Case law

In Re McVickers

29 Cal. 2d 264 · California Supreme Court · Dec 3, 1946

Section 644 of the Penal Code does not create a substantive offense, habitual criminality; rather it provides for more severe punishment, proportionate to their persistence in crime, of those who have proved immune to lesser … By the most elementary rules of pleading an adjudication on, or admission of, such charge would establish a value of $50.01 and no more.)

S. Siwel Co. v. County of Los Angeles

27 Cal. 2d 724 · California Supreme Court · Mar 19, 1946

Nor could such a principle be adopted without repudiating the long established rule that special assessments are to be levied in accordance with benefits. … In the present case no title has been established paramount to the lien of the assessments. Plaintiff relies particularly on two lines of cases that are clearly distinguishable.

People v. Perry

195 Cal. 623 · California Supreme Court · Mar 20, 1925

Although this testimony had a tendency to connect the defendants with the theft of the automobile, it was clearly admissible. … admitted the confession and in its final charge went to the extent of instructing the jury that it was its right and duty to determine whether the confession of either Montijo or Bailey was obtained under promise of reward, immunity

Owen E. v. West

23 Cal. 3d 398 · California Supreme Court · Feb 22, 1979

The Legislature has not clearly defined the circumstances under which a juvenile court may intervene in a matter concerning the rehabilitative needs of a ward it has committed to CYA. … Clearly, the case law does not support the majority's conclusion that the Legislature did not mean what it plainly stated in sections 775, 778 and 779.

Speegle v. Board of Fire Underwriters

29 Cal. 2d 34 · California Supreme Court · Sep 20, 1946

It does not follow that insurance companies are immune from common law and statutory rules against restraint of trade. … Benjamin, supra, 66 S.Ct. 1,142, 1155 ) Congress enacted the McCarran Act. (59 Stats. 34, c. 20; 15 U.S.C.A. §§ 1011 ,-1015.) * *51 This act clearly recognizes the interest of the states in the regulation of insurance.

Coleman v. DEPARTMENT OF PERSONNEL ADMININISTRATION

52 Cal. 3d 1102 · California Supreme Court · Feb 25, 1991

Authority to define a property interest according to state law necessarily contemplates the ability to restrict or qualify it as the Legislature reasonably deems appropriate to its purpose. (Texaco, Inc. v. … When viewed from this perspective, the statute clearly draws a reasoned distinction between this type of situation and one in which an employee would be subject to discipline for chronic absenteeism (§ 19572, subd.

People v. McKee

47 Cal. 4th 1172 · California Supreme Court · Jan 28, 2010

Factual and Procedural Background On November 8, 2004, a petition was filed to establish Richard McKee as an SVP within the meaning of the Act. … Thus, disparity of treatment seems clearly to exist.” (Moye, supra, 22 Cal.3d at p. 465 .)

People v. McLain

46 Cal. 3d 97 · California Supreme Court · Jul 28, 1988

Ketcherside testified under a grant of immunity as follows. Defendant told him that he wanted to go to Ventura County to do to Jodi W. what she had claimed he had done several years ago. … But understanding it as would a reasonable juror, we believe that the charge clearly and correctly directed the jurors away from considerations raised by the Briggs Instruction and back to the proper conduct of their task

Anderson v. Superior Court

11 Cal. 4th 1152 · California Supreme Court · Dec 11, 1995

We noted that, under the Constitution, “Assessors and Collectors of town, county, and State taxes” were to be “elected by the qualified electors of the district, county, or town, in which the property taxed ... is situated … Clearly, both Kane, supra, and Opinion 53-82, supra, are incompatible with the dissenting opinion’s novel and overbroad interpretation of Kelsey, supra, 34 Cal. 470 .

In Re Petersen

51 Cal. 2d 177 · California Supreme Court · Oct 31, 1958

This section, which is clearly a reasonable exercise of the police power, would have prevented petitioner from awaiting employment on the streets in any place other than a "public" stand, if section 1119 had not created the … of citizens, be granted privileges or immunities which, upon the same terms, shall not be granted to all citizens."

Stevens v. Geduldig

42 Cal. 3d 24 · California Supreme Court · Jun 30, 1986

During the effort to qualify the measure for the ballot, the task force continued in their uncompleted studies of taxes and spending. Uhler denied that he worked on the initiative on state time. … Here, the record clearly establishes that Hobbs, pursuant to the consultant contract, conducted taxing and spending studies which were not limited to the subjects of unemployment and disability insurance.

People v. Horton

11 Cal. 4th 1068 · California Supreme Court · Dec 11, 1995

Ron Siegel, M.D., a psychopharmacologist who was qualified as an expert on the effects of drugs on human behavior, testified regarding the effects of cocaine usage, particularly freebasing. … The lists are merged to create a file of names of potential eligible jurors, to whom questionnaires are sent to determine whether the person is qualified for jury service.

People v. Ledesma

47 Cal. Rptr. 3d 326 · California Supreme Court · Aug 17, 2006

Rosenthal, even telling a doctor that he committed *661 a murder could be a way of establishing power in the relationship, and a person who was intoxicated with PCP would lack the ability to deliberate or think clearly, or … The court did not abuse its discretion in concluding that Peter W. was qualified to serve on defendant’s jury.

Berkeley Hillside Preservation v. City of Berkeley

60 Cal. 4th 1086 · California Supreme Court · Mar 2, 2015

Although the proposed project in No Oil did not qualify for an exemption under the CEQA statutes or the Guidelines, Los Angeles had found, after conducting an initial threshold environmental study, that no EIR was necessary … The court held that, in applying these provisions, “the fair argument standard does not govern” an agency’s determination of whether a building qualifies as a “historical resource.”

People v. Whitfield

7 Cal. 4th 437 · California Supreme Court · Feb 28, 1994

It is unreasonable to conclude that section 22, as amended in 1981 and 1982, presently creates such a distinction simply by including the qualifying phrase “when a specific intent crime is charged.” … Thus, the language of the statute clearly appears to permit the admission of evidence of voluntary intoxication on the issue whether a defendant harbored either express or implied malice, unless a different conclusion is

People v. Reeves

61 Cal. 2d 268 · California Supreme Court · Apr 22, 1964

It may be directed to the eliciting of any matter which may tend to overcome or qualify the effect of the testimony given by him on his direct examination. [Citations.] ... … Clearly, therefore, the questions concerning the location and visibility of the narcotics at this time were within the scope of the direct examination.

People v. Washington

36 Cal. 658 · California Supreme Court · Jan 15, 1869

inflicted on any violator of its laws, subject, however, to the limitation contained in Article IV, section two of the Constitution, which provides that “ the citizens of each State shall be entitled to all privileges and immunities-of … If Congress had declared that in such cases (which is clearly the only class of cases contemplated by the first section of the amendment) there should be no discrimination between one citizen or class of citizens and any

Emery v. San Francisco Gas Co.

28 Cal. 345 · California Supreme Court · Jul 15, 1865

, well known and more limited signification than the word in other relations might indicate, it must be presumed that they intend to use those terms in such established, more limited sense, unless it clearly ajopears to the … It is very clearly our duty to give effect to the natural and obvious import of the language of this section.

People Ex Rel. Busch v. Projection Room Theater

17 Cal. 3d 42 · California Supreme Court · Jun 1, 1976

Nonetheless, it expressly ruled that that practice could not qualify as a nuisance on the grounds that it was indecent or offensive to the senses of a large number of people. In Dean v. … There is, however, an alternative way to construe the statutes involved in this case so as to render them immune to constitutional attack: they can be interpreted as inapplicable to private behavior.

In re Bradshaw

California Supreme Court · Jul 3, 2025

order to qualify for a contractor’s license. … The record does not clearly establish the fair market value of the repair work performed on the Gosey home, nor does it provide a way to ascertain such value in the absence of competitive bids and evidence showing the home