Case law

Northrop Aircraft, Inc. v. California Employment Stabilization Commission

32 Cal. 2d 872 · California Supreme Court · Nov 1, 1948

For our purposes the computation date is June 30th for the purpose of establishing the contribution rate for the next succeeding calendar year (§ 42(a) (4)) and the rating period is the full calendar year next succeeding … But Northrop paid the tax and is suing for a refund; the state is not raising the statute of limitations as a bar to a recovery, for the suit is clearly brought in time.

Fraenkel v. Trescony

48 Cal. 2d 378 · California Supreme Court · Apr 19, 1957

Consistent with this interpretation of the statutory language, the trial court's judgment, based upon its determination that the construction in question did not qualify under the farming exemption, must be affirmed. … However, the merits of plaintiff's argument on this point need not be here decided, for the record clearly supports the finding that the grain elevator was not "located on a farm" as required for application of the exemption

People v. Gonzales

216 Cal. Rptr. 3d 285 · California Supreme Court · Mar 23, 2017

The drafters of the Act clearly had burglary in mind when defining “shoplifting.” … Thus, defendant would qualify for relief if he can show that his conduct would have constituted misdemeanor shoplifting, so long as he has not suffered a disqualifying conviction.13 (See §§ 459.5, subd.

Avco Community Developers, Inc. v. South Coast Regional Commission

17 Cal. 3d 785 · California Supreme Court · Aug 25, 1976

In such situations, the result would be that these lots, as well as others in similar subdivisions created more recently or lots established in future subdivisions, would be impressed with an exemption of indeterminate duration … Clearly, however, See The Sea did not hold that a building permit was not required for an exemption under the Act.

Loder v. City of Glendale

14 Cal. 4th 846 · California Supreme Court · Jan 6, 1997

Newhouse reviews the results and recommends either qualifying or disqualifying the applicant; if the results are positive, the initial disqualification remains in effect. … Indeed, there are a number of passages in Hill that clearly indicate that the court, while recognizing that involvement of a governmental entity might affect the degree of the intrusion imposed by particular conduct and the

California Shipbuilding Corp. v. Industrial Accident Commission

31 Cal. 2d 278 · California Supreme Court · Dec 30, 1947

It is difficult to ascertain whether the majority opinion holds that the evidence is insufficient to establish serious and wilful misconduct or that such misconduct, although established, was not shown to be chargeable to … Certainly, the ship was one separate project of the employer’s work and the man in charge of it and all the men thereon, qualifies as a managing officer. x At the time Billie Lovett fell into the hole the lighting conditions

Lindsay-Strathmore Irrigation Dist. v. Superior Court of Tulare Cty.

182 Cal. 315 · California Supreme Court · Feb 20, 1920

It clearly appears from this statement of facts averred in the complaint that the lot of Judge Wallace, being in the city of Visalia, is within the limits of said tract known as the Kaweah delta. … As a resident of the city he has a right to receive water from that company upon payment of established water rates.

Siegel v. Committee of Bar Examiners

10 Cal. 3d 156 · California Supreme Court · Oct 9, 1973

I think that everything I have said establishes pretty clearly my position, the type of person that I am. … This arrangement renders it clearly possible that recording continued even though the amplification system was no longer operative.

Estate of Dillingham

196 Cal. 525 · California Supreme Court · Jul 30, 1925

The trustee shall distribute and convey the trust fund and any undistributed income thereof after its deductions, to the executor or administrator of the said donor, appointed and duly qualified.” … This was clearly the intent and purpose of the provision that, unless previously revoked by her, upon her death the trustee shall “distribute and convey the trust fund and any undistributed income thereof after its deduction

People v. Hart

85 Cal. Rptr. 2d 132 · California Supreme Court · Jul 21, 1999

Barnett described second counsel Harmon as “eminently qualified and very experienced.” Barnett thereafter informed defendant: “Mr. … Defendant’s Request for Use Immunity Defendant contends that the trial court erred in denying his motion that he be granted use immunity to enable him to testify in his own behalf regarding the murder of Shelah.

Bird v. Dennison

7 Cal. 297 · California Supreme Court · Jul 1, 1857

Or can it be justly said that the law intends thus to afflict him upon general principles, not clearly defined or laid down in any statute ? … Some of them, if sufficiently qualified, would be unobjectionable.

Butler v. Nepple

54 Cal. 2d 589 · California Supreme Court · Aug 10, 1960

On its face paragraph 3 of the assignment to defendant Nepple is clearly of the “drill or pay” type. … It is true that under the authorities, work preparatory to drilling may be sufficient to constitute the commencement of drilling, but this rule is qualified by the requirement that such preliminary work must be something

Kester v. McNear

205 Cal. 581 · California Supreme Court · Nov 23, 1928

This rule is clearly and positively stated in the case of Parks v. … The court held that: “The rule has long been established that a judgment of dismissal given upon motion of the plaintiff, before the hearing or trial of any issue of law or fact and without any determination of the merits

Manjares v. Newton

64 Cal. 2d 365 · California Supreme Court · Mar 18, 1966

This argument is clearly untenable. That mandate will lie whenever an administrative board has abused its discretion is a rule so well established as to be beyond question. … [it] will lie to correct abuses of discretion, and will lie to force a particular action by the inferior tribunal or officer, when the law clearly establishes the petitioner’s right to such action.”

In Re Bushman

1 Cal. 3d 767 · California Supreme Court · Jan 27, 1970

I dissent, for in my view petitioner clearly failed to prove that his conviction was based solely upon conduct which the majority hold to be constitutionally protected. … Petitioner's conduct in disrupting a public meeting and in inciting Prentice to violence, clearly satisfied either standard.

Villa v. Hall

6 Cal. 3d 227 · California Supreme Court · Dec 6, 1971

Section 11452 establishes “minimum basic standards of adequate care,” i.e., standards of need. … California has chosen the latter method and has established such máximums in section 11450 of the code.

In re Estate of Woodworth

31 Cal. 595 · California Supreme Court · Jul 1, 1867

It requires express words, or an intent clearly manifest upon an examination of the entire will,, to disturb this order. … Thus, in this respect, also, the order of priority established at common law is rigidly followed.

People v. Beeler

9 Cal. 4th 953 · California Supreme Court · Apr 10, 1995

The trial court, however, has “. . . wide discretion in determining whether sufficient foundation is laid to qualify evidence as a business record. … We held in both cases that a hearing to determine good cause for the discharge was not required because good cause was so clearly established under the circumstances.

In Re Jackson

3 Cal. 4th 578 · California Supreme Court · Aug 31, 1992

With regard to the judgment as to defendant’s guilt of two counts of first degree murder and two counts of burglary, reversal clearly is not required. … In addition, the testimony of defendant’s neighbors and acquaintances, recounting the numerous statements that defendant made to them shortly after the crimes, clearly established that defendant had the requisite culpability

People v. Durham

70 Cal. 2d 171 · California Supreme Court · Jan 21, 1969

We consider that the principles set forth in Kauffman, which was decided 12 years earlier, are presently qualified by the rule of “substantial” evidence. … Smith (1966) 63 Cal.2d 779 [ 48 Cal.Rptr. 382 , 409 P.2d 222 ], is clearly distinguishable.