Case law

Hersh v. Garau

218 Cal. 460 · California Supreme Court · Jun 30, 1933

He had also appraised property for the First National Bank of Culver City, and was apparently well qualified to give his opinion as to the value of the real estate. Mr. … This clearly indicates that appellants did not entertain an honest belief that the option had been previously revoked.

People v. Eroshevich

60 Cal. 4th 583 · California Supreme Court · Nov 3, 2014

After reviewing all the evidence, “in a light most favorable to upholding the verdict,” the trial court found the evidence to be “clearly insufficient.” … First, “society would pay too high a price „were every accused granted immunity from punishment because of any defect sufficient to constitute reversible error in the proceedings leading to conviction.‟ [Citation.]”

Facebook, Inc. v. City of S.F.

233 Cal. Rptr. 3d 77 · California Supreme Court · May 24, 2018

In support of their argument that a trial court does not qualify as a person or entity under the statute, amici curiae simply cite Marbury v. Madison (1803) 5 U.S. 137. … Because the record does not indicate whether, in fact, any public the established meaning of these terms” ’ ”]; Osorio v.

Randi W. v. Muroc Joint Unified School District

14 Cal. 4th 1066 · California Supreme Court · Jan 27, 1997

Defendants made these recommendations on forms that Fresno Pacific College supplied, which clearly stated that the information provided “will be sent to prospective employers.” … The Demurrers Defendants demurred, arguing that each cause of action failed as a matter of law because the facts alleged failed to establish defendants owed any duty to plaintiff.

Guardianship of Smith

42 Cal. 2d 91 · California Supreme Court · Jan 13, 1954

Is the trial court more sensitive than the parent to what the child’s best interests are, better qualified to determine how they are to be served? … On retrial the father must establish that the children will be legitimated as a minimum prerequisite to establishing his fitness for appointment as guardian.

Silberg v. California Life Insurance

11 Cal. 3d 452 · California Supreme Court · May 10, 1974

Ultimately, he lost his business and could not borrow additional funds because unpaid hospital and medical bills established him to be a poor credit risk. … The company also knew that there was a serious question whether plaintiff would qualify for workmen’s compensation benefits, and that the compensation carrier had consistently denied coverage on the ground that plaintiff

Sarracino v. Superior Court

13 Cal. 3d 1 · California Supreme Court · Dec 3, 1974

The statutory power of a commissioner "[t]o act as judge pro tempore when otherwise qualified so to act and when appointed for that purpose" (Code Civ. … Each summons clearly notified him that he had 30 days after service in which to file a responsive pleading (Code Civ. Proc., § 412.20, subd.

The Edward Barron Estate Co. v. the Woodruff Co.

163 Cal. 561 · California Supreme Court · Aug 20, 1912

His deceit lies back of the report and is based upon his false representation of the possession of special skill and knowledge qualifying him to make such a report. … So here we conceive that if plaintiff can establish that, under the circumstances charged, it suffered a loss of three hundred thousand dollars, or any part thereof, it is justly entitled to recover it, if it further establishes

Oosten v. Hay Haulers Dairy Employees & Helpers Union

45 Cal. 2d 784 · California Supreme Court · Dec 23, 1955

Furthermore, the parties appear to have so qualified their use of the term by express contemplation of the possibility of “strike, lockout, or other labor trouble (whether the parties hereto are directly or indirectly involved … But the evidence clearly shows that the employees vital to the processing of the milk refused to handle it despite a court order, the direct orders of the employer’s representatives to handle the milk and the threat of discharge

In Re Utz

48 Cal. 3d 468 · California Supreme Court · Mar 30, 1989

An attorney in a State Bar disciplinary matter does not possess the same immunity from being called to testify as a criminal defendant; the attorney “may be called upon to testify but may decline to answer questions on the … Petitioner next challenges the State Bar Court’s finding that “financial reward was clearly a main motive” for his conduct.

Turner v. Markham

155 Cal. 562 · California Supreme Court · May 24, 1909

Here, clearly, there was no abandonment, but rather positive evidence of a prosecution to completion of the oral agreement. … That the transaction was consummated to the last detail, saving only for the absence of a formal resolution of ratification upon the books of the corporation, this evidence, as we have reviewed it, clearly establishes, and

Miller & Lux Inc. v. Secara

193 Cal. 755 · California Supreme Court · Jun 10, 1924

The provision of section 78, excepting from certain assessments lands irrigated by water pumped from an underground source or sources, is clearly inapplicable to plaintiff’s land, none of which was so irrigated. … It is “the establishment of a fact by evidence.” (Code Civ. Proc., sec. 1824.)

In Re Estate of Relph

192 Cal. 451 · California Supreme Court · Dec 5, 1923

Marconi, which evidence was clearly incompetent for any other purpose whatsoever. … The trial court excluded this evidence, and its action in so doing was clearly erroneous.

Long Beach Police Officers Assn. v. City of Long Beach

59 Cal. 4th 59 · California Supreme Court · May 29, 2014

Succinctly put, subdivision (k) “ ‘incorporates other [disclosure] prohibitions established by law.’ ” (Copley Press, Inc. v. … Code, § 832.8) and because the civil service commission was not the officer’s employing agency, the civil service commission’s records did not qualify as “personnel records” protected by the Pitchess statutes.

Orosi Public Utility District v. McCuaig

196 Cal. 43 · California Supreme Court · Apr 15, 1925

It shall make such changes as it may deem advisable in, and shall define and establish the proposed boundaries. … These provisions clearly establish the contention that the essential purpose of the act is to form a quasi-municipal corporation which may acquire and operate public utilities and pay for their operation from *59 rates to

Shulman v. Group W Productions, Inc.

74 Cal. Rptr. 2d 843 · California Supreme Court · Jul 29, 1998

It is in the intrusion cases that invasion of privacy is most clearly seen as an affront to individual dignity. … Most were clearly law enforcement personnel, firefighters or paramedics.

McKay v. Retail Automobile Salesmen's Local Union No. 1067

16 Cal. 2d 311 · California Supreme Court · Oct 14, 1940

R. 1330], wherein the United States Supreme Court upheld the statute of Washington establishing a minimum wage law for women.) … That case quoted with approval the following statement of this rule: “It was recognized in the cases cited . . . that freedom of contract is a qualified and not an absolute right.

Telefilm, Inc. v. Superior Court

33 Cal. 2d 289 · California Supreme Court · Jan 21, 1949

Superior Court, supra, 3 Cal.2d 19 , the advantage of having a motion for a new trial heard and determined by “the judge who presided at the trial, if . . . available,” since he “is best qualified to rule” thereon because … Nelson, 30 Cal.2d 162, 164 [ 180 P.2d 886 ]), it clearly could not constitute any so-called “election” or “waiver,” and as a circumstance occurring after entry of the order granting a new trial, it would have no relevancy

People v. Lamar

148 Cal. 564 · California Supreme Court · Jan 29, 1906

Underhill, having qualified himself to speak on the subject, on inquiry as to the reputation of the deceased for those traits, stated that it was good. … The general rule on this point is already clearly stated in the foregoing authorities, and any extended discussion of it is unnecessary.

People v. Valenzuela

247 Cal. Rptr. 3d 651 · California Supreme Court · Jun 3, 2019

As described ante , defendant cannot establish entitlement to relief under the resentencing procedure of section 1170.18, subdivision (a). … Although the majority opinion does not clearly say so, this is an entirely different argument for granting relief.