Case law

Estate of Johnston

47 Cal. 2d 265 · California Supreme Court · Nov 2, 1956

The language used by the testatrix in her will directing that all other assets be held and administered by the executor of her estate “until they liquidate themselves” clearly indicated a desire on the part of the testatrix … On the other hand, 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 as executor, but such right first

CALIFORNIANS FOR DISAB. RIGHTS v. Mervyn's

46 Cal. Rptr. 3d 57 · California Supreme Court · Jul 24, 2006

CDR, arguing the new standing provisions do not apply to pending cases, relies on the "well-established presumption that statutes apply prospectively in the absence of a clearly expressed contrary intent . . . ." ( Evangelatos … existed under the common law ( Elsner, supra, 34 Cal.4th 915, 937-938 , 22 Cal.Rptr.3d 530 , 102 P.3d 915 ); (b) subjected tobacco sellers to tort liability for acts performed at a time when they enjoyed the protection of an immunity

Ecco-Phoenix Electric Corp. v. Howard J. White, Inc.

1 Cal. 3d 266 · California Supreme Court · Nov 20, 1969

Although the instruction complained of, if isolated, might be erroneous, a reading of the entire charge to the jury reveals that this broad statement was qualified substantially. … Although the subsequent verdict established that plaintiff was in fact entitled to over $11,000, which we must for present purposes conclude to be the accurate amount owed, defendant had offered a settlement of only $3,101

People v. Salazar

63 Cal. 4th 214 · California Supreme Court · May 26, 2016

“Recent decisions of this court have emphasized the importance of meaningful death-qualifying voir dire. … “Our task in deciding a challenge to the sufficiency of the evidence is a well-established one.

People v. Moore

69 Cal. 2d 674 · California Supreme Court · Nov 20, 1968

Those statements are clearly too broad. … We rejected a similar contention in In re De La O, supra, 59 Cal.2d 128, 134-150, concluding that the statutory scheme shows that the program established by the Legislature was one for the quarantine, treatment, and rehabilitation

People v. Cahan

44 Cal. 2d 434 · California Supreme Court · Apr 27, 1955

The guilt of the appellant is clearly demonstrated by the record before us. (See People v. Cahan, (Cal.App.) 274 P.2d 724 .) … The spectacle of an obviously guilty defendant obtaining a favorable ruling by a court upon a motion to suppress evidence or upon an objection to evidence, and thereby, in effect, obtaining immunity from any successful prosecution

Richman v. San Francisco, Napa & Calistoga Railway

180 Cal. 454 · California Supreme Court · May 31, 1919

its .own motion and the basis of the'award of future damages is not touched upon elsewhere in the charge, nor in any instruction proposed -by either of the parties. [5] The use of the expression “reasonably probable” was clearly … The objections to the testimony were that .he was not qualified as an expert on the subject, because he was not acquainted with the rules in controversy; that the standard rules were irrelevant and immaterial, and that his

Connor v. Great Western Savings & Loan Ass'n

69 Cal. 2d 850 · California Supreme Court · Dec 12, 1968

He subsequently established a number of companies that engaged principally in subdividing raw acreage. … The basic tests for determining the existence of such a duty are clearly set forth in Biakanja v.

Davis v. Fresno Unified School Dist.

California Supreme Court · Apr 27, 2023

The resolution of that question turns on whether such a lease-leaseback arrangement qualifies as a “contract[]” for purposes of section 53511. B. … We said: “The practical consequence of [the validation statutes] should be clearly recognized: an agency may indirectly but 12  DAVIS v.

In re Johnson

18 Cal. 4th 447 · California Supreme Court · Jun 29, 1998

Relevant, therefore, was both evidence that would have qualified as “newly discovered” for purposes of a motion for new trial and evidence that, although not so qualifying, was known or could have been discovered by diligent … Clearly, however, the referee did not reject the testimony of petitioner’s witnesses solely because they had suffered such convictions; the referee also relied on their lengthy delay in coming forward.

People v. Stankewitz

51 Cal. 3d 72 · California Supreme Court · Jul 5, 1990

The fact that a witness has been charged or held to answer for the same crimes as the defendant and then has been granted immunity does not necessarily establish that he or she is an accomplice. (People v. … Ford (1966) 65 Cal.2d 41 [ 52 Cal.Rptr. 228 , 416 P.2d 132 ], which defendant cites as controlling, is clearly distinguishable.

Black v. State Bar

7 Cal. 3d 676 · California Supreme Court · Jul 25, 1972

By the quoted phrase the court evidently meant “tend to establish criminal liability.” In Johnson v. … Unless the client otherwise directs in writing, [a member of the State Bar] shall promptly deposit his client’s funds in ... a bank account separate from his own account and clearly designated as ‘Clients’ Funds Account’

Simpson Strong-Tie Co., Inc. v. Gore

49 Cal. 4th 12 · California Supreme Court · May 17, 2010

Statements or conduct made during the delivery of goods or services thus would qualify as statements or conduct made in the course of delivering the goods or services. (Cf. § 425.17(c)(1).) … is “clearly not about [the defendant]’s business, rather it is about [the plaintiff], which, as [the plaintiffs] admit, is not a business competitor of [the defendant]”].)

Brown v. Kelly Broadcasting Co.

48 Cal. 3d 711 · California Supreme Court · Apr 27, 1989

The importance of this distinction was clearly illustrated in Snively v. … This malice must be established by “clear and convincing proof.” (Gertz, supra, 418 U.S. at p. 342 [ 41 L.Ed.2d at p. 807 ].)

In Re Werner

129 Cal. 567 · California Supreme Court · Aug 24, 1900

“The several counties, as they now exist, are hereby recognized as legal subdivisions of this state.....The legislature shall establish a system of county government which shall be uniform throughout the state; .... and by … general laws shall provide for township organization, by which any county may organize whenever a majority of the qualified electors of such county voting at a general election shall so determine; and whenever a county shall

McGill v. Citibank, N.A.

216 Cal. Rptr. 3d 627 · California Supreme Court · Apr 6, 2017

Likewise, the court explained in Cruz, an injunction under the UCL or the false advertising law against deceptive advertising practices “is clearly for the benefit of . . . the general public”; “it is designed to prevent … But a law established for a public reason cannot be contravened by a private agreement.”

Davis v. Hearst

160 Cal. 143 · California Supreme Court · Jun 6, 1911

Hearst, where the libel clearly referred *185 to plaintiff, but the intent to refer, not to him, but to another, was established to destroy any inference of malice. … establish the charge.

People v. DeSantis

2 Cal. 4th 1198 · California Supreme Court · Jul 13, 1992

In sum, though the bargain obviously contained “a. . . degree of compulsion [of the type] inherent in any plea agreement or grant of immunity” (People v. … Code, § 800), for “there is no logical reason why qualified lay witnesses cannot give an opinion as to mental condition less than sanity” (People v.

Danskin v. San Diego Unified School District

28 Cal. 2d 536 · California Supreme Court · Jun 26, 1946

So long as no more is involved than the exercise of the rights of free speech and free assembly, it is immune to such a restriction.” (Thomas v. … The present case is clearly distinguishable from Communist Party v. Peek, 20 Cal.2d 536 [ 127 P.2d 889 ].

Brown v. USA Taekwondo

California Supreme Court · Apr 1, 2021

Nally never squarely addressed the proper role of Rowland in its analysis, nor did it purport to qualify or limit the considerable body of case law explaining that Rowland is a guide to determining when to create exceptions … from duties otherwise established.