Case law

Sei Fujii v. State of California

38 Cal. 2d 718 · California Supreme Court · Apr 17, 1952

The Organization shall enjoy in the territory of each of its Members such privileges and immunities as are necessary for the fulfillment of its purposes. 2. … Have we not today established a precedent for just such action?

In re Richards

55 Cal. 4th 948 · California Supreme Court · Dec 3, 2012

As it was virtually the only damning evidence against *962 petitioner, that testimony clearly satisfies the statute’s test of materiality. … Sperber offered at trial could qualify as “false evidence” for purposes of Penal Code section 1473’s subdivision (b) if, for example, a generally recognized and relevant advance in science or technology proved under the preponderance

People v. Meredith

29 Cal. 3d 682 · California Supreme Court · Jul 20, 1981

On the other hand, we cannot extend the attorney-client privilege so far that it renders evidence immune from discovery and admission merely because the defense seizes it first. … Scott’s statements to Schenk regarding the location of the wallet clearly fulfilled the statutory requirements.

Sabella v. Wisler

59 Cal. 2d 21 · California Supreme Court · Jan 17, 1963

But since the instant policy excludes merely “settling,” without use of qualifying adjectives such as “normal” or “usual,” the policy herein does indicate an intent to exclude any and all loss caused by settling, and settling … The virtual absence of subsidence damage in the prior four years of the existence of the house here in quéstion clearly indicates that the broken pipe was the predominating or moving efficient cause of the loss.

Orange County Social Services Agency v. Wendy H.

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

Javan clearly had not achieved such status at the time Zacharia was removed from Wendy’s and Lee’s custody. … Ultimately, this presumption was rebutted by blood tests establishing that Javan was the biological father.

People Ex Rel. Averna v. City of Palm Springs

51 Cal. 2d 38 · California Supreme Court · Oct 24, 1958

This clearly contemplates a "hearing" of objections in addition to those written. Section 35313 says: "At the time set for hearing protests. ... If a protest is written it need not again be heard. … This clearly provides for a different kind of protest.

Gregory v. Cott

59 Cal. 4th 996 · California Supreme Court · Aug 4, 2014

Gregory fails to establish that in-home caregivers face appreciably higher risks than those employed in institutions. … California public policy clearly favors alternative arrangements in which these patients are assisted to remain at home.

People v. Powell

237 Cal. Rptr. 3d 793 · California Supreme Court · Sep 17, 2018

We need not examine the merits of defendant’s claim because he cannot establish prejudice. … Similarly here, Pama was qualified to testify about her own direct perceptions of how McDade family members reacted to the murder.

People v. Holt

37 Cal. 3d 436 · California Supreme Court · Nov 26, 1984

A single "death qualified" jury was empaneled for both guilt and penalty phases. … The trial court clearly erred. (Cf. People v. Green (1980) 27 Cal.3d 1 , 23-26 [ 164 Cal. Rptr. 1 , 609 P.2d 468 ].) C.

Associated Builders & Contractors, Inc. v. San Francisco Airports Commission

87 Cal. Rptr. 2d 654 · California Supreme Court · Aug 16, 1999

The merits of ABC’s contention are difficult to assess, as it cites no authority on point or clearly mandating such a conclusion. … Clearly, however, in Gay Law Students there was no potential divergence of interests between the association and its members.

Sweatman v. Department of Veterans Affairs

104 Cal. Rptr. 2d 602 · California Supreme Court · Mar 8, 2001

To be eligible for disability coverage, they must qualify for life coverage and, in addition, must be under 62 years of age, be regularly employed outside the home for at least 30 hours a week, and show satisfactory evidence … The coverage in Truta was optional and clearly peripheral to the contract for rental of an automobile.

Quarry v. Doe I

53 Cal. 4th 945 · California Supreme Court · Mar 29, 2012

The claims of plaintiffs in the present case clearly were lapsed by 1998, because by that date plaintiffs all had passed their 26th birthdays. … For example, in Philip Morris, supra, 28 Cal.4th 828 , in rejecting the claim that the repeal of statutory immunity for products liability based upon exposure to tobacco was retroactive to the immunity period, we observed

Richey v. Autonation, Inc.

60 Cal. 4th 909 · California Supreme Court · Jan 29, 2015

Plaintiff here has not advocated for a greater scope of judicial review in cases involving unwaivable statutory rights, and thus, there is no reason to go beyond the framework Pearson Dental established. … We express no opinion in this case on the employment provision‘s legality in other contexts. 12  Even if Power Toyota‘s employment manual could have more clearly stated the

Paratransit, Inc. v. Unemployment Insurance Appeals Board

59 Cal. 4th 551 · California Supreme Court · Jul 3, 2014

However, once it is established that the employee has violated a reasonable order, the burden shifts to the employee to show good cause. [Citation.]” … (Amador, supra, 35 Cal.3d at p. 679.) 11 may disregard the superior court‟s conclusions when the probative facts are undisputed and clearly require different conclusions.

People v. Monterey Fish Products Co.

195 Cal. 548 · California Supreme Court · Mar 4, 1925

, and that, incidentally and by necessary implication, it is a grant to respondent of the right to use such fish in its reduction plant; that the later act of 1919 does not expressly repeal this act, and that under well-established … Such fish can become the subject of private ownership only in such qualified way, to such limited extent, and subject to such conditions and limitations as the state through its legislature may see fit to provide and impose

In Re City and County of San Francisco

191 Cal. 172 · California Supreme Court · May 17, 1923

The City proposes merely to establish a fund from which certain definitely stated sums are to be disbursed for a purpose provided by law. … The contract is thus clearly within the power thus conferred and we need look no further although it is contended that the general powers of the 'City with reference to hospitals was sufficient authority to justify the contract

People v. Gutierrez

58 Cal. 4th 1354 · California Supreme Court · May 5, 2014

The text of section 190.5(b) does not clearly indicate whether the statute was intended to make life without parole the presumptive sentence. … But the canon “is qualified by the proposition that ‘avoidance of a difficulty will not be pressed to the point of disingenuous evasion.’ ” (Rust v.

Leoni v. State Bar

39 Cal. 3d 609 · California Supreme Court · Aug 22, 1985

We analyze petitioners’ letter program under the line of cases according qualified protection to commercial speech and examine the cases and policies which govern misleading advertising generally. … Applying these well established principles to the case at bench we conclude that Rule 2-101(A) is a permissible regulation of misleading advertising.

People v. Rhoades

255 Cal. Rptr. 3d 453 · California Supreme Court · Nov 25, 2019

We may also consider nondiscriminatory reasons for the peremptory strike that ‘necessarily dispel any inference of bias,’ so long as those reasons are apparent from and clearly established in the record.” … Therefore, as we have said, an appellate court may take into account “nondiscriminatory reasons for a peremptory challenge that are apparent from and ‘clearly established’ in the 54

Protecting Our Water and Environmental etc. v. County of Stanislaus

California Supreme Court · Aug 27, 2020

City of Davis (2000) 83 Cal.App.4th 1004, 1015, which held that “an agency’s view of the meaning and scope of its own ordinance is entitled to great weight unless it is clearly erroneous or unauthorized.” … The project may qualify for another CEQA exemption or the agency may be able to prepare either a negative declaration or a mitigated negative declaration after its initial study.