Case law

Interstate Brands v. Unemployment Insurance Appeals Board

26 Cal. 3d 770 · California Supreme Court · Apr 10, 1980

Rights which qualify on the first basis, we think, must include those which were considered sufficient to invoke independent review under pre-Bixby law. 6 In holding that plaintiff’s right to be free from erroneous charges … As the Board concedes, this conclusion and the findings made in support of it are clearly supported by substantial evidence in the record and therefore must be sustained on appeal. (See Harlow v.

Hill v. National Collegiate Athletic Assn.

7 Cal. 4th 1 · California Supreme Court · Jan 28, 1994

(the right of privacy is “clearly among the most intimate and fundamental of all constitutional rights”); Doyle v. … To similar, if qualified, effect is Semore v.

Oakland Paving Co. v. Hilton

69 Cal. 479 · California Supreme Court · May 1, 1886

When a mode is thus established and ordained, it must be followed. … If this is form and machinery, it is form and machinery established by the constitution.

City of Santa Cruz v. Southern Pac. R.R.

163 Cal. 538 · California Supreme Court · Aug 19, 1912

But in view of the public trust upon which the state itself holds these lands, a statute is not to be construed to devote such land to any other use, unless it clearly purports to do so. … For the reasons here given, we are of the opinion that the judgment is erroneous and that the city has established no right of possession, nor any cause for issuing the injunction prayed for.

King v. CompPartners, Inc.

236 Cal. Rptr. 3d 853 · California Supreme Court · Aug 23, 2018

For many years, if an employer wished to challenge a treating physician’s recommendation, it had to invoke a “cumbersome, lengthy, and potentially costly” dispute resolution process involving review by qualified medical evaluators … Therefore, we held, when an insurer “act[s] within its proper role in the compensation scheme” (Unruh, at p. 627), it “retain[s] immunity from lawsuit as the ‘alter ego’ of the employer” (id. at p. 625).

California Assn. of Psychology Providers v. Rank

51 Cal. 3d 1 · California Supreme Court · Jun 25, 1990

The Department’s regulations, however, establish a hospital hierarchy under which physicians outrank psychologists as to those functions for which both are licensed and qualified. … And the 1980 provision barring “discrimination” against either profession would clearly prohibit a rule that members of one profession have supervisory authority over the other, so we cannot infer an intent to permit such

People v. Northcott

209 Cal. 639 · California Supreme Court · Jun 26, 1930

The evidence very definitely establishes that the appellant is a moral pervert and degenerate of the very lowest type. … That appellant had the assistance of counsel after he had elected to take personal charge of his defense clearly appears from the record.

Hill v. Hill

23 Cal. 2d 82 · California Supreme Court · Oct 15, 1943

.” *86 The evidence clearly shows that the agreement was made in contemplation of divorce and conditioned thereon to the extent that it was not-to become effective except upon “the obtaining of a decree of divorce by one … On appeal from an order reducing the amount of payments, this court held the agreement was immune from judicial modification. The validity of the same agreement was again challenged in Ettlinger v.

Frye v. Tenderloin Housing Clinic, Inc.

40 Cal. Rptr. 3d 221 · California Supreme Court · Mar 9, 2006

legal services project or a qualified support center within the meaning of subdivisions (a) and (b) of Section 6213 of the Business and Professions Code. … The court’s terse conclusion was: “THC has failed to establish that the litigation it pursues is a form of political expression.

Pacific Railway Co. v. Wade

13 L.R.A. 754 · California Supreme Court · Sep 30, 1891

Crank qualified and took possession and has ever since continued to operate the road under the order of the court. … Proc., sec. 1248) inconsistent -with the measure of compensation established by section 499 of the Civil Code, and the latter must control, as it relates particularly to street-railroads.

Long Beach City High School District v. Stewart

30 Cal. 2d 763 · California Supreme Court · Oct 24, 1947

Such evidence was clearly inadmissible. As was said in Sacramento Southern Railroad Co. v. … Defendant testified that a restaurant, a beer parlor, and "several stores" were established at locations distant 800 feet to one-half mile from his property.

Napa Valley Wine Train, Inc. v. Public Utilities Commission

50 Cal. 3d 370 · California Supreme Court · Mar 19, 1990

The ICC held that Wine Train was “immun[e] from [the PUC’s] jurisdiction over the franchising, scheduling and pricing of freight or passenger operations.” (ICC Decision, supra, at p. 5.) … Clearly, passengers can include tourists.

People v. Cox

53 Cal. 3d 618 · California Supreme Court · May 2, 1991

In sustaining the jury’s guilt and penalty verdicts, the trial court emphasized that the evidence established “clearly beyond a reasonable doubt” that “defendant himself, without question, was the actual killer,” who acted … This holding is, nonetheless, qualified by our discussion of the rationale in its factual context.

Estate of Stickelbaut

54 Cal. 2d 390 · California Supreme Court · Jul 1, 1960

Appellant relies on several cases to establish a contrary result. … In Estate of Crites, supra, 155 Cal. 392 , both decedent’s widow and his child by a former marriage sought letters of administration when the executor named in the will failed to qualify.

Payne & Dewey v. Treadwell

16 Cal. 220 · California Supreme Court · Jul 1, 1860

It is a pleadable and issuable fact, to be established by conveyances from a paramount source of title, or by evidence of prior possession. … The averment is clearly a mere statement of a conclusion of law. In Payne et al. v.

People v. Edelbacher

47 Cal. 3d 983 · California Supreme Court · Jan 23, 1989

for the murder of defendant’s creditor, and this relevance clearly outweighed the risk of undue prejudice. … Therefore any cross-examination and comment on his silence at that time and thereafter was clearly improper.

City of Palm Springs v. Ringwald

52 Cal. 2d 620 · California Supreme Court · Aug 18, 1959

Therefore, the fund established by the ordinance here in question does not meet the requirements of the special fund doctrine. … The scope of section 18 of article XI clearly encompasses not alone property taxes but also the other types of “income and revenue” taxes that produce revenue for the general fund.

Ford & Vlahos v. ITT Commercial Finance Corp.

8 Cal. 4th 1220 · California Supreme Court · Dec 15, 1994

But the advertisement apparently inadvertently omitted the information about whom to contact to qualify as a bidder. … The foregoing reasoning clearly applies to the sale of an airplane. (Dyna lectron Corporation v. Jack Richards Aircraft Co. (W.D.Okla. 1972) 337 *1231 F.Supp. 659, 662-663.)

Skelly v. State Personnel Board

15 Cal. 3d 194 · California Supreme Court · Sep 16, 1975

III Petitioner finally contends that the penalty of dismissal is clearly excessive and disproportionate to his alleged wrong. We agree. … Consideration of these principles in the instant case leads us to conclude that the discipline imposed was clearly excessive.

Barber v. Galloway

195 Cal. 1 · California Supreme Court · Dec 1, 1924

levee district, for the purpose of paying the bonds of said district, there is no provision in that section that such property shall not be assessable and the provisions of the sections 12, 26, and 27, herein referred to, clearly … The provisions of the constitution forbidding discrimination as among citizens with respect to privileges and immunities and the provision of law with respect to qualifications of electors and the secrecy of the ballot are