Case law

Swoap v. Superior Court

10 Cal. 3d 490 · California Supreme Court · Dec 12, 1973

Rather we concluded that under the particular facts of that case Boss, the adult son, had no duty under Civil Code section 206 to support his mother since although “in need” and therefore qualified for aid to the aged, she … established shall not exceed the amounts in the schedule specified in this section.

Mountain Air Enters., LLC v. Sundowner Towers, LLC

220 Cal. Rptr. 3d 650 · California Supreme Court · Jul 31, 2017

Department of Transp. (2001) 26 Cal.4th 63, 76 [affirmative defense of design immunity was “ „part and parcel of the pending action‟ ”].) … Clearly, the parties dispute whether the option agreement reflects an intent to extinguish the repurchase agreement.

People v. Kopp

California Supreme Court · Dec 29, 2025

A defendant’s poverty in no way immunizes him from punishment.” (Bearden, supra, 461 U.S. at p. 669.) … For individuals who do not qualify for an automatic fee waiver, they may obtain a waiver upon completing a standard fee waiver packet under penalty of perjury.

People v. Sutton

48 Cal. 4th 533 · California Supreme Court · Apr 5, 2010

But in Johnson , the court qualified the holding in Townsend , stating: “The power of appointed counsel to control judicial strategy and to waive nonfundamental rights despite his Ghent’s objection (see Townsend v. … Furthermore, the provisions of section 1050.1 also clearly establish that the state interest in permitting jointly charged defendants to be tried in a single trial generally constitutes good cause to continue a defendant’

People v. Farell

121 Cal. Rptr. 2d 603 · California Supreme Court · Jul 11, 2002

It also subjects persons who are convicted of qualifying offenses and are granted probation to exacting requirements with respect to reporting assets and income (see § 1203.044, subds. … Specifically, he contends that when the bill was introduced, it clearly would have applied to the theft of any property, not just money.

People v. Caro

46 Cal. 3d 1035 · California Supreme Court · Oct 6, 1988

Spiegel referred to a variety of data which he was qualified to interpret, and on which, as an expert witness, he was entitled to base an opinion. … for any penalty phase testimony similar to that established in those cases.

People v. Loyd

27 Cal. 4th 997 · California Supreme Court · May 6, 2002

Restoring Harrell Just as the establishment of Procunier’s strict standard led to the abolition of the Harrell standard, the abandonment of Procunier led to Harrell’s restoration. … [“De Lancie was clearly not a simple application of the statutory language”]; id. at p. 41, fn. 1 (dis. opn. of Reynoso, J.) [issue implicates “constitutional right of privacy”].)

People v. Miles

43 Cal. 4th 1074 · California Supreme Court · May 29, 2008

the “bank robbery” notation on the federal judgment form, even as augmented by the references to “arm[ing]” and “kidnapping,” was insufficient evidence his 1976 conviction occurred under the prong of section 2113(a) that qualified … of his 1976 conviction as for “armed bank robbery” and “kidnapping” does not constitute sufficient evidence the conviction was for the crime California deems the serious felony of bank robbery, because the form does not clearly

Estate of Horman

5 Cal. 3d 62 · California Supreme Court · Jun 10, 1971

At trial it was the state's position that the survivors had not sufficiently established their relationship to the decedent. … In so holding, the trial court was clearly correct.

People v. Cook

41 Cal. 3d 373 · California Supreme Court · Dec 31, 1985

An enclosed back yard whose outer boundary was within yards of appellant’s dwelling clearly satisfies this definition. … One who builds a swimming pool and sun-bathing area in his back yard expects privacy (hence immunity) from aerial inspection. ...” (Dean, supra, 35 Cal.App.3d at p. 117 , quoted in Joubert, supra.)

In Re Marriage of Schiffman

28 Cal. 3d 640 · California Supreme Court · Dec 22, 1980

I concur in the order, but would qualify the rationale. … The burden, however, would be on the noncustodial parent to establish the intrusion on the child's best interest.

People v. Hayes

52 Cal. 3d 577 · California Supreme Court · Dec 31, 1990

Although an instruction more clearly stating the permissible use of the other-crimes evidence would have been helpful (see People v. … Nor does the evidence establish immediate presence as a matter of law.

The Weinberg Co. v. Bixby

185 Cal. 87 · California Supreme Court · Feb 15, 1921

Just what became of this water eventually does not very clearly appear, but the contour of the land shows that it would flow near the easterly mesa to the sea. … As already pointed out, we find no authority to thus qualify the right of self-protection against the flood waters of a. stream so as to require the diking of all or none of the defendants’ riparian possessions; or to create

Artiglio v. Corning Inc.

76 Cal. Rptr. 2d 479 · California Supreme Court · Jul 9, 1998

In 1964, Dow Corning established its own medical products division to market breast implants and other medical devices using silicone technology. … United States Fidelity and Guaranty Company (5th Cir. 1970) 428 F.2d 112, 115, fn. 5 .) [5] Statutory exceptions to Good Samaritan liability include immunities under certain, primarily emergent, circumstances for medical

Elston v. City of Turlock

38 Cal. 3d 227 · California Supreme Court · Mar 4, 1985

Although counsel’s affidavit could have been more explicit, his “failure to show an established office calendaring procedure was not a critical omission.” (Nilsson, supra, 249 Cal.App.2d at p. 983 .) … Clearly, Carroll’s holding does not apply to the facts of this case.

Southern California Jockey Club, Inc. v. California Horse Racing Board

36 Cal. 2d 167 · California Supreme Court · Oct 18, 1950

No qualified person shall be refused such license, nor shall such license be revoked without just cause.” (Stats. 1933, p. 1127, § 3, second paragraph.) … First, it clearly appears from the findings that the court did weigh the evidence, although the memorandum opinion of the trial judge might point to the contrary. The findings control.

Taylor v. Superior Court

24 Cal. 3d 890 · California Supreme Court · Aug 21, 1979

If the conduct while clearly wrongful is not criminal, a punitive award may be necessary to deter. … Such conduct hardly establishes the evil motive requisite to a finding of malice. The majority today establish a new test for punitive damages.

Doner-Griswold v. See

25 Cal. 4th 904 · California Supreme Court · Jun 21, 2001

Since no evidence of a contrary intent clearly appears, we may reasonably infer that the types of acknowledgement formerly deemed sufficient for the legitimation statute (and former § 255, as well) suffice for purposes of … We may not, under the guise of interpretation, insert qualifying provisions not included in the statute. (California Fed. Savings & Loan Assn. v.

Marathon Entertainment, Inc. v. Blasi

70 Cal. Rptr. 3d 727 · California Supreme Court · Jan 28, 2008

The Act establishes its scope through a functional, not a titular, definition. … (b).) 4 The Legislature clearly agreed with this understanding of the Act.

People v. Thomas

20 Cal. 3d 457 · California Supreme Court · Jan 16, 1978

The evidence at issue herein does not qualify for admission under the standards expressed by us in Cramer and Kelley . … The fact that defendant had molested one daughter a decade or more ago would not establish the fact that he had a continuing common plan or scheme to molest all of his daughters.