlines

12 Cal. 3d 115 · California Supreme Court · Jul 25, 1974

The court held that the record did not establish an estoppel but noted wherein an obligation for support based on such a concept might lie. … In support of such contention plaintiff refers us to a number of decisions which are clearly distinguishable. (E.g., Loomis v.

Odle v. Superior Court

32 Cal. 3d 932 · California Supreme Court · Dec 10, 1982

In Martinez we rejected the proposal of a special rule to establish a presumption in favor of a requested venue change in capital cases. … The court found a pattern of prejudice that was clearly reflected in the examination of a majority of those finally placed in the jury box.

People v. Orozco

260 Cal. Rptr. 3d 433 · California Supreme Court · Mar 26, 2020

In Buycks, we acknowledged that the statute’s text clearly reduces the future collateral consequences of offenses that Proposition 47 reduces. … Second, it is well established that a person who steals property cannot be convicted of receiving that property. (See People v.

Martin v. Berry

37 Cal. 208 · California Supreme Court · Jul 1, 1869

By the eighth section of the first Article of the Federal Constitution power is granted to Congress “to establish uniform laws upon the subject of bankruptcies throughout the United States.” … It is true other language might have been employed which would have more clearly expressed the idea which we think was intended.

Hildebrand v. Unemployment Insurance Appeals Board

19 Cal. 3d 765 · California Supreme Court · Aug 9, 1977

Under Sherbert , plaintiff clearly would have been permitted to refuse employment with Cel-A-Pak without risking any loss of unemployment benefits for she would not have rejected "available suitable work." … Indeed, the theory not only clearly offends the Sherbert principle, it is contrary to the landmark case of Speiser v.

Petersen v. Lewis

2 Cal. 2d 569 · California Supreme Court · Feb 28, 1935

The facts, so far as material here, are sufficiently and clearly stated in the opinion prepared by Mr. … On the established facts, we are of the opinion that the directed verdict was properly ordered.

Facebook, Inc. v. Superior Court

California Supreme Court · Aug 13, 2020

Thus, whether Facebook should be found to qualify as a provider of ECS under the SCA appears open to question. … Moreover, assuming that Facebook might qualify initially or provisionally as an entity that provides ECS, it seems that Facebook may also be obligated to establish its qualification as an entity that provides RCS with respect

Westbrook v. Mihaly

2 Cal. 3d 765 · California Supreme Court · Jun 30, 1970

The dual aspect of this standard is clearly formulated in the opinion of Justice Marshall, dissenting, in Hall v. … established political parties; Hunter v.

People v. Knowles

35 Cal. 2d 175 · California Supreme Court · Apr 21, 1950

That conduct is clearly covered by the words of section 209 given their plain meaning. … Section 209 establishes that definition as the law of California. (People v. Tanner, 3 Cal.2d 279, 296 [ 44 P.2d 324 ].)

People v. Rabe

202 Cal. 409 · California Supreme Court · Nov 9, 1927

an accused to obtain property from another by false or fraudulent representations, the making of the first false representations which moved or induced the person to whom they were made to part with his property does not immune … Clearly the several counts set out different and distinct crimes. The cases cited by appellant reannounce a well-recognized rule, which is not applicable in the instant case.

Prudential Insurance of America v. Workers' Compensation Appeals Board

22 Cal. 3d 776 · California Supreme Court · Dec 15, 1978

Prudential filed a petition for reconsideration requesting a hearing to establish its claim. … Subdivision (b) qualifies lien rights when an award for self-procured medical costs has been made.

Martello v. Superior Court of California

202 Cal. 400 · California Supreme Court · Nov 4, 1927

Abbott, Esq., a duly and regularly licensed attorney at law, fully qualified to engage in the practice of law in all the courts of this state, was named and agreed upon by said parties as a judge pro tempore to try said cause … Clearly the provisions of section 72, Code of Civil Procedure, which are but a verbatim repetition of the permissive language of the constitution as to the selection of judges pro tempore, cannot be harmonized with the evident