Case law

Winterburn v. Chambers

91 Cal. 170 · California Supreme Court · Sep 14, 1891

These acts were sufficient to clearly indicate the intent on his part to claim the entire estate as his own to the exclusion of all other persons, and were also acts of such character and performed with sufficient publicity … He did not enter into possession of any portion of the land under the subsequent conveyances, and his original entry can neither be qualified nor his title impaired by such purchase.

People v. Guevara

California Supreme Court · Oct 9, 2025

A “defendant does not qualify for this ameliorative change, however, if his current offense is a controlled substance charge involving large quantities ([§ 1170.12], subd. … Section 1170.126, subdivision (k) establishes that alternative “rights or remedies” are consistent with the Reform Act.

Donahoo v. Kress House Moving Corp.

25 Cal. 2d 237 · California Supreme Court · Nov 21, 1944

The evidence does not disclose who laid the small boards in position but it appears clearly that Juanita Donahoo and a Miss Young, who was a close friend of her mother, frequently used the path formed by these boards. … I perceive no established or just basis in law for answers to those questions which will support the majority holding.

People v. Lara

54 Cal. 4th 896 · California Supreme Court · Jul 19, 2012

(c)(1)(18)) that would otherwise have qualified him for sentencing under the Three Strikes law (§§ 667, subds. (b)-(i)), 1170.12) and a five-year enhancement (§ 667, subd. (a)(1)). … Indeed, to attribute to the Legislature the unexpressed intent to create such a requirement would seem inconsistent with another, clearly expressed aspect of legislative intent.

People v. McCovey

36 Cal. 3d 517 · California Supreme Court · Jul 26, 1984

The Klamath River Reservation was established by executive order two years later. (Ibid.) … The statute granting states criminal jurisdiction over Indian offenses provides, however, that states are not authorized to “deprive any Indian or any Indian tribe, band, or community of any right, privilege, or immunity

Grolemund v. Cafferata

17 Cal. 2d 679 · California Supreme Court · Mar 28, 1941

A complete reading of all our code sections on community property clearly demonstrates that our community system is based upon the principle that all debts which are not specifically made the obligation of the wife are grouped … Bertolone, 193 Cal. 751, 753 [ 226 Pac. 913 ]: “The term ‘the debts of the husband, ’ unless otherwise qualified, includes debts incurred by the husband for the benefit of the community as well as his own separate debts.

Waits v. Swoap

11 Cal. 3d 887 · California Supreme Court · Jul 2, 1974

Legislature, and to the taxpayers of this state, that by reason of the majority’s holding herein, a full welfare grant must be paid to relatives caring for a dependent child, despite the fact that these persons do not themselves qualify … Section 11006 clearly provides that the grant is not intended to benefit any person outside the recipient group and therefore restricts the nonneedy relative to reimbursement for his out-of-pocket costs.

People v. Jones

131 Cal. Rptr. 2d 468 · California Supreme Court · Apr 30, 2003

As we said in *1261 Gates : ‘If the defense chooses to raise the subject, it cannot expect immunity from cross-examination on it.’ ([Gates, supra,] 43 Cal.3d at p. 1211 .)” (People v. … “Clearly it increases the heinousness of the crime and it refutes what he does at the guilt phase which is to mitigate it, and I think it’s clearly relevant for that.”

People v. Cahill

5 Cal. 4th 478 · California Supreme Court · Jun 28, 1993

O’ Bryan, supra, 165 Cal. 55 , demonstrates that point quite clearly. … Berve, supra, 51 Cal.2d 286 , the initial decision in this line of cases, the relevant passage (id. at p. 290) reads: “The use of confessions in a criminal prosecution obtained by force, fear, promise of immunity or reward

People v. Schuller

California Supreme Court · Aug 17, 2023

Because this form of misinstruction precludes the jury from making a finding on a factual issue that is necessary to establish the element of malice, it qualifies as federal error. … The majority concluded that the “merits” of such a theory should “await a case in which they have been clearly raised and fully briefed.” (Ibid.; see People v.

Rogers v. Manhattan Life Insurance Co. of New York

138 Cal. 285 · California Supreme Court · Jan 7, 1903

But evidence short of demonstration may be sufficient to establish a fact. … S. 285, 296 , a case closely similar to the present, and where the principles involved are clearly stated and numerous authorities cited.

Finn v. G. D. Searle & Co.

35 Cal. 3d 691 · California Supreme Court · Mar 29, 1984

McGillis had not been qualified as an expert in drug epidemiology (Evid. Code, § 801), he was not qualified to render an expert opinion *704 regarding Searle's duty to warn. … Rptr. 132 , 607 P.2d 924 , 2 A.L.R.4th 1061 ], this court clearly contemplated the application of strict liability law to prescription drugs.

Roberts v. Duffy

167 Cal. 629 · California Supreme Court · Apr 11, 1914

as the limitation is concerned, it is true *635 that it must be taken as restricting the power of the board to grant a parole before the expiration of such periods, but in our opinion, the language used there, not being qualified … It is only on the theory of such *638 a construction that the claim of petitioner can be sustained because otherwise the legislature in the use of the word “may” in the section has clearly vested discretion in the board on

County of Monterey v. Industrial Accident Commission

199 Cal. 221 · California Supreme Court · Aug 13, 1926

The term “employer,” as used in said section, is declared to mean the state, and each county, city and county, city, school district, irrigation district, all other districts established by law, and all public corporations … Clearly the deceased was in the service of the county of Monterey by the appointment of its sheriff, who was vested with power to confer upon the deceased the authority of a deputy sheriff or peace officer of said county.

City of Los Angeles v. Superior Court of Tuolumne Cty.

185 Cal. 405 · California Supreme Court · Mar 28, 1921

The principal contention arises upon the interpretation of the last clause of the section, wherein the requirement for a dismissal after five years is qualified by the words, “except where the parties have stipulated in writing … There are a number of other circumstances arising out of the proceedings in this case, which respondents contend should operate to establish waiver or estoppel of the defendant in pressing this motion for dismissal, which

People v. Sampsell

34 Cal. 2d 757 · California Supreme Court · Feb 21, 1950

The jury, in that case, was told: “And, finally, you will recall I said that you are instructed that before you may return a qualified verdict of murder in the first degree without capital punishment, that your decision to … It is only because the evidence in this case so clearly establishes the defendant’s guilt that we do not consider that reversible error was committed.

People v. Black

62 Cal. Rptr. 3d 569 · California Supreme Court · Jul 19, 2007

McGee (2006) 38 Cal.4th 682 [ 42 Cal.Rptr.3d 899 , 133 P.3d 1054 ] {McGee) [defendant not entitled to have a jury determine whether his prior conviction in Nevada qualified as a serious felony for the purpose of imposing … State (Tex.Crim.App. 2006) 207 S.W.3d 377, 379 [“Apprendi and its progeny clearly deal with the upper-end extension of individual sentences, when that extension is contingent upon findings of fact that were never submitted

People v. Sanchez

70 Cal. 2d 562 · California Supreme Court · Mar 10, 1969

establish the contrary. … As to all other claims of error there disposed of and except as qualified by this opinion, we adhere to our opinion in People v. Sanchez, supra, 65 Cal.2d 814 .

Sanders v. City of Los Angeles

3 Cal. 3d 252 · California Supreme Court · Oct 14, 1970

The declaratory relief judgment clearly set forth that the salaries must be adjusted as of a certain date, July 1, 1962, and the peremptory writ required that they be provided effective as of that date. … respect to the duties and responsibilities therefor in which: (a) the same requirements as to education, experience, knowledge and ability are demanded of the incumbents; (b) the same tests of fitness may be used in choosing qualified

Verdier v. Roach

96 Cal. 467 · California Supreme Court · Nov 22, 1892

Therefore a contingent claim is not distinguished from other claims by the qualifying words ‘ not due/ but by the words ‘ not absolute/ as in sections 1648 and 1650 of the Code of Civil Procedure. … This omission clearly shows it to have been the intention of the legislature not only that contingent claims should be presented within the prescribed period, but that if not presented within that period they should be barred