Case law

Green v. Ralee Engineering Co.

78 Cal. Rptr. 2d 16 · California Supreme Court · Aug 31, 1998

Although the majority claim to see a “clearly mandated public policy” in a regulation that has no applicability to defendant, what I see is a clear case of judicial policymaking. *97 By turning their backs on established … Accordingly, any “fundamental” regulatory policy affecting the public interest may now qualify as a basis for the public policy exception.

People v. McCall

8 Cal. Rptr. 3d 337 · California Supreme Court · Jan 15, 2004

CONCLUSION The Legislature, by extending the prohibition on possessing hydriodic acid to include its essential chemicals, clearly intended to criminalize the possession of red phosphorus and iodine where these two chemicals … Our court has not been immune from this misstep. (See, e.g., People v.

People ex rel. Lungren v. Superior Court

14 Cal. 4th 294 · California Supreme Court · Dec 9, 1996

By placing the parallel phrases “into water” and “onto or into land” in close juxtaposition, and by qualifying both with the phrase “where such chemical passes or probably will pass into any source of drinking water,” the … As required by Health and Safety Code section 116880, the Department of Health Services has amended the California Plumbing Code to establish a maximum lead content for pipes and pipe fittings used to convey potable water

Mannheim v. Superior Court

3 Cal. 3d 678 · California Supreme Court · Dec 21, 1970

One such rule of construction counsels that “statutes are not to be given a retrospective operation unless it is clearly made to appear that such was the legislative intent.” (Aetna Cas. & Surety Co. v. Ind. Acc. … Finally, it is well established that a relinquishment of rights by the state—if made for a public purpose—will not violate the constitutional pro *691 hibition.

People v. Roldan

27 Cal. Rptr. 3d 360 · California Supreme Court · Apr 25, 2005

This evidence was clearly relevant for that purpose and therefore properly admitted. c. … That information does not establish that defendant also was drinking.

Brougher v. Board of Public Works of San Francisco

205 Cal. 426 · California Supreme Court · Oct 31, 1928

E. 269 ], wherein the court, on page 79 of the opinion, says: “The petitioners have no special and peculiar immunity arising from the fact that permits had been issued to them. … These facts bring the case clearly within the principles enunciated in the authorities above cited and justified the Board of Public Works in denying petitioners’ application for a permit, provided Ordinance No. 7519 (New

Ector v. City of Torrance

10 Cal. 3d 129 · California Supreme Court · Oct 2, 1973

Clearly the cultural and educational rewards of international travel (Kent v. … invalidated not a residence requirement as such but a durational residence requirement, i.e., a requirement that the migrant not only be a resident but maintain that status for a certain minimum period of time before he qualifies

State Compensation Insurance Fund v. McConnell

46 Cal. 2d 330 · California Supreme Court · Mar 2, 1956

To qualify for this plan, the employer must have premiums from workmen’s compensation in excess of $1,000. … Any reductions from the basis rates on account of the application of such system of merit rating shall be clearly set forth in the insurance contracts or policies or indorsements attached thereto.”

Utility Cost Management v. Indian Wells Valley Water District

114 Cal. Rptr. 2d 459 · California Supreme Court · Dec 17, 2001

The complaint alleges that Indian Wells overcharged Kern for water service because some or all of its charges qualified as “capital facilities fees” and, as such, improperly exceeded amounts permissible under section 54999.3 … Here, however, the law requires public utilities to make available information establishing that their capital facilities fees are not excessive. (§ 54999.3, subd. (c).)

City of San Jose v. Superior Court

12 Cal. 3d 447 · California Supreme Court · Sep 6, 1974

While we have held in several cases the failure of the class judgment to establish individual damage would not be fatal, in each the class judgment to be rendered would have established the basic issue of liability to the … Extensive — and expensive — expert testimony on noise and vibration patterns need be presented once, difficult legal issues of liability and governmental immunity need be resolved but once.

Gordon v. Aztec Brewing Co.

33 Cal. 2d 514 · California Supreme Court · Feb 28, 1949

He does not ordinarily inspect bottles, and in any event it is not likely that he is qualified to detect latent defects. He accepts the bottle on faith. … Under this view, the additional error in the original instruction was clearly not cured by the later instructions, but was actually emphasized and further impressed upon the minds of the jury." NOTES [fn. 1] 1.

People v. Lindley

26 Cal. 2d 780 · California Supreme Court · Jul 30, 1945

Every time estimate given was qualified as being only an approximation, yet much more than a thread of consistency runs through the evidence presented by the prosecution. … After conviction all intendments are in favor of the judgment and a verdict will not be set aside unless the record clearly shows that upon no hypothesis whatsoever is there sufficient substantial evidence to support it.

Jonathan Neil & Associates, Inc. v. Jones

16 Cal. Rptr. 3d 849 · California Supreme Court · Oct 20, 2004

Many insureds did not have the required detailed records readily available to establish their eligibility for the five criteria for excess coverage. … Security Officers Service is clearly distinguishable from the present case.

People v. Cromer

24 Cal. 889 · California Supreme Court · Jan 22, 2001

Traditionally, therefore, an appellate court reviews findings of fact under a deferential standard (substantial evidence under California law, clearly erroneous under federal law), but it reviews determinations of law under … put it another way, whether the rule of law as applied to the established facts is or is not violated.’ ” (Ornelas v.

People v. Panah

25 Cal. Rptr. 3d 672 · California Supreme Court · Mar 14, 2005

This clearly established lewd conduct. … The prosecutor had established from Dr.

Olson v. Cory

35 Cal. 3d 390 · California Supreme Court · Dec 30, 1983

At the trial of the action the issue so specified shall be deemed established and the action shall proceed as to the issues remaining.” … Appealability appears to have been established, however, under the doctrine of the law of the case.

Estate of Holloway

195 Cal. 711 · California Supreme Court · Apr 4, 1925

Holloway, the executrix therein named, who duly qualified as such executrix. … This prima facie established such document as the will of Andrew Holloway and the competency of Andrew Holloway to make a will.

People v. Lara

67 Cal. 2d 365 · California Supreme Court · Sep 29, 1967

The gun was turned over to a ballistics expert, whose tests subsequently established it was the same weapon that had fired the two shells found near Mitchell’s body. Mrs. … The rule was clearly delineated in Williams v. Huff (D.C. Cir. 1944) 142 F.2d 91 [ 79 App.D.C. 31 ].

People v. Bolin

75 Cal. Rptr. 2d 412 · California Supreme Court · Aug 12, 1998

The record establishes Laskowski was fully qualified to testify based on his educational background in biochemistry and serology and his training as a criminalist for 13 years, including attending and giving seminars in blood-spatter … The instructions advise the jury to determine what significance, if any, should be given to evidence of consciousness of guilt, and caution that such evidence is not sufficient to establish guilt, thereby clearly implying

EAST BAY ASIAN LOCAL DEVEOPMENT v. State

102 Cal. Rptr. 2d 280 · California Supreme Court · Dec 21, 2000

Clearly, therefore, these provisions cannot be justified as an impartial grant of nonreligious assistance. … The majority seeks support for its view that exemptions are inherently immune from advancement challenges in Justice White’s opinion for the court in Corporation of Presiding Bishop, supra, 483 U.S. 327 .