Case law

People v. Acosta

124 Cal. Rptr. 2d 435 · California Supreme Court · Sep 11, 2002

Thus, the Legislature clearly intended that where the prosecution establishes more than the minimum number of triggering circumstances, the resulting sentence might prevent a defendant from ever being released. … This result would clearly be contrary to the language of the Three Strikes law, which commands that “[notwithstanding any other law,” the Three Strikes law “shall be applied in every case in which a defendant has a [qualifying

Heller v. Norcal Mutual Insurance

8 Cal. 4th 30 · California Supreme Court · Jul 25, 1994

We recently made this distinction even more clearly in Rubin v. Green, supra, 4 Cal.4th 1187. … It follows that her complaint arises from a communication connected with litigation, one that our case law clearly establishes is immunized by section 47(b).

Biakanja v. Irving

49 Cal. 2d 647 · California Supreme Court · Jan 17, 1958

This was an important transaction requiring specialized skill, and defendant clearly was not qualified to undertake it. His conduct was not only negligent but was also highly improper. … Hardy, 61 Wyo. 172 [ 156 P.2d 309, 313 ]), which is a misdemeanor in violation of section 6126 of the Business and Professions Code. * Such conduct should be discouraged and not protected by immunity from civil liability,

Sprecher v. Adamson Companies

30 Cal. 3d 358 · California Supreme Court · Dec 7, 1981

Its effect is to immunize or exempt the defendant from liability for negligence. … whether immunity should be given the possessor of land for *371 harm done by a natural condition of the land.

In Re Estate of Marshall

176 Cal. 784 · California Supreme Court · Dec 18, 1917

The appeal of Maria Chavez and Maria Ochoa contents itself with attacking the sufficiency of the evidence establishing the kinship of the respondent, without attempting to disclose evidence establishing the kinship of the … Clearly we think it is not.

Pacific Employers Insurance v. Industrial Accident Commission

19 Cal. 2d 622 · California Supreme Court · Feb 27, 1942

Petitioner argues, however, that even if it be assumed that the evidence established that Ehrhardt contracted the disease in the course of his employment, the application of the doctrine that an injury to be compensable must … The opinions of qualified medical witnesses with reference to the origin and cause of the injury are valid evidence which will support an award. (Newton v. Industrial Acc. Com., supra; State Compensation Ins. Fund v.

In Re Weber

11 Cal. 3d 703 · California Supreme Court · Jun 20, 1974

of immunity being essentially a legislative function. … Although Anderson clearly was “unavailable as a witness” (Evid. Code, § 240), the other criteria set by section 1230 of the Evidence Code have not been met.

People v. Morris

53 Cal. 3d 152 · California Supreme Court · Mar 28, 1991

The motion was clearly and unequivocally denied. … or method is sufficiently established to have gained general acceptance in its field; (2) testimony with respect to the technique and its application is offered by a properly qualified expert; and (3) correct scientific

Sullivan v. County of Los Angeles

12 Cal. 3d 710 · California Supreme Court · Nov 4, 1974

According to Webster's Third New International Dictionary (1961) "institute" means "to originate and get established ... … Clearly, one who is falsely imprisoned suffers damages identical in nature to those described in section 810.8. It should be equally apparent that plaintiff herein was a "prisoner" under section 844.6.

City of Huntington Beach v. Board of Administration

4 Cal. 4th 462 · California Supreme Court · Dec 24, 1992

Code, § 20000 et seq.) 2 establishes a retirement system for certain state and local government employees. … The rules governing statutory construction are well established. Our objective is to ascertain and effectuate legislative intent. (Kimmel v.

Jurd v. Pacific Indemnity Co.

57 Cal. 2d 699 · California Supreme Court · May 17, 1962

The extent of that holding is qualified by the emphasized language; and because the city cannot, as there held, create a liability against itself by permitting an employee to use a city-owned automobile for the employee’s … Subsection (1) does so restrict the liability but subsection (2) clearly provides that the insurance coverage applies to “any person while using an owned automobile . . . with the permission of the named insured.”

Rodriguez v. Bethlehem Steel Corp.

12 Cal. 3d 382 · California Supreme Court · Aug 21, 1974

Less than three years later, however, Muskopf abolished sovereign immunity by judicial decree. … We simply stressed that the challenged immunity was based on a “judicially created rule,” which “is patently unsound and totally inconsistent with the principles of proximate cause established in other areas of negligence

Schmidt v. Superior Court

48 Cal. 3d 370 · California Supreme Court · Mar 27, 1989

As we shall see, the Legislature clearly has not done so. … That conclusion, of course, would clearly be contrary to the Legislature’s intent.

People v. M'Donell

47 Cal. 134 · California Supreme Court · Jul 1, 1873

established by satisfactory proof. … But in this State a different rule has been established, and we see no reason to depart from it.

People v. Greg F.

55 Cal. 4th 393 · California Supreme Court · Aug 27, 2012

(b).) 6  Once jurisdiction on a 602 petition is established, the case proceeds to a dispositional hearing. … The language of section 733(c) specifically defines those who are considered to have such a current qualifying offense.

Kalloch v. Superior Court

56 Cal. 229 · California Supreme Court · Jul 1, 1880

He said in that case : *238 “ By ‘ the law of the land ’ is most clearly intended the general law'—a law which hears before it condemns, which proceeds upon inquiry, and renders judgment only after trial. … The accusation may be by Grand Jury, or without one, the trial by jury or by Court, and wdiatever is established will be 6 due process of law,’ so that it be general and impartial in operation, and disregard no provision

Bieber v. Lambert

152 Cal. 557 · California Supreme Court · Dec 10, 1907

The state holds such lands for sale and the mile clearly applicable to conflicting purchasers is that, other things being equal, he who is first in time is first in right. … It was held that he has the burden of proof to establish the averments of his answer to the effect that he is qualified to purchase.

Green v. State

64 Cal. Rptr. 3d 390 · California Supreme Court · Aug 23, 2007

Federal case law interpreting the ADA is clear that an employee bears the burden of proving, among other elements, that he or she meets the definition of a "qualified individual with a disability" in order to establish a … That interpretive guideline is clearly applicable to section 12940.

Christian Nationalist Party v. Jordan

49 Cal. 2d 448 · California Supreme Court · Nov 27, 1957

“(d) Except that whenever the registration of any party which qualified in the previous direct primary election falls below one-fifteenth of 1 percent of the total state registration, that party shall not be qualified to … We must, therefore, uphold the provisions of section 2540 of the Elections Code unless they are clearly unreasonable.

Zhang v. Superior Court

57 Cal. 4th 364 · California Supreme Court · Aug 1, 2013

Allowing her also to sue under the UCL does no harm to the rule established in Moradi-Shalal. … To forestall an action under the unfair competition law, another provision must actually „bar‟ the action or clearly permit the conduct.