Case law

Estate of Johnson

139 Cal. 532 · California Supreme Court · Jul 10, 1903

Its sole purpose was to declare to the several states that whatever rights, as you grant or establish them to your own citizens, or as you limit or qualify or impose restrictions on their exercise, the same, neither more … It was the legislative design, clearly expressed, that their property should not be subjected to the burden of the tax, and yet by that decision upon their property is imposed a burden which the legislature not only meant

Pitts v. County of Kern

17 Cal. 4th 340 · California Supreme Court · Jan 29, 1998

The alleged conduct exceeded the clearly established legal norms for preparing witnesses for trial. [Citation.] … Prosecutors are only entitled to qualified immunity, however, for conduct not “intimately associated with the judicial phase of the criminal process,” including giving legal advice to police, or conducting investigations

People Ex Rel. Owen v. Miami Nation Enters.

211 Cal. Rptr. 3d 837 · California Supreme Court · Dec 22, 2016

Unkechuage Nation (E.D.N.Y. 2009) 660 F.Supp.2d 442 held that the entity seeking immunity ―must establish, by a preponderance of evidence, that it is an arm of the [tribe], and thus entitled to immunity.‖ (Id. at p. 465; … In adopting this factor, we disagree with the Colorado Supreme Court‘s view that high court precedent ―render[s] the entity‘s purpose and its activities irrelevant to the determination whether it qualifies for immunity.‖

Avila v. Citrus Community College District

41 Cal. Rptr. 3d 299 · California Supreme Court · Apr 6, 2006

The Assembly Committee on the Judiciary analysis of the bill noted the uncertainty in the Courts of Appeal over the availability of Civil Code section 846 qualified immunity to public entities. (Assem. … Assembly Bill No. 555, “by providing a qualified immunity, would limit a public entity’s duty to keep its land safe for certain recreational users.” (Sen. Com. on Judiciary, Analysis of Assem.

Stewart v. McCollister

37 Cal. 2d 203 · California Supreme Court · May 15, 1951

But the question remains as to the extent to which such common law right of action was thereby qualified. … it was intended by said section to place in the hands of the negligent employee the power to conceal the fact of his employment for the short period allowed for the filing of a verified claim, and then to render himself immune

Sanborn v. Chronicle Publishing Co.

18 Cal. 3d 406 · California Supreme Court · Dec 3, 1976

Conditional or qualified privilege. … Simpson (1969) 1 Cal.3d 301, 308 [ 81 Cal.Rptr. 855 , 461 P.2d 39 ], illustrating the type of evidence sufficient to establish malice.) d.) Statutory immunity.

Corning Hospital District v. Superior Court

57 Cal. 2d 488 · California Supreme Court · Apr 4, 1962

It is clear from the legislation as a whole, however, that section 1 cannot be interpreted in this manner but is qualified by sections 3 and 4. … Corning Hospital Dist. recognized causes of action which under long-established rules had previously been denied recognition.

People v. Nunn

46 Cal. 2d 460 · California Supreme Court · May 8, 1956

He thus qualified as an expert and *467 as such his opinion was properly received. (People v. Ernst, 121 Cal.App.2d 287 at 292 [ 263 P.2d 114 ]; People v. Horowitz, 70 Cal.App.2d 675, 689 [13] [ 161 P.2d 833 ].) … Here the inspector was immune from such prosecution. Defendant urges certain language used in People v.

Villanueva v. Fidelity National Title Company

California Supreme Court · Mar 18, 2021

Qualified immunity, for example, likewise supplies “an immunity from suit rather than a mere defense to liability.” (Mitchell v. Forsyth (1985) 472 U.S. 511, 526.) … Fitzgerald (1982) 457 U.S. 800, 819–820 [remanding for lower court to determine whether, in face of claimed qualified immunity, case could go to trial]).

Malloy v. Fong

37 Cal. 2d 356 · California Supreme Court · Jun 1, 1951

It was therefore left without effective supervision and without an instructor qualified to conduct the Bible classes. … The evidence clearly supports the conclusion of the jury that such control existed in the present case.

Milligan v. City of Laguna Beach

34 Cal. 3d 829 · California Supreme Court · Oct 31, 1983

Section 831.2 is part of the Tort Claims Act of 1963 (§§ 810-996.6), which established governmental liability and immunity for tortious acts. … The “possible explanation” militates in favor of liability—not immunity—because the basic rule is that “unless the Legislature has clearly provided for immunity, the important societal goal of compensating injured parties

Cory v. Shierloh

29 Cal. 3d 430 · California Supreme Court · Jun 11, 1981

Expressing a single exception to the foregoing sweeping immunity, the Legislature in section 25602.1 of the Business and Professions Code, added the following qualifying language: “Notwithstanding subdivision (b) of Section … It is well settled that the Legislature possesses a broad authority both to establish and to abolish tort causes of action.

Verdugo v. Target Corp.

59 Cal. 4th 312 · California Supreme Court · Jun 23, 2014

That statement was clearly dictum inasmuch as the defendant in Rotolo had voluntarily acquired and installed an AED. … The statutory provisions and related regulations establishing the prerequisites to civil immunity for those entities acquiring an AED reflect the numerous related requirements that a jury is likely to view as reasonably necessary

Quong Ham Wah Co. v. Industrial Accident Commission

184 Cal. 26 · California Supreme Court · Oct 5, 1920

The theory of territorial sovereignty has been too long established as a principle of international law to admit of question at this time. … Its sole purpose was to declare to the several states that whatever rights, as you grant or establish them to your own citizens, or as you limit or qualify or impose restrictions on their exercise, the same, neither more

Ex Parte Gerino

143 Cal. 412 · California Supreme Court · Jun 1, 1904

The law establishes an examining board and prescribes its duties and powers, and the power of the legislature to establish such board is not disputed. … A diploma is required because its possession indicates that the applicant has, to some extent, prosecuted the studies necessary to qualify him to follow the medical profession.

Ex parte Nichols

110 Cal. 651 · California Supreme Court · Jan 2, 1896

He is given the opportunity and instruction to learn a trade and qualify himself for the duties of citizenship, so that at the end of his term he will go out prepared to take care of himself and those dependent upon him without … Taking a boy out of the state prison and putting him in the school, with the “benefits and immunities” of its other inmates, is certainly not turning the reform school into a state prison.

Fahlen v. Sutter Central Valley Hospitals

58 Cal. 4th 655 · California Supreme Court · Feb 20, 2014

As we discuss below, both state and federal statutes seek to encourage participation in medical peer review activities by providing qualified tort immunity for those involved in reasonably founded medical peer review decisions … Canon Business Solutions, Inc. 7 As Westlake noted, an individual member of a hospital’s medical staff peer review committee has a qualified state law immunity against personal liability for monetary damages for any

Tunkl v. Regents of University of California

60 Cal. 2d 92 · California Supreme Court · Jul 9, 1963

In the light of the decisions, we think that the hospital-patient contract clearly falls within the category of agreements affecting the public interest. … We cannot lightly accept a sought immunity from careless failure to provide the hospital service upon which many must depend.

Del Monte v. Wilson

1 Cal. 4th 1009 · California Supreme Court · Feb 24, 1992

Such a result would be clearly impermissible.” (Zobel, supra, 457 U.S. at p. 64 [ 72 L.Ed.2d at p. 680 ], fns. omitted.) … The court observed that the statute created two classes of Vietnam War veterans: those who established residency before May 8,1976, who qualified for the exemption, and those who arrived later, and thus did not qualify for

People v. Kelly

47 Cal. 4th 1008 · California Supreme Court · Jan 21, 2010

The CUA does not grant immunity from arrest for those crimes, however. … Two sections afford immunity from criminal liability for various crimes — they parallel the immunity afforded by the CUA for possession and cultivation, and extend immunity for other related offenses, such as transportation