Case law

Raven v. Deukmejian

52 Cal. 3d 336 · California Supreme Court · Dec 24, 1990

But its invalidity does not affect the remaining provisions of Proposition 115, which are clearly severable from the invalid portion. … Evidently in late April or early May 1948, the “California Bill of Rights” initiative measure was certified as qualified for the ballot at the November 2, 1948, General Election.

Hildebrand v. State Bar

18 Cal. 2d 816 · California Supreme Court · Oct 20, 1941

Hash that he knew petitioner and thought him to be well qualified to handle that type of case; that Mr. … Petitioner clearly and positively testified that the exhibition of the checks to Mrs. Martell was in response to her request to him for more complete information about such cases. Mrs.

DeMille v. American Federation of Radio Artists

31 Cal. 2d 139 · California Supreme Court · Dec 16, 1947

The section grants the qualified authority to the Local to fix and levy assessments. Its language does not, imply a prohibition upon action first and approval by the National Board afterward. … Such acts include only those offenses coming clearly within the import of the language. (State v. Terre Haute Brewing Co., 186 Ind. 248 [ 115 N.E. 772 ]; United States v.

People v. Baker

42 Cal. 2d 550 · California Supreme Court · Mar 26, 1954

In the present case, there was ample evidence to establish defendant’s insanity prior to the killing of his wife. … The prejudicial nature of the instruction appears most clearly in the difficulties that it creates for the jury in the application of the rule stated in People v.

People v. Hills

30 Cal. 2d 694 · California Supreme Court · Oct 3, 1947

But this answer did not qualify his other frank admissions that actually he had no way of knowing the fact. … The evidence is sufficient only to establish that the homicide was murder; it is insufficient to establish that the murder was deliberate and premeditated.

Walsh v. Majors

4 Cal. 2d 384 · California Supreme Court · Sep 27, 1935

will being annexed to the complaint and the probate proceedings being incorporated by reference; that, on or about May 25, 1931, defendant Thomas Butler was appointed executor of the estate of Mabel Lola M.ajors and so qualified … The undisputed facts establish the following background for the fraud with which the defendants are charged: Mabel Lola Vallee and Joseph A. Majors were married in 1929.

Pearson v. County of Los Angeles

49 Cal. 2d 523 · California Supreme Court · Dec 31, 1957

Where the express mandatory conditions for a dismissal are clearly established and, as here, without contradiction, the court is without discretion in the matter. [Citations.]” (See also Emerson v. … Petitioner seeks to have his right to a pension established and offers to make all required payments.

Lux v. Haggin

69 Cal. 255 · California Supreme Court · Apr 26, 1886

It would have been obligatory on the plaintiffs, at least, to establish clearly that the threatened acts, if consummated, would result in grave injury to them; and in view of the many streams in that region, the various currents … (Bowyer, p. 61.) “ Thus running water is capable, indeed, of a qualified appropriation as property, but subject to a common right by natural law where it is capable of being fully enjoyed without exclusive possession.”

People v. Michaels

122 Cal. Rptr. 2d 285 · California Supreme Court · Jul 18, 2002

Mills, was well qualified but was not present and had not indicated a willingness to take the assignment. … The record here, however, is insufficient to establish ineffective assistance of advisory counsel.

Ex parte Burk

2 Colo. L. Rep. 150 · California Supreme Court · Oct 31, 1881

no preference for any religious establishment or mode of worship. … The foregoing citation of authorities is sufficient to show very clearly and conclusively that Sunday laws have received the sanction and support of many of the highest Courts of the Union, and so far as my examination has

Ex parte Burk

2 Colo. L. Rep. 150 · California Supreme Court · Oct 31, 1881

no preference for any religious establishment or mode of worship. … The foregoing citation of authorities is sufficient to show very clearly and conclusively that Sunday laws have received the sanction and support of many of the highest Courts of the Union, and so far as my examination has

People v. Hagen

80 Cal. Rptr. 2d 24 · California Supreme Court · Dec 7, 1998

California, supra, 386 U.S. at p. 24 [ 87 S.Ct. at p. 828 ] .) 10 For the same reason, the evidence was clearly sufficient to support a finding of willfulness. … United States (1961) 366 U.S. 213 [ 81 S.Ct. 1052 , 6 L.Ed.2d 246 ]), Johnny cannot rely on legal uncertainty to establish lack of willfulness.

People v. Wright

45 Cal. 3d 1126 · California Supreme Court · Jun 30, 1988

CALJIC No. 2.92 clearly focused the jury’s attention on such factors.” … We do not disregard the well-established difference between jury instructions, evidence, and argument.

People v. Oyler

California Supreme Court · May 5, 2025

McDonald is or is not qualified to try this particular case.” … Rather, such jurors are qualified to serve “ ‘so long as they clearly state that they are willing to temporarily set aside their own beliefs in deference to the rule of law.’ ” (People v.

North Bay Regional Center v. Maldonado

50 Cal. 4th 1206 · California Supreme Court · Nov 8, 2010

an aesthetic or environmental interest to block an award of attorney fees under the financial burden criterion, that interest must function essentially in the same way in the comparative analysis as a financial interest, clearly … First, it is difficult to discern what interests qualify as sufficiently “concrete.” (See Families Unafraid, supra, 79 Cal.App.4th at pp. 527-528 (conc. & dis. opn. of Sims, Acting P. J.).)

People v. Merritt

216 Cal. Rptr. 3d 265 · California Supreme Court · Mar 20, 2017

Where the effect of the omission can be ‗quantitatively assessed‘ in the context of the entire record (and does not otherwise qualify as structural error), the failure to instruct on one or more elements is mere ‗ ―trial … For one, the 7 opinion warned that ―failing to submit the entire case to the jury‖ is ―an error that clearly would be a ‗structural‘ rather than a ‗trial‘ error.‖ (Id. at p. 503

In re Jenkins

California Supreme Court · Mar 27, 2023

After the district court denied the defendants’ motion to dismiss based on qualified immunity, they filed an interlocutory appeal. (Steidl, supra, 494 F.3d at p. 625.) … On appeal, the Steidl court “agree[d] with the district court that the Brady line of cases has clearly established a defendant’s right to be informed about exculpatory evidence throughout the proceedings, including appeals

Simon v. San Paolo US Holding Co., Inc.

29 Cal. Rptr. 3d 379 · California Supreme Court · Jun 16, 2005

The first two subfactors are clearly inapplicable. The parties dispute whether Simon was financially vulnerable, but we assess this factor as essentially neutral. … This qualifies as a “breathtaking” multiplier (BMW, supra, 517 U.S. at p. 583 ), far outside the “single-digit neighborhood” (Bocci v.

St. John's Well Child & Family Center v. Schwarzenegger

50 Cal. 4th 960 · California Supreme Court · Oct 4, 2010

We determined that the provision at issue did not qualify “as an item of appropriation under any of these definitions. … scheme did not establish a continuing appropriation.

People v. Turnage

55 Cal. 4th 62 · California Supreme Court · Aug 6, 2012

Qualifying as a bomb expert at trial, Concolino testified that C-4, or Composition C-4, is an exceptionally powerful and “hot” explosive used mainly for military and law enforcement purposes. … Rather, its presence may be “established” by inference from “conduct” in response to a false WMD. (§ 11418.5, subd. (b).)