Case law

Rosenberg v. Frank

58 Cal. 387 · California Supreme Court · Jul 1, 1881

The plaintiffs were by the same Court appointed executors of the said will; letters testamentary were issued to them, and they qualified and entered upon the discharge of their duties as such executors. … It is of frequent occurrence that men of clear and vigorous minds and who think, speak, and write clearly, spell badly. History affords many instances of it.

People v. Kelly

1 Cal. 4th 495 · California Supreme Court · Jan 16, 1992

This sequestration rule was formulated in the unique context of death-qualifying the jury. We made clear in Hovey v. … Rep. 718, 722]: ‘[T]o establish a defense on the ground of insanity, it must be clearly proved that, at the time of the committing the act, the party accused was labouring under such a defect of reason, from disease of the

Nat. Shooting Sports Foundation, Inc. v. State of California

235 Cal. Rptr. 3d 54 · California Supreme Court · Jun 28, 2018

In 1999, the Legislature enacted the Unsafe Handgun Act (the Act) to establish safety standards for all handguns manufactured, imported, and sold in the state. (Pen. … That is clearly wrong for the reasons the majority explains (see maj. opn., ante, at pp. 4–6), and therefore I concur.

Frink v. Roe

70 Cal. 296 · California Supreme Court · Jul 30, 1886

Clearly, the defendant in an execution under a statute giving him the right of designating the property to be levied upon cannot defeat a levy by neglect or refusal to exercise his statutory right, and in the absence of a … But no reason is perceived why every declaration accompanying the act of possession, whether in disparagement of the claimant’s title or otherwise, qualifying his possession, if made in good faith, should not be received

People v. Mataele

296 Cal. Rptr. 3d 30 · California Supreme Court · Jul 21, 2022

It doesn’t qualify.” … The prosecution’s case against Mataele rested on Carrillo’s immunized testimony and John Masubayashi’s limited view of the shooter’s forearm.

People v. Purvis

52 Cal. 2d 871 · California Supreme Court · Nov 6, 1959

Wilson and contends that at the time of the killing the evidence establishes that any preexisting hostility toward her had been dissipated. … Moreover, in admitting the records, the trial court stressed the importance of what would happen to defendant if given a life sentence and clearly implied that the records had a significance in this respect that they did

Ass'n for L.A. Deputy Sheriffs v. Superior Court of L.A. Cnty.

251 Cal. Rptr. 3d 320 · California Supreme Court · Aug 26, 2019

(c) [" 'Unfounded' means that an investigation clearly establishes that the allegation is not true"].) … Even if one assumes *53 that a law enforcement agency is not a member of the prosecution team when acting in its capacity as a custodian of records - a proposition Steele does not establish - it may be that others, who clearly

People v. Ellis

188 Cal. 682 · California Supreme Court · May 5, 1922

The qualifications as experts of each of the witnesses produced were sufficiently established. … After further testimony tending to qualify the witness as an expert, he stated: “To my mind there is no doubt but what the bullet entered at the back, the smaller hole, and came out at the front of the coat, or the larger

Daily Journal Corp. v. Superior Court

86 Cal. Rptr. 2d 623 · California Supreme Court · Jul 22, 1999

27 Cal.Rptr.2d 708 ] [“grand jury proceedings themselves are not open to the public and no public right of access attaches, but once an indictment has been returned section 938.1 . . . implicitly recognizes the public’s qualified … Finally, the Court of Appeal concluded that permitting disclosure in this matter, which is “so clearly sui generis,” would not provide future support to those who would seek disclosure in other matters.

People v. Anderson

106 Cal. Rptr. 2d 575 · California Supreme Court · May 14, 2001

Its ruling will not be disturbed on appeal unless the prejudicial effect of evidence so admitted clearly outweighed its probative value. … Under the circumstances, their inclusion was clearly within the court's discretion.

People v. Wright

52 Cal. 3d 367 · California Supreme Court · Dec 27, 1990

However, “the ‘struck jury’ method of jury selection [is] where the trial judge tenders to each party a list of qualified veniremen and each side exercises its peremptories against the names on the list. … Here, defendant failed to clearly indicate at the August 16, 1982, hearing that he desired to have counsel relieved and to proceed pro se.

People ex rel. McKune v. Weller

11 Cal. 49 · California Supreme Court · Jul 1, 1858

It is not easy to support that decision, even limited and qualified as it has been in the subsequent case of the People v. Porter, ( 6 Cal. 26 ). … While the principle which establishes the line of discrimination between acts directory and acts indispensable clearly indicates the correctness of the rule we have adopted— a rule supported by the clear and cogent reasoning

People v. Barnett

74 Cal. Rptr. 2d 121 · California Supreme Court · May 4, 1998

Marsden motions are subject to the following well-established rules. … Rptr. 291 [citing numerous state and federal authorities holding that a defendant has no standing to argue that the testimony of an immunized witness is the product of improper grants of immunity].)

People v. Chacon

69 Cal. 2d 765 · California Supreme Court · Nov 27, 1968

This unified posture of the defense is revealed most clearly by an examination of the closing argument at the trial on the issue of guilt. … The prosecution could have established the fact that the defendants are life termers in a less prejudicial way than that undertaken here.

People v. Taylor

52 Cal. 3d 719 · California Supreme Court · Dec 31, 1990

This clearly is not the intent of section 190.4, subdivision (c). 3. Dr. Block's Testimony Dr. … Motion for Modification of Verdict Defendant contends that the record fails to clearly establish that the trial judge made an independent determination that death was the appropriate penalty. We disagree.

People v. Kelly

10 Cal. 3d 565 · California Supreme Court · Dec 26, 1973

The proper rule of law was early established in People v. … Thus it is immaterial that voluntary intoxication may have caused the insanity, as long as the insanity was of a settled nature and qualifies under the M’Naughton test as a defense.

International Engine Parts, Inc. v. Feddersen & Co.

9 Cal. 4th 606 · California Supreme Court · Mar 2, 1995

Thus we clearly distinguished between the concepts of actual injury and irremediable harm. … Johnson, Grant & Co. (1988) 229 Neb. 369 [ 427 N.W.2d 44 ] [two-year statute of limitations for accountant malpractice commences when plaintiff told by accountant that company did not qualify for DISC status under Internal

People v. Wilson

66 Cal. 2d 749 · California Supreme Court · May 25, 1967

When defendant arrived at his wife’s apartment, which was about 1% miles from his establishment, he found the outside door to the building locked. … The error was clearly prejudicial.

Von Schmidt v. Huntington

1 Cal. 55 · California Supreme Court · Mar 15, 1850

It can scarcely be said to be useful as a practical guide, for it is open to so many exceptions, and qualifications, and limitations, that the nature, extent and application of it cannot be always clearly defined. … It is true that it has been held in some of the cases that where the bill seeks the dissolution of the company, all the members must be made parties, however numerous they may be, but this doctrine has been greatly qualified

American-Hawaiian Engineering & Construction Co. v. Butler

165 Cal. 497 · California Supreme Court · May 28, 1913

It does not purport to qualify or affect the right of the contractor to receive the moneys due him for work already done at the time of his failure, *Page 514 unless the proceeding is carried to the extent of an actual discontinuance … The facts found clearly show a waiver of the right to demand damages for delay in completion after September 1, 1906. The evidence still more clearly establishes such waiver.