Case law

Farm Raised Salmon Cases

72 Cal. Rptr. 3d 112 · California Supreme Court · Feb 11, 2008

Section 343-1 Permits States to Adopt Identical Requirements The words of section 343-1 clearly and unmistakably evince Congress’s intent to authorize states to establish laws that are “identical to” federal law. (§ 343-1 … While Congress clearly stated its intent to allow states to establish their own identical laws, it said absolutely nothing about proscribing the range of available remedies states might choose to provide for the violation

C. S. Smith Metropolitan Market Co. v. Lyons

16 Cal. 2d 389 · California Supreme Court · Oct 14, 1940

S.) 550], where the court said: “In reference to the word ‘unfair’ it clearly appears that as employed by the defendants and labor organizations generally, it has a technical meaning. . . . … Most rights are qualified.” (American Bank & Trust Co. v. Federal Bank, (1921) 256 U. S. 350, 358 [41 Sup. Ct. 499, 65 L. Ed. 983 , 25 A. L. R 971].)

People v. Martinez

3 Cal. Rptr. 3d 648 · California Supreme Court · Nov 12, 2003

Clearly, he waived the point by not objecting on this ground. (E.g., People v. Hawkins (1995) 10 Cal.4th 920, 945 , 42 Cal.Rptr.2d 636 , 897 P.2d 574 .) 2. … App.3d 197 , 281 Cal.Rptr. 205 ) established the law of the case that this court must adhere to.

People Ex Rel. Dept. of Public Works v. Donovan

57 Cal. 2d 346 · California Supreme Court · Feb 20, 1962

It is firmly established in our law that affidavits of jurors may not be used to impeach their verdict (Kollert v. … The questions proposed to be asked of the witness clearly were relevant, material and competent. This is all the “good cause” necessary in the lack of statutory requirements otherwise.

Estate of Skinker

47 Cal. 2d 290 · California Supreme Court · Nov 20, 1956

The question here posed is clearly determined by the provisions of section 13988 of the Revenue and Taxation Code, which reads in part as follows: "The ordinary expenses of administration in the estate of any decedent are … from Estate of Spires, 126 Cal.App. 174, 177 ( 14 P.2d 340 )], the right of the executor to a defined rate or standard of compensation is not vested as of the date of the decedent's death, nor even as of the date when he qualified

Samson Market Co. v. Alcoholic Beverage Control Appeals Board

71 Cal. 2d 1215 · California Supreme Court · Oct 21, 1969

1961, and applicable to the case before us, retail prices are established unilaterally by filing a minimum price schedule. [3] As the court said in Reimel v. … I further conclude that since the provisions of section 24755.1 are clearly inseverable, the entire section is inoperative. The licensee's argument that the section has vitality here must therefore fall.

Taking Offense v. State of Cal.

California Supreme Court · Nov 6, 2025

Plaintiff, which has the burden to establish standing (Kwikset Corp. v. … (Ibid.) 15 The court declined, however, to view discriminatory speech as categorically immune from First Amendment scrutiny.

Harding & Loftin v. Jasper

14 Cal. 642 · California Supreme Court · Jul 1, 1860

We qualify the proposition by the latter words, because it is held by authority and upon reason, that it requires stronger proof of dedication in the cases of roads in the country, than that of streets or lanes in a town … Before the owner should be deprived of his property, bis intention to part with it should be clearly and unequivocally expressed.

Neel v. Mannings, Inc.

19 Cal. 2d 647 · California Supreme Court · Mar 2, 1942

A qualified architect, called as a witness by defendant, testified with reference to approved building standards for structures of the type in question as follows: “In my opinion these steps and stairway and that balcony … Clearly tendered by the pleadings in this case and the basis of plaintiff’s charge of negligence against defendant was the issue as to the dangerous and defective condition of the stairs leading to the restaurant on the balcony

San Diego County Department of Mental Health v. Manton

39 Cal. 3d 645 · California Supreme Court · Aug 22, 1985

Deney concluded that appellant was gravely disabled and recommended that a conservatorship be established over his person because he was unable to accept treatment voluntarily. … Clearly, but for some exception to the hearsay rule, the report would be inadmissible as containing hearsay and even hearsay on hearsay. (Evid. Code, § 1200.)

Keenan v. Superior Court

117 Cal. Rptr. 2d 1 · California Supreme Court · Feb 21, 2002

Keenan published a book of poetry anonymously, the royalties would probably not qualify as profits as defined by the subdivision. … Although New York’s law was too over-inclusive to qualify, a more narrowly drawn statute might face only intermediate scrutiny under Ward and City of Renton.

People v. Santana

56 Cal. 4th 999 · California Supreme Court · Jun 10, 2013

Taylor (2004) 118 Cal.App.4th 11, 24 [“Unlike serious bodily injury, the statutory definition of great bodily injury does not include a list of qualifying injuries”].) … Keenan, supra, 227 Cal.App.3d at pp. 35-36 [cigarette burns to breasts “clearly involved a serious permanent disfigurement” under § 203 (fn. omitted)].)

People v. Williams

71 Cal. 2d 614 · California Supreme Court · Jul 7, 1969

Defendant does not contend that the evidence is insufficient to establish that he committed the homicide. … Defendant claims that the exclusion of these prospective jurors was contrary to the standards established in Witherspoon v.

Beeks v. State Bar of California

35 Cal. 2d 268 · California Supreme Court · Apr 28, 1950

They failed to qualify, but petitioner allowed them to retain the money for their time and trouble. … possesses the ability and learning necessary to qualify him to again engage in the practice of the law.

Donkin v. Donkin

58 Cal. 4th 412 · California Supreme Court · Dec 26, 2013

We recognize that a party may be able to qualify for a fairness exception (§ 3, subd. … The Successor Trustees do not qualify for a fairness exception to the presumptive applicability of the current law.

Mateer v. Brown

1 Cal. 221 · California Supreme Court · Dec 15, 1850

There was no act done by him, in his character of agent, at the time of making them, which would have been admissible evidence against the defendant, and which such declarations were calculated to qualify or explain. … We cannot clearly see that it had no effect, and, consequently, a new trial must be granted. As the cause is to be re-tried, it is proper that we should express our views in relation to the other points in the case.

Fremont v. Boling

11 Cal. 380 · California Supreme Court · Jul 1, 1858

It is a well established principle, “ that all laws are to commence in futuro and operate prospectively.” … He utterly ignores all contemporary and subsequent legislation, qualifying or repealing the aforesaid Acts.

Marcone v. Dowell

178 Cal. 396 · California Supreme Court · Jun 10, 1918

But this description was qualified by an exception of the land conveyed by Aubrey to Llata by the deed of July, 1878. … They were clearly not admissible as records of title. (Payne v. English, 79 Cal. 540 -547, [ 21 Pac. 952 ].)

Meyer v. State Board of Equalization

42 Cal. 2d 376 · California Supreme Court · Mar 1, 1954

The sole evidence being the written documents without qualifying testimony, their legal effect is a question of law, and the interpretation given to them by the trial court is not binding upon appeal. … By a long line of decisions, it is established in this state that such a pleading is not admissible as direct evidence to establish a fact in issue. (Mecham v. McKay, 37 Cal. 154, 165 ; Ponce v.

Johnston v. Board of Supervisors

31 Cal. 2d 66 · California Supreme Court · Dec 9, 1947

Even if it be assumed that the contemplated action would be in excess of the board’s jurisdiction in this case, any authority that a court might have to enjoin such action is qualified by the requirement that plaintiff show … This section clearly authorizes a county board of supervisors to provide in the county zoning ordinance for reasonable and practical means for putting the master plan into effect.