Case law

People v. Associated Oil Co.

211 Cal. 93 · California Supreme Court · Dec 3, 1930

Board of Medical Exam *109 iners, supra, is also clearly distinguishable, in that the prohibition against gross and improbable statements in medical advertising involved therein does not define any measure upon which two … The terms of the i order in establishing the gas-oil ratio have been hereinbefore specifically noted.

People v. Navarro

7 Cal. 3d 248 · California Supreme Court · May 23, 1972

This phrase, as used in section 3051, clearly implies that the determination whether this is such an unusual case is to be made by the sentencing judge. … It would clearly appear to be a “criminal” penalty arising from a prior criminal conviction which affects a present criminal sentence.

United Auburn Indian Community of the Auburn Rancheria v. Newsom

California Supreme Court · Aug 31, 2020

This argument also explained, “Prop 1A has been put on the March ballot to . . . establish clearly that Indian gaming on tribal lands is legal in California.” (Ibid.) … Voters clearly have the power to authorize tribal gaming on off-reservation trust lands to a greater extent than they did with Proposition 1A.

In Re Marriage of LaMusga

12 Cal. Rptr. 3d 356 · California Supreme Court · Apr 29, 2004

As explained below, we conclude that just as a custodial parent does not have to establish that a planned move is "necessary," neither does the noncustodial parent have to establish that a change of custody is "essential" … Clearly, the court must consider the past conduct of the parents in fashioning a custody order that serves the best interests of the children.

People v. Raybon

282 Cal. Rptr. 3d 301 · California Supreme Court · Aug 12, 2021

Proposition 64 In November 2016, voters enacted Proposition 64, which was intended “to establish a comprehensive system to legalize, control and regulate the cultivation, processing, manufacture, distribution, testing … [a reviewing court should “ ‘not strain to interpret a penal statute in defendant’s favor if it can fairly discern a contrary legislative intent’ ”].)12 12 Although multiple subdivisions of section 11362.45 are clearly

People v. Segura

44 Cal. 4th 921 · California Supreme Court · Aug 4, 2008

Defendant Luis Gregorio Segura was charged with the commission of a felony and was alleged to have suffered a prior felony conviction, with both the prior and the current offenses qualifying as “strikes” within the meaning … In the latter situation, it is well established that when “a defendant granted probation as part of a plea bargain violates that probation, subsequent sentencing is not limited by the terms of the original plea.”

General Telephone Co. v. Public Utilities Commission

34 Cal. 3d 817 · California Supreme Court · Oct 20, 1983

The failure of General’s planners to review and obtain state-of-the-art switching equipment from qualified, independent manufacturers, [f] d. The apparent indifference of General’s managers to the service problems. … Later decisions of the Supreme Court of California are clearly at variance with the broad, general dicta contained in the Telephone case.” (At p. 582.)

People v. Weaver

111 Cal. Rptr. 2d 2 · California Supreme Court · Aug 20, 2001

“Nothing is seen more clearly than with hindsight. … The prosecutor clearly told the jury to weigh all the applicable factors together and then make a “moral” decision.

People v. Charles

61 Cal. 4th 308 · California Supreme Court · Jun 1, 2015

Defendant has not established that the prosecution presented evidence it knew was false. … Presence of motive may tend to establish guilt. Absence of motive may tend to establish innocence.

In Re Alva

14 Cal. Rptr. 3d 811 · California Supreme Court · Jun 28, 2004

Two men who had suffered qualifying sex offense convictions before the Alaska law was enacted filed a federal suit to void application of the law against them. … Second, loss of citizenship, imposed as a consequence of crime, was clearly punitive in nature.

Lentz v. McMahon

49 Cal. 3d 393 · California Supreme Court · Aug 17, 1989

Welfare department workers, who purport to advise and direct recipients, clearly stand in a confidential relation to them. (See Driscoll, supra, 67 Cal.2d at p. 308, fn. 11 .) … In Dyna-Med we simply followed the established rule that, in the absence of express legislative authorization for punitive damages, such *404 damages may not be imposed by an administrative agency.

In Re Estate of Layton

217 Cal. 451 · California Supreme Court · Feb 28, 1933

interest in my estate. . . . ’ “The will was admitted to probate on February 1, 1926, the court finding, among other things, that the decedent was a resident of Los Angeles county, and the Security Trust and Savings Bank duly qualified … The proof in support of the motion clearly showed that the deceased was a resident of the District of Columbia.

People v. Burnick

14 Cal. 3d 306 · California Supreme Court · May 15, 1975

Yet if Specht did not prophesy each and every step in the future development of the role that due process must play in these commitment proceedings, it clearly pointed the way. … The message of the Supreme Court decisions has been clearly understood by our brethren on the federal bench.

Rice v. Clark

120 Cal. Rptr. 2d 522 · California Supreme Court · Jun 10, 2002

According to Hardy, Clare appeared mentally competent and expressed her testamentary wishes clearly. … Rice protests that under the lower courts’ construction only an instrument’s drafter, by instructing another person to transcribe the instrument, may qualify as a person who caused the instrument’s transcription, rendering

People v. Schmeck

33 Cal. Rptr. 3d 397 · California Supreme Court · Aug 25, 2005

On September 11, 1989, these and all other qualified prospective jurors returned to the court for the exercise of peremptory challenges. At this time, Prospective Juror D. … Such identity or degree of the crime may be established by a confession or admission.”

People v. Flinner

271 Cal. Rptr. 3d 648 · California Supreme Court · Nov 23, 2020

Cash (2002) 28 Cal.4th 703, 729, where we held that an attempted murder victim’s pregnancy was “clearly irrelevant” to any issue in the case. … We are satisfied that the trial court did not abuse its discretion in concluding that, although Baker may be “a bit different,” he was nevertheless qualified to testify. (See People v.

IT Corp. v. Solano County Board of Supervisors

1 Cal. 4th 81 · California Supreme Court · Dec 23, 1991

The court ruled that a violation of Condition 3.F. was established by the administrative record. … Code, §§ 25167.1-25169.3) sets standards and establishes state registration for transporters and haulers of hazardous waste.

Golding v. R.K.O. Pictures, Inc.

35 Cal. 2d 690 · California Supreme Court · Aug 4, 1950

The evidence of opportunity and, indeed, inclination to pirate plaintiffs' literary property is, therefore, clearly supported by the evidence. [12] Proof of access, however, establishes no more than the opportunity to copy … plot or, as the majority denominate it, "central core," is concerned, I am satisfied that neither the story told by plaintiffs nor that pictured in the film, can be said to possess in this decade any element of originality qualifying

People v. Elmore

59 Cal. 4th 121 · California Supreme Court · Jun 2, 2014

Section 192 establishes three kinds of manslaughter: voluntary, involuntary, and vehicular. Only voluntary manslaughter is at issue here. … The Legislature, however, has clearly rejected that option.

Estate of Stanford

49 Cal. 2d 120 · California Supreme Court · Sep 20, 1957

She might have been clearly identified as the holder of a vested remainder by the use of the term 'children' without other language, but was not. What could the grantor have had in mind? … There is no evidence of substantiality tending to establish an affirmative or any intention of testatrix that anyone other than Walter L.