Case law

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  • People v. Heard

    4 Cal. Rptr. 3d 131 · California Supreme Court · Aug 28, 2003

    In sum, the photographs clearly satisfied the relevancy requirement embodied in Evidence Code section 210. … It is evidence which by itself, if found to be true, establishes a fact.

    Limited on other grounds by People v. Partida, 35 Cal. Rptr. 3d 644 (2005)Cited 131 timesPublished
  • People v. Slaughter

    120 Cal. Rptr. 2d 477 · California Supreme Court · May 30, 2002

    It was not required that the corroborative evidence establish every element of the crime. E. … Wrest, supra, 3 Cal.4th 1088, 1107 , in which we clearly condemned the practice of making such biblical references.

    Abrogated on other grounds by People v. Diaz, 60 Cal. 4th 1176 (2015)Cited 111 timesPublished
  • Purdy & Fitzpatrick v. State of California

    71 Cal. 2d 566 · California Supreme Court · Jul 1, 1969

    the United States for the purpose of performing skilled or unskilled labor shall be excluded unless the Secretary of Labor certifies that there axe not “(A) sufficient workers in the United States who are able, willing, qualified … discrimination for its own sake; and if the state sought truly effective protection-against alien economic competition by extending a prohibition of limitation against all types of alien employment, such a scheme would clearly

    Cited 176 timesPublished
  • In Re Marriage of Stenquist

    21 Cal. 3d 779 · California Supreme Court · Aug 7, 1978

    Under federal law, a veteran who has qualified for both may receive only one. … Limitations on the applicability of community property principles to retirement pensions have also been established.

    Questioned by Samuels v. Samuels, 96 Cal. App. 3d 122 (1979)Cited 94 timesPublished
  • People v. Wells

    2 Cal. 198 · California Supreme Court · Apr 15, 1852

    Here it is admitted that there is a proper officer, elected and qualified to discharge the duties of the office, whose right, if present, would be undisputed. How, then, can the office be said to be vacant ? … So our Constitution has established the same rule; and by law, our Supreme Judges are required to reside in the State.

    Cited 19 timesPublished
  • People v. Gentile

    272 Cal. Rptr. 3d 814 · California Supreme Court · Dec 17, 2020

    (a)(1)) — the crime that Gentile is alleged to have aided and abetted — is a qualifying felony for felony murder purposes. … Against this backdrop, if the Legislature had intended section 1170.95 to apply only to defendants whose convictions had become final, we would expect the Legislature to have clearly said so.

    Cited 1,441 timesPublished
  • Isenberg v. Sherman

    212 Cal. 454 · California Supreme Court · Apr 30, 1931

    It was Humburg and Hagens who fixed this price, and they certainly were qualified to pass upon the value of the company. … This was clearly illustrated by the ease of Miller v. Kaliwerke, etc., 283 Fed. 746 .

    Cited 23 timesPublished
  • Dr. Leevil, LLC v. Westlake Health Care Center

    241 Cal. Rptr. 3d 12 · California Supreme Court · Dec 17, 2018

    Since it is purely statutory in nature, it is essential that a party seeking the remedy bring himself clearly within the statute.” (Baugh v. Consumers Associates, Ltd. (1966) 241 Cal.App.2d 672, 674.) Because Dr. … Orcilla and the cases on which it relies establish only that Westlake Health could use the unlawful detainer action to litigate whether Dr.

    Cited 35 timesPublished
  • People v. Alfaro

    63 Cal. Rptr. 3d 433 · California Supreme Court · Aug 6, 2007

    Defendant contends that the discussion between the trial court and defense counsel clearly establishes that defendant sought to enter an unconditional plea. … This contention clearly is belied by the record.

    Cited 85 timesPublished
  • Carsten v. Psychology Examining Committee

    27 Cal. 3d 793 · California Supreme Court · Aug 7, 1980

    But, urges petitioner, there are exceptions to the foregoing rule for property owners, taxpayers and voters, and she qualifies under the exceptions. … A firmly established series of cases has held that petitioner's standing to pursue her remedy is based on a generally recognized right and not on any exception that need be drawn in her case.

    Cited 111 timesPublished
  • In Re Baby Girl M.

    37 Cal. 3d 65 · California Supreme Court · Oct 22, 1984

    Both would qualify in California as presumed fathers, entitled to custody. Both had taken the affirmative steps necessary to assume parental responsibilities. By contrast, in Quilloin v. … The natural father also filed an action in another county to establish visitation and paternal rights.

    Superseded by statute, as recognized in Steven A. v. Rickie M.Cited 49 timesPublished
  • People v. Barrett

    54 Cal. 4th 1081 · California Supreme Court · Jul 30, 2012

    Code, § 2960 et seq. have qualified rights similar to some LPS Act patients to refuse antipsychotic drugs].) … California was not immune to the eugenics theories underlying the Virginia legislation at issue in Buck v. Bell. Indeed, by some accounts, California was a pioneer.

    Cited 118 timesPublished
  • People v. Rodriguez

    58 Cal. 4th 587 · California Supreme Court · Feb 20, 2014

    Castellano] would have been very qualified. I know that Dr. Vicary is very well qualified.” … “A person is qualified to testify as an expert if he has special knowledge, skill, experience, training, or education sufficient to qualify him as an expert on the subject to which his testimony relates.” (Evid.

    Cited 115 timesPublished
  • People v. Avena

    13 Cal. 4th 394 · California Supreme Court · Jun 10, 1996

    Superior Court, supra, 28 Cal.3d at pages 71-75, requiring sequestered voir dire due to the potential bias that may result from the process of death-qualifying prospective jurors. (See People v. … Second, even assuming the trial court understood the prosecutor as clearly supporting the instruction at one point, this fact is not relevant.

    Cited 1 timesPublished
  • Civil Service Assn. v. City & County of San Francisco

    22 Cal. 3d 552 · California Supreme Court · Oct 26, 1978

    Supreme Court speaking through Justice Brennan stated ( 420 U.S. 260 -263 [ 43 L.Ed.2d 179 -181]): "The action of an employee in seeking to have the assistance of his union representative at a confrontation with his employer clearly … Yet Skelly established the principle that, absent an emergency, notice and an opportunity to respond must precede termination; the same principle should apply in suspension cases.

    Cited 39 timesPublished
  • People v. Battle

    11 Cal. 5th 749 · California Supreme Court · Jul 1, 2021

    We may also consider nondiscriminatory reasons for the challenged strikes that are “apparent from and ‘clearly established’ in the record.” (Ibid.) … established’ in the record.”

    Cited 54 timesPublished
  • People v. Alvarez

    California Supreme Court · Aug 18, 2025

    ) “ ‘ “The burden is on the party seeking severance to clearly establish that there is a substantial danger of prejudice requiring that the charges be separately tried.” ’ ” (People v. … In order to cross-examine him on the topic, the prosecutor offered to grant Alvarez immunity from prosecution for contempt.

    Cited 0 timesPublished
  • People v. Zamora

    18 Cal. 3d 538 · California Supreme Court · Dec 16, 1976

    The lead was pursued and in June Hanak was offered immunity from prosecution in exchange for his testimony. … This is not a case in which a connection between a fire and possible insurance fraud was clearly lacking.

    Questioned by People v. Meza, 198 Cal. App. 4th 468 (2011)Cited 179 timesPublished
  • People v. Souza

    54 Cal. 4th 90 · California Supreme Court · May 31, 2012

    When Nelson looked out the window, he saw a car drive away approximately one minute after the shooting stopped, seeing it clearly when it drove under a street light. … Nevertheless, the claim may be waived under the doctrine of invited error if trial counsel both ― ‗intentionally caused the trial court to err‘ ‖ and clearly did so for tactical reasons.

    Cited 387 timesPublished
  • People v. Thompson

    1 Cal. 5th 1043 · California Supreme Court · Dec 1, 2016

    This latter exception is well established (see People v. Ramos (1997) 15 Cal.4th 1133, 1171; see generally People v. … Of course, ―uncharged conduct may be relevant to establish . . . motive.‖ (Id. at p. 402, fn. 6.)

    Cited 165 timesPublished

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