Case law

Campbell-Kawannanakoa v. Campbell

152 Cal. 201 · California Supreme Court · Oct 9, 1907

On December 20, 1901, the surviving wife was appointed and qualified as administratrix with the will annexed in said superior court. … Rep. 98 , 67 Pac. 282 ], clearly constituted under the authorities what is known as extrinsic fraud warranting equitable relief. (See Bergin v. Haight, 99 Cal. 52 , [ 33 Pac. 760 ]; Tillman v.

Davis v. Municipal Court for San Francisco Judicial District

46 Cal. 3d 64 · California Supreme Court · Jul 28, 1988

had been charged with specifically enumerated drug offenses could be considered for diversion, and (2) that of the defendants so charged, only those who satisfied a series of *74 additional designated prerequisites could qualify … The function thereby conferred relates only to what is clearly the province historically of the public prosecutor, i.e., the discretion whether or not to prosecute. [Citations.]

People v. Fair

43 Cal. 137 · California Supreme Court · Jan 15, 1872

The statute declares that such a motion, when made, must be based upon one or more of the grounds in that section mentioned—“ in the following cases only ” is the expression—and it clearly excludes all other grounds whatsoever … every grade, prescribed certain rules as to the right to open and close the argument; but those rules, when applied to the conduct of cases capital in degree, in which two counsel on each side were to address the jury, were qualified

Yoshisato v. Superior Court

2 Cal. 4th 978 · California Supreme Court · Jun 25, 1992

Proposition 114 received more votes than Proposition 115, and is clearly operative. … Instead, it merely establishes that the effective date for unaltered portions of an amended statute remains the date on which the original, unaltered enactment was first operative.

Reeves v. Hanlon

17 Cal. Rptr. 3d 289 · California Supreme Court · Aug 12, 2004

As Buxbom explained, however, this general rule is subject to one significant limitation: “This immunity against liability is not retained ... if unfair methods are used in interfering in such advantageous relations.” … Under the UTSA, a client list qualifies as a “[t]rade secret” if it “[d]erives independent economic value, actual or potential, from not being generally known to the public or to other persons who can obtain economic value

Caminetti v. Pac. Mut. Life Ins. Co. of Cal.

22 Cal. 2d 77 · California Supreme Court · Apr 30, 1943

That right is protected, and it is also clearly indicated that lapsed policies with that right are in a special category by paragraph 4 of the agreement. … They may obtain reinstatement at any time within seventy-five days by application and payment of premiums without establishing insurability if they are not then entitled to benefits.

Anton v. San Antonio Community Hospital

19 Cal. 3d 802 · California Supreme Court · Aug 31, 1977

The decision in question is clearly final and is adjudicatory rather than legislative in character. … Clearly this language is not limited, on its face at least, to governmental as opposed to nongovernmental agencies.

People v. Trevino

109 Cal. Rptr. 2d 567 · California Supreme Court · Jul 26, 2001

The prosecution alleged the Texas conviction as a qualifying prior-murder special circumstance. … The clearly established circumstance of the defendant's age at the time of the offense should be considered relevant when that age would render the offense not "punishable as first or second degree murder."

Park v. Park

27 Cal. 3d 337 · California Supreme Court · Jun 30, 1980

It does not seem to matter if the particular circumstances qualify as fraudulent or mistaken in the strict sense. (Zastrow v. Zastrow (1976) 61 Cal.App.3d 710, 716 [ 132 Cal. … Clearly, Mr. Park had a duty to inform the court of the extrinsic facts that prevented his wife’s attendance. (Id.; see also Olivera v. Grace, supra, 19 Cal.2d at p. 577 ; Edison v. Edison (1960) 178 Cal.

People v. Pearson

56 Cal. 4th 393 · California Supreme Court · Mar 21, 2013

Here, the prosecutor properly argued that the evidence established Dr. … human behavior, a subject that is clearly beyond a juror‘s common knowledge.

People v. Municipal Court (Runyan)

20 Cal. 3d 523 · California Supreme Court · Jan 20, 1978

[T]he language employed in the clause of the constitution in question clearly shows what was meant by the word `deposition' as then used.... … It is clearly inapplicable when, as here, an accused seeks to protect his right to a fair trial.

Golden Gateway v. Golden Gateway Tenants Ass'n

111 Cal. Rptr. 2d 336 · California Supreme Court · Aug 30, 2001

But the latter proviso neither grammatically nor legally qualifies the simple and sweeping free speech ■ guarantee with which section 2(a) begins. … This separate-property clause clearly illustrates that the free speech clause was not unique, in 1849, in granting rights against private parties as well as state actors.

People v. Breverman

77 Cal. Rptr. 2d 870 · California Supreme Court · Aug 31, 1998

Moreover, that right is itself qualified and limited by the standards of appellate review also established by the state Constitution. … The issues presented by such a claim must properly await a case in which they have been clearly raised and fully briefed.

In Re the Estate of Ross

187 Cal. 454 · California Supreme Court · Dec 2, 1921

Nicholson, one of the appellants and a relative of Catherine Ross, were appointed and qualified as administrator and administratrix, respectively, of the estate of Catherine Ross. … The Estate of Jepson is clearly inapplicable and the Nigro case is undoubtedly apposite and controlling.” The position of appellants is untenable.

Belridge Farms v. Agricultural Labor Relations Board

21 Cal. 3d 551 · California Supreme Court · Jun 22, 1978

Labor Code section 1149 confers upon the general counsel final authority over the issuing of complaints, establishing that in these matters he acts independently of the board. … Clearly Hollman is not applicable here, since the general counsel did exercise his discretion by refusing to issue the complaints. I would dismiss the instant proceedings.

United States v. State

25 Cal. 2d 697 · California Supreme Court · Dec 30, 1944

In the present case the incompetent was represented by a duly appointed and qualified guardian. … Tennessee, 290 U.S. 354 [ 54 S.Ct. 138 , 78 L.Ed. 358 ] : ‘We see no token of a purpose to extend a like immunity to permanent investments or the fruits of business enterprises. ’ In this respect it is interesting to observe

Union Oil Associates v. Johnson

2 Cal. 2d 727 · California Supreme Court · Mar 26, 1935

In the instant case our constitutional amendment and legislation were enacted to establish a mode of taxation which would comply with the federal permissive statute. … By the allegations of said complaint plaintiff brings itself clearly within *737 the federal definition of a holding company.

People v. Sully

53 Cal. 3d 1195 · California Supreme Court · Jul 11, 1991

As noted, the facts overwhelmingly established a conspiracy to lure prostitutes and other women to defendant’s warehouse to be killed, and their bodies disposed of, and further established Burns’s complicity in the operation … The record does not clearly show that the court reviewed or considered the probation report as part of the automatic modification motion.

Cable Connection, Inc. v. DirecTV, Inc.

44 Cal. 4th 1334 · California Supreme Court · Aug 25, 2008

It is well established that arbitrators do not exceed their powers merely by committing legal error. (Moncharsh, supra, 3 Cal.4th at p. 28 .) … majority’s principle that an arbitration agreement may give rise to full judicial review of an arbitrator’s legal determinations, is in context rather an undeveloped suggestion that parties have some limited capacity to qualify

In Re Tenner

20 Cal. 2d 670 · California Supreme Court · Aug 3, 1942

Ct. 456 , 47 L.Ed. 657 ]), and Congress, by statute, established the procedure to make it effective. … That being true the act here in question must fall as it is clearly inconsistent with the provisions of the Constitution of the United States and the act of Congress above-mentioned.