Case law

Agricultural Labor Relations Board v. California Coastal Farms, Inc.

31 Cal. 3d 469 · California Supreme Court · May 27, 1982

If there is an established lunch break, the one-hour period shall encompass such lunch break. … The determination of the proper scope and form of relief was clearly within the discretion of the court.

Dept. of Corrections & Rehabilitation v. Workers' Comp. Appeals Bd.

California Supreme Court · Feb 20, 2025

But if “the agency’s interpretation is clearly erroneous or unauthorized under the statute, we will not give effect to its understanding of the statute.” (Larkin, at p. 158.) … It is undisputed that IDL benefits qualify as a “ ‘salary continuation plan’ ” within the meaning of this provision.

Serrano v. Priest

18 Cal. 3d 728 · California Supreme Court · Dec 30, 1976

Clearly there was no error in this respect. … Article IX, section 14 of the state Constitution clearly establishes that it is the Legislature which bears the ultimate responsibility for establishing school districts and their boundaries. 51 By its exercise of this power

Retired Employees Ass'n of Orange County, Inc. v. County of Orange

52 Cal. 4th 1171 · California Supreme Court · Nov 21, 2011

It is also equally well established that the intention of the Legislature thus to create contractual obligations, resulting in extinguishment to a certain extent of governmental powers, must clearly and unmistakably appear … selection among permissible methods of calculating health insurance premiums, like its decision to allow retirees to participate in a group insurance plan, has certain effects on the level of premiums, but does not itself qualify

Birkenfeld v. City of Berkeley

17 Cal. 3d 129 · California Supreme Court · Jun 16, 1976

The statutes provided in effect that during a period of approximately two years tenants should be immune from eviction if they paid a reasonable rent to be determined by the courts and were not “objectionable” and if the … The sweeping nature *156 of the court’s change of views and its direct relationship to the earlier rent control decisions is perhaps seen most clearly in Olsen v.

California Statewide Communities Development Authority v. All Persons Interested in Re of the Validity of a Purchase Agreement

55 Cal. Rptr. 3d 487 · California Supreme Court · Mar 5, 2007

In my view, a subject qualifies as "secular," by definition, only if it consists of information and coursework that is neutral with respect to religion. … In other words, any subject that qualifies as secular will necessarily consist of information and coursework that is neutral with respect to religion.

Sinclair Paint Co. v. State Board of Equalization

15 Cal. 4th 866 · California Supreme Court · Jun 26, 1997

This authority “includefs], but is not limited to,” the development of protocols for screening and for appropriate case management; the designation of laboratories qualified to analyze blood specimens for lead concentrations … To the contrary, the case law previously cited or discussed clearly indicates that the police power is broad enough to include *878 mandatory remedial measures to mitigate the past, present, or future adverse impact of the

State v. Superior Court

32 Cal. 4th 1234 · California Supreme Court · May 24, 2004

As part of the California Tort Claims Act, Government Code section 900 et seq. 1 establishes certain conditions precedent to the filing of a lawsuit against a public entity. … We therefore reject defendants’ contention that failure to allege compliance establishes a jurisdictional defect. (See, e.g., Hart v.

Andrews v. Agricultural Labor Relations Board

28 Cal. 3d 781 · California Supreme Court · Jan 29, 1981

Clearly then, the regulation did not afford a party the virtually automatic disqualification provided by Code of Civil Procedure section 170.6. … Clearly then, the Legislature has deemed it proper for temporary employees to act in a judicial capacity as long as they conduct themselves “in an objective and impartial manner.”

Pearson v. State Social Welfare Board

54 Cal. 2d 184 · California Supreme Court · May 20, 1960

Basic elements of this federal act are clearly the requirement that the recipient be a “needy aged” individual, and that a state plan for participating in federal funds and cooperating with the federal act must be approved … The recipient, in order to qualify for continuing aid, shall offer the property for immediate sale unless sale of the property would be a useless act.”

Hawley Bros. Hardware Co. v. Brownstone

123 Cal. 643 · California Supreme Court · Mar 3, 1899

McKeever, supra, where the court thought the error clearly clerical. … This is not an unequivocal denial, but it is a qualified denial, as the separate answer alleges how payment was made.

People v. Perez

24 Cal. 3d 133 · California Supreme Court · Apr 26, 1979

We find these cases clearly distinguishable. In Huckelbury v. … California, supra, and other cases establishing requirements for valid waivers of constitutional rights (e.g., Johnson v.

Woods v. Bugbey

29 Cal. 466 · California Supreme Court · Jul 1, 1866

We think the case clearly within the mischiefs, to prevent which the statute was passed, and that judgment ought to have been for the defendant instead of the plaintiff. … But upon this point the tendency of the later decisions of the Courts of Westminster Hall has been to qualify and perhaps to overthrow the doctrine declared in Edwards against Harten, and to leave the entire circumstances

People v. Buffum

40 Cal. 2d 709 · California Supreme Court · Apr 20, 1953

Admission of this evidence was clearly erroneous. … is apparent that the purpose of the Legislature was to provide a safeguard against the danger that the testimony of the woman who submitted to and willingly participated in the abortion may be colored in expectation of immunity

Cooper v. Swoap

11 Cal. 3d 856 · California Supreme Court · Jul 2, 1974

Because both of the families qualified for two welfare programs, however, the State Department of Social Welfare (department) directed that the grants to the children be reduced by application of its newly propounded Regulation … Numerous cases of the United States Supreme Court have clearly established that under the governing provisions of the federal Social Security Act only a recipient’s actual available income may be deducted from his basic welfare

People v. Superior Court (Carl W.)

15 Cal. 3d 271 · California Supreme Court · Sep 19, 1975

“The problem in attempting to establish acceptable juvenile court procedures is to attain a working balance between two essential objectives—first, preserving the guarantee of due process to the minor; and second, establishing … “The problem in attempting to establish acceptable juvenile court procedures is to attain a working balance between two essential objectives—first, preserving the guarantee of due process to the minor; and second, establishing

Morehart v. County of Santa Barbara

7 Cal. 4th 725 · California Supreme Court · May 12, 1994

The resolutions thus established a cutoff date of July 2, 1984 (the date of their adoption), prior to which a parcel must be separately held to qualify for the exception to the minimum lot size requirement. … The first and third tests do not, of course, establish implied legislative preemption.here.

Beacon Residential Community Ass'n v. Skidmore, Owings & Merrill LLP

59 Cal. 4th 568 · California Supreme Court · Jul 3, 2014

Buick Motor Co. (1916) 217 N.Y 382 [111 N.E. 1050], qualified the general rule exonerating manufacturers from third party claims with an exception applicable whenever ‗ ―the nature of a [manufactured] thing is such that it … Defendants further rely on the established principle that ―[a] statute will be construed in light of common law decisions, unless its language ‗ ―clearly and unequivocally discloses an intention to depart from, alter, or

In Re Deborah C.

30 Cal. 3d 125 · California Supreme Court · Nov 5, 1981

To hold otherwise, we said, would penalize police for wrongful searches but immunize those of *132 private security guards, when the conduct was illegal and deterrable in both situations. (P. 368.) … Clearly these are the acts of a law enforcement officer." ( Id. at pp. 633-634.) Since no such circumstances appear in the instant case, I reach the same result as do my colleagues in the majority.

People v. Conley

63 Cal. 4th 646 · California Supreme Court · Jun 30, 2016

A defendant does not qualify for this ameliorative change, however, if his current offense is a controlled substance charge involving large quantities (id., subd. … Code, § 667.5), and that he had two prior convictions that qualified as strikes under the Three Strikes law (Pen. Code, § 1170.12).