Case law

Industrial Indemnity Co. v. Industrial Accident Commission

34 Cal. 2d 500 · California Supreme Court · Nov 30, 1949

(There is a conflict on that subject but the evidence clearly establishes it.) … However, the rule has been qualified to the extent that . . where a change in title is merely nominal, and not such as would increase a motive to burn the property or to decrease safeguards surrounding it, the provision [

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

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.

People v. Burgener

41 Cal. 3d 505 · California Supreme Court · Mar 27, 1986

However, California cases construing these statutes have established that, once a juror’s competence is called into question, a hearing to determine the facts is clearly contemplated. (People v. … He asserted that only the assistance of another qualified attorney would be useful in this aspect of preparation. (Id., at pp. 432-433.)

Earl v. Times-Mirror Co.

185 Cal. 165 · California Supreme Court · Feb 25, 1921

The court there said: “The matter set up is clearly not a counterclaim, within the meaning of this provision (Pa ttison v. Richards, 22 Barb. 143 ; Murden v. Pryment, 1 Hilt. 76 ; Barhyte v. … No man is so well fortified in the respect and regard of the community, by even a lifetime of good conduct, as to be immune against causeless attack.

In Re Zacharia D.

6 Cal. 4th 435 · California Supreme Court · Dec 6, 1993

The "superior court ha[s] the authority to grant [a biological father] custody of his child so that he [can] qualify as a presumed father under section 7004, subdivision (a)." [17] ( Adoption of Kelsey S., supra, 1 Cal.4th … Javan clearly had not achieved such status at the time Zacharia was removed from Wendy's and Lee's custody.

People v. Lamson

1 Cal. 2d 648 · California Supreme Court · Oct 13, 1934

The state does not reckon with the factor that a foot or more might be available in the tub for the feet to slip, thus bringing the center of the body clearly within the rim of the tub. … with death and no valid judgment can be pronounced in *665 capital cases upon a verdict unless said jury is constituted of twelve legally qualified jurors.

Phyle v. Duffy

34 Cal. 2d 144 · California Supreme Court · Aug 1, 1949

In the absence of a holding by the United States Supreme Court that this statute is unconstitutional, I do not believe that this court should countenance the use of mandamus to defeat its clearly stated purpose. … The official draft of the proposed Code of Criminal Procedure of the American Law Institute makes provision (§§409-12) for a procedure similar to that established by the Penal Code.

People v. Tuilaepa

4 Cal. 4th 569 · California Supreme Court · Dec 28, 1992

Each testified that they clearly saw defendant’s face from a few inches to a few feet away. … Nothing in the record on appeal clearly establishes that the jury did or could see defendant’s restraints.

People v. Stanley

47 Cal. Rptr. 3d 420 · California Supreme Court · Aug 24, 2006

Samuel Benson, a qualified expert in the fields of pharmacology and psychiatry, testified crack cocaine is highly addictive, as established by laboratory experiments conducted on monkeys that were given unlimited access to … The standard for establishing ineffective assistance of counsel is well settled.

Etcheverry v. Tri-Ag Serv., Inc.

93 Cal. Rptr. 2d 36 · California Supreme Court · Mar 2, 2000

Plaintiffs then sought compensation for this damage to their property under legal doctrines long established in this state. … Medtronic’s construction of § 360k would therefore have the perverse effect of granting complete immunity from design defect liability to an entire industry that, in the judgment of Congress, needed more stringent regulation

In Re Bye

12 Cal. 3d 96 · California Supreme Court · Jul 23, 1974

Although a local hearing to probe the accuracy of the conclusions as determined by the outpatient’s parole agent is desirable, on many occasions it is likely that a person not professionally qualified and not familiar with … Such a practice clearly frustrates the prompt return policy necessary to the effectiveness of the civil addict program.

Williams v. Garcetti

5 Cal. 4th 561 · California Supreme Court · Jul 1, 1993

The starting point of our analysis is “the strong presumption that legislative enactments ‘must be upheld unless their unconstitutionality clearly, positively, and unmistakably appears. [Citations.] … the custody of a parent and declared a dependent child of the court. 6 We agree with the Court of Appeal that section 300 provides guidelines sufficiently specific to delineate the circumstances under which a child will qualify

Abbott v. City of Los Angeles

50 Cal. 2d 438 · California Supreme Court · Jun 6, 1958

Moreover, it is not to be assumed that the city would have attempted to abolish its pension system by reason thereof, especially since such systems are almost universally essential in order to attract qualified employes to … City of Long Beach (1955), supra, 45 Cal.2d 128 , in which the invalidity of the change was unequivocally established.

People v. Cooper

53 Cal. 3d 771 · California Supreme Court · May 6, 1991

The trial court, however, found him qualified. … Plainly stated, on this record it simply blinks reality for the majority to maintain that the record does not clearly establish that defense counsel misunderstood the applicable legal principles. *856 Particularly when a

People v. Woods

21 Cal. 4th 668 · California Supreme Court · Aug 26, 1999

Bravo (1987) 43 Cal.3d 600, 610-611 [ 238 Cal.Rptr. 282 , 738 P.2d 336 ] (Bravo) and was not clearly overruled by Whren v. United States (1996) 517 U.S. 806 [ 116 S.Ct. 1769 , 135 L.Ed.2d 89 ] (Whren). … In addition to finding that the supervision of probationers qualified as a special need, the court determined in Griffin that a warrant requirement would appreciably interfere with the state probation system by substituting

City of Moorpark v. Superior Court

77 Cal. Rptr. 2d 445 · California Supreme Court · Aug 17, 1998

Because the standards for establishing disability discrimination may well be different under the FEHA than under section 132a, a decision in an employee's favor on a section 132a petition would not establish a FEHA violation … Accordingly, just as disability discrimination in violation of section 132a does not alone establish a valid FEHA claim, it also does not alone establish a valid common law wrongful discharge claim.

Mary Pickford Co. v. Bayly Bros., Inc.

12 Cal. 2d 501 · California Supreme Court · Jan 5, 1939

Under such circumstances it clearly was not a co-issuer of the certificates. … The distinction is likewise well established in California.

People v. Johnson

12 Cal. 5th 544 · California Supreme Court · Jan 3, 2022

We agree that Edwards establishes a bright-line rule. … Second, Patterson clearly informed defendant at the start of the encounter that his statements could be used against him.

Williams v. Superior Court

34 Cal. 3d 584 · California Supreme Court · Sep 8, 1983

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 … Our assessment of these factors, however, did not establish a reasonable likelihood that Odie could not receive a fair trial in Contra Costa County.