Case law

Apartment Ass'n of L.A. Cty. Inc. v. City of Los Angeles

102 Cal. Rptr. 2d 719 · California Supreme Court · Jan 8, 2001

Should the owner fail to pay the required fee, the City of Los Angeles will recover it, plus accrued interest, utilizing any remedies provided by law including nuisance abatement or municipal tax lien procedures established … Hence, the mere fact that a levy is regulatory (as this inspection fee clearly is) or touches on business activities (as it clearly does) is not enough, by itself, to remove it from article XIII D’s scope.

People v. Anderson

266 Cal. Rptr. 3d 283 · California Supreme Court · Jul 23, 2020

Beneath all three statutory pleading requirements lies a bedrock principle of due process. “ ‘No principle of procedural due process is more clearly established than that notice of the specific charge, and a chance to be … Finally, the Attorney General argues Anderson cannot show he was harmed by the pleading defect and has thus failed to establish reversible error.

People v. Royce

106 Cal. 173 · California Supreme Court · Feb 28, 1895

Bo doubt embezzlement may be established, under certain circumstances, without proof *178 of a demand, as where other evidence clearly shows an appropriation by an employee of his employer’s funds, with intent to do so fraudulently … received, but that goes only to the evidence, and not to the fact, of the embezzlement, which may be proved by other evidence long before the period for accounting arrives, and before his successors could be elected or qualified

People v. Mills

48 Cal. 4th 158 · California Supreme Court · Mar 1, 2010

[f] Thus even if it were true, as defendant argues extensively, that social science evidence now shows conclusively that death-qualified juries are more prone to convict than those not thus qualified, that evidence does not … Thus, the question of whether defendant established a prima facie case is moot.” (Id. at p. 613, fn. 8.)

Cranston v. City of Richmond

40 Cal. 3d 755 · California Supreme Court · Dec 30, 1985

Excessive Punishment Appellant next argues that "the sanction of dismissal for a traffic infraction is clearly excessive." … It is obvious that any apparent limitation on the employee's conduct through the use of this qualifying *777 term is illusory, for `unbecoming' has no inherent, objective content from which ascertainable standards defining

Speck v. Sarver

20 Cal. 2d 585 · California Supreme Court · Jul 23, 1942

The instruction itself was qualified by the phrase "in the absence of evidence to the contrary." … Confusion is rife, however, because presumptions have not been clearly divested of their artificial character.

People v. Scott

61 Cal. 4th 363 · California Supreme Court · Jun 8, 2015

A court may also consider nondiscriminatory reasons for a peremptory challenge that are apparent from and “clearly established” in the record (People v. … Viewed as a whole, the record in this case clearly establishes nondiscriminatory reasons for excusing R.C. and H.R. that dispel any inference of bias.

Gerawan Farming, Inc. v. Agricultural Labor Relations Board

225 Cal. Rptr. 3d 517 · California Supreme Court · Nov 27, 2017

The MMC statute establishes a two-tiered system of review. … In ALRB I, we held that an ALRB regulation providing farm labor organizers a qualified right of access to agricultural employers’ premises did not constitute an unconstitutional delegation of legislative power.

Rose v. State Bar

49 Cal. 3d 646 · California Supreme Court · Oct 5, 1989

The evidence thus establishes petitioner’s violation of rule 5-101. … The Smith Matter (Count Eight) The facts pertinent to this count were established by stipulation.

Seven Up Bottling Co. v. Grocery Drivers Union Local 848

40 Cal. 2d 368 · California Supreme Court · Mar 10, 1953

It is clearly drawn in an attempt to afford all persons an equal opportunity to buy goods. … Whatever may have been the rule before the recent decisions of the United States Supreme Court, supra, we have the act Avhich declares the public policy of this state and those cases establish its validity.

People v. Rodley

131 Cal. 240 · California Supreme Court · Dec 29, 1900

Such concert of action on their part would be evidence tending to establish a conspiracy between them by the circumstantial method, which is usually the only way a conspiracy can be established. (Peo ple v. … by independent 'evidence, and of such a character as clearly to turn the scale and overcome the oath of the defendant and the legal presumption of his innocence.

People v. Easley

34 Cal. 3d 858 · California Supreme Court · Nov 7, 1983

Superior Court (1980) 28 Cal.3d 1, 68 [ 168 Cal.Rptr. 128 , 616 P.2d 1301 ], we held that there was, as yet, insufficient evidence to demonstrate that a *869 California death-qualified jury resulted in a nonneutral jury. … Our review is limited to consideration of the facts established by the appellate record.

People v. Pensinger

52 Cal. 3d 1210 · California Supreme Court · Feb 28, 1991

These, he argues, clearly show that Howard had an implied agency relationship with the police, which the police exploited. … The theft of the truck obviously *1268 would not qualify, as it involved no violence, but a “weapons charge pending” and a possible solicitation of murder might have qualified. (See Pen. Code, § 653f, subds. (b) & (d).)

Argonaut Insurance v. Transport Indemnity Co.

6 Cal. 3d 496 · California Supreme Court · Jan 25, 1972

The policy as so endorsed does not lend itself to an interpretation that the carrier intended to establish its coverage as primary vis-a-vis other available coverage. … Willig’s vehicle was therefore clearly being “used” by those engaged in the unloading process.

Copeland v. Fairview Land & Water Co. & Lake Hemet Water Co.

165 Cal. 148 · California Supreme Court · Mar 20, 1913

Furthermore, all right of action to enforce the contract in equity is clearly barred by loches. … For these reasons we conclude that the plaintiffs have established no right or specific interest in the water belonging to The Lake Hemet Water Company.

People v. Vieira

25 Cal. Rptr. 3d 337 · California Supreme Court · May 26, 2005

effects associated with death-qualifying voir dire in open court had not been shown to be actual but only potential.” … Defense counsel offered Cemy’s testimony to establish that defendant, under the mind control techniques of Cmz, was unable to form the mental state required for first degree murder.

P. v. Pearson

California Supreme Court · Mar 21, 2013

Here, the prosecutor properly argued that the evidence established Dr. … human behavior, a subject that is clearly beyond a juror‘s common knowledge.

Carney v. Simmonds

49 Cal. 2d 84 · California Supreme Court · Sep 17, 1957

These grounds clearly indicate that issues of law may be reexamined on a motion for a new trial. … While a more clearcut request for amendment could have been made, assuming one was necessary, we think it was sufficient and clearly there is a reasonable possibility (Lemoge Electric v.

People v. Fleming

166 Cal. 357 · California Supreme Court · Nov 1, 1913

We have not set forth the foregoing in regard to the evidence for the purpose of establishing that it is not technically sufficient to support a verdict of guilty, for under our well established rule such a conclusion cannot … QUALIFIED CONCURRENCE OF THE CHIEF JUSTICE.

People v. Pearson

42 Cal. 3d 351 · California Supreme Court · Aug 7, 1986

It also appears the court was authorized to convict defendant of both offenses for each act; the statute clearly provides that the defendant may be convicted of “any number of the offenses charged.” … These sections ordinarily refer to prior ‘convictions’ without qualifying them to exclude multiple convictions arising from a single driving occasion.