Case law

Krauss v. Superior Court

5 Cal. 3d 418 · California Supreme Court · Aug 13, 1971

To hold otherwise would go beyond excluding evidence unlawfully obtained and in effect grant petitioner immunity from prosecution because of the officer's collateral wrong. (See People v. … The magistrate must make his determination on the basis of the information known; to reward, as the majority do, the concealment of information known to the officer bearing so clearly and directly on the issue of probable

Waters v. Pacific Telephone Co.

12 Cal. 3d 1 · California Supreme Court · Jul 9, 1974

Here, for the purpose of this appeal, the evidence established that the company furnished and maintained inadequate telephone service to plaintiff, a patron, contrary to section 451. … Section 2106, allowing court actions for damages resulting from violation of law, is clearly one of the exceptions contemplated by the Supreme Court.

Murdock v. Clarke

90 Cal. 427 · California Supreme Court · Aug 7, 1891

Murdock died in December, 1875, and the plaintiff, having been appointed administratrix of his estate in 1876, qualified as such in October, 1878, and soon after brought the present action against the defendants for an accounting … No profits were ever made from this mill, and it does not clearly appear what finally became of it. It was moved once while Quinn was in control. After-wards it was moved again, and it seems that one Harris * took it.'

Metropolitan Water District of Southern California v. Whitsett

215 Cal. 400 · California Supreme Court · Apr 18, 1932

There is no uncertainty in the duties thus imposed and an offense against the statute in this regard is clearly defined. … This amendment appears to have been necessary in order to meet and overcome the effect of the holding of the court of appeals in the Ryan case that the city of New York was immune from the requirements of the statute.

Arguello v. Edinger

10 Cal. 150 · California Supreme Court · Jul 1, 1858

That language can not be qualified, but must be left to *162 speak for itself.” … True, he is told that the terms of the instrument will not be contradicted or varied; but still he can obtain no enforcement of the rights clearly shown by those terms to exist.

People v. Superior Court (Greer)

19 Cal. 3d 255 · California Supreme Court · Mar 30, 1977

Traylor (1972) 23 Cal.App.3d 323, 332 [ 100 Cal.Rptr. 116 ] (granting of immunity); People v. Tuthill (1947) 31 Cal.2d 92, 98 [ 187 P.2d 16 ] (use of particular witnesses or tests); People v. … Whether the Attorney General intended to assume the prosecution was clearly relevant to the proper disposition of those charges.

Garmon v. San Diego Building Trades Council

49 Cal. 2d 595 · California Supreme Court · Jan 16, 1958

To do so will, in effect, grant petitioners immunity from liability for their tortious conduct. We see no substantial reason for reaching such a result. … In the present case it does not appear clearly whether the plaintiffs’ employees had or had not selected a committee or unit or other agency for the purpose of collective bargaining.

In Re Smith

3 Cal. 3d 192 · California Supreme Court · Jul 9, 1970

Clearly there were assignments of error that arguably might have justified a reversal. Miss George identified petitioner at a lineup in February of 1967 and again at the trial. … Petitioner need not establish that he was entitled to reversal in order to show prejudice in the denial of counsel. In People v.

CORAL CONSTRUCTION, INC. v. City and County of San Francisco

50 Cal. 4th 315 · California Supreme Court · Aug 2, 2010

Of particular note, the court emphasized that “the implementation of this change through popular referendum [does not] immunize it. [Citation.] … For a violation of the doctrine to be established, both conditions must be met; one alone will not suffice.

People v. Storm

124 Cal. Rptr. 2d 110 · California Supreme Court · Aug 15, 2002

He knew he was the prime suspect, and the police said nothing to suggest he was permanently immune from further questioning. (See fn. 8, ante.) … Finally, we concluded that Hooks’s extensive efforts to establish rapport with Bradford did not constitute coercion.

Hudson v. Dailey

156 Cal. 617 · California Supreme Court · Dec 1, 1909

The facts are the same and the plaintiff has failed to establish a cause of action as to them. The case against the defendant Currier stands upon different grounds. … Under these circumstances the action is clearly barred. Another well was bored by him within the five-year period. The court finds that the water flowing from it was very small.

Lerner v. Superior Court

38 Cal. 2d 676 · California Supreme Court · Mar 25, 1952

It is therefore well established that an appeal from a custody order deprives the trial court of jurisdiction to change the custody status at the time of the appeal. (Vosburg v. … The trial court, with the parties before it for examination, is better qualified than the appellate court to pass on the amount of suit money, if any, that should be awarded. (See Bobbitt v.

In Re Fuller

15 Cal. 2d 425 · California Supreme Court · Apr 26, 1940

applied for or obtained either the broker’s or the lender’s license required by the statutes which are now in effect because, as he asserts, these laws impinge upon the due process, equal protection, and privileges and immunities … Non-profit agricultural cooperatives, and corporations lending money pursuant to the Agricultural Credits Act of 1923 clearly engage in a limited field of business.

People Ex Rel. Gallo v. Acuna

14 Cal. 4th 1090 · California Supreme Court · Jan 30, 1997

Although its premise is never clearly articulated, that ruling effectively limits the scope of permissible injunctive relief under California’s public nuisance statutes to independently criminal conduct. … To qualify, and thus be enjoinable, the interference must be both substantial and unreasonable.

Osburn v. Stone

170 Cal. 480 · California Supreme Court · Jun 23, 1915

If they were in fact illegally made, clearly the defendants are responsible, unless equitable considerations may have entered which would exonerate them from what would otherwise be their strict legal liability. … Netherton, one of this law partnership, was a duly elected, qualified, and acting member of the board of education of the city. (Capron v. Hitchcock, 98 Cal. 427 , [ 33 Pac. 431 ]; Capital G.

City & County of San Francisco v. Boyd

22 Cal. 2d 685 · California Supreme Court · Aug 10, 1943

To so qualify the people’s requirement in this regard is judicial legislation in its plainest form. … Unlike the present action where the charter clearly establishes a definite standard for the legislative and administrative action, in all three of these cases there was no constitutional or charter limitation or standard

Maine v. Superior Court

68 Cal. 2d 375 · California Supreme Court · Mar 18, 1968

This determination may be based on such evidence as qualified public opinion surveys or opinion testimony offered by individuals, or on the court’s own evaluation of the nature, frequency, and timing of the material involved … Unless this result be attained, one of the most important purposes for which Government is organized and Courts of Justice established will have definitively failed.” (People v. Yoakum (1879) supra, 53 Cal. 566, 571 .)

People v. Fioritto

68 Cal. 2d 714 · California Supreme Court · Jun 20, 1968

The majority completely disregard this central issue, clearly presented and established in this ease, by merely stating, “Although the confrontation of defendant with his two juvenile accomplices who had confessed injected … Were you implicated any way in other jobs in that area—at a previous time were you connected with any burglary in another establishment in that area? “A. No. “Q.

Fall River Valley Irrigation District v. Mt. Shasta Power Corp.

202 Cal. 56 · California Supreme Court · Sep 1, 1927

Light & Power Co., 155 Cal. 323, 327 [ 100 Pac. 1082, 1083 ], as follows: “The use of the water in its passage through his land to operate a power plant thereon is as clearly within his rights as is his right to operate a … mill thereon with which to grind grain or to operate any other machinery, than which there is no more ancient or well-established feature of riparian rights. ’ ’ Indeed, the court not only did not find a general surplus

People v. Snyder

92 Cal. Rptr. 2d 734 · California Supreme Court · Feb 24, 2000

In its amicus curiae brief, the FPPC supports this view, which “because of the agency’s expertise ... is entitled to great weight unless clearly erroneous or unauthorized.” (Pacific Legal Foundation v. Unemployment Ins. … The Court of Appeal agreed to the extent the record established the defendant in fact had acted in the capacity of a campaign manager. ( McCauley, supra, 16 Cal.App.4th at p. 1267 .)