Case law

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. Prieto

133 Cal. Rptr. 2d 18 · California Supreme Court · Apr 21, 2003

innocence" implied that defendant had the burden of establishing his innocence. … Likewise, defendant's alleged threats to kill Figueroa if she reported the child-throwing incident clearly involved the threat of violence.

Make UC a Good Neighbor v. The Regents of the University of Cal.

California Supreme Court · Jun 6, 2024

But section 21085 clearly states that “[f]or purposes of [CEQA], for residential projects, the effects of noise generated by project occupants and their guests on human beings is not a significant effect on the environment … The legislative history of Assembly Bill 1307 overwhelmingly establishes that the Legislature enacted the new law to abrogate the Make UC decision.

Wenban Estate, Inc. v. Hewlett

193 Cal. 675 · California Supreme Court · Jun 3, 1924

The remaining five shares were issued in order to qualify directors, one share to Caroline S-. … It is the contention of the plaintiff corporation that Hewlett’s claim is disputed and dissipated by the established facts and circumstances preceding, attending, and following the formation of the corporation and that these

Brandt v. Superior Court

37 Cal. 3d 813 · California Supreme Court · Jan 28, 1985

Furthermore, even if there were some general exception for collateral litigation, the present type of case would not appear to qualify. … The opinion makes nothing of it, but that instruction was clearly deficient, since it did not require a causal relation between the defendant's tortious breach of the covenant of good faith and the employment of counsel.

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.

Aas v. Superior Court

101 Cal. Rptr. 2d 718 · California Supreme Court · Dec 4, 2000

Those cases, however, do not establish the rule plaintiffs seek. … It is unclear why the majority includes that qualification; this factor is quite clearly met, and is in fact established law, as the Court of Appeal— which ultimately agreed with the majority's conclusion that the repair

Comedy III Productions, Inc. v. Gary Saderup, Inc.

106 Cal. Rptr. 2d 126 · California Supreme Court · Apr 30, 2001

proposed a balancing test to distinguish protected from unprotected appropriation of celebrity likenesses: “an action for infringement of the right of publicity can be maintained only if the proprietary interests at issue clearly … Snyder (2d Cir. 1976) 536 F.2d 486, 490 ), in order to qualify for legal protection. On the other hand, we do not hold that all reproductions of celebrity portraits are unprotected by the First Amendment.

People v. Coffman

17 Cal. Rptr. 3d 710 · California Supreme Court · Oct 27, 2004

Marlow does not explain how a common law estoppel or immunity theory might avoid the stricture of this constitutional provision. … The evidence in this case clearly warranted the giving of these instructions.

People v. Spencer

71 Cal. 2d 933 · California Supreme Court · Sep 3, 1969

At 3 p.m. on May 4, 1967, defendant went to work at the Jaguar Bar and Cafe in Bakersfield, an establishment owned by Emily and defendant, which served food and beer. … Berta Swain, who was sweeping the floor in another part of the establishment, heard defendant calling for help.

People v. Bivert

52 Cal. 4th 96 · California Supreme Court · Jul 11, 2011

In order to establish good cause for separate juries, defendant must show more than mere speculation that the use of a single jury would result in prejudice (People v. … The court initially concluded, based on the questionnaire alone, that Prospective Juror No. 8 was not qualified to sit as a juror because his answers indicated he would not engage in a weighing of the evidence and, because

Western States Petroleum etc. v. State Bd. of Equalization

57 Cal. 4th 401 · California Supreme Court · Aug 5, 2013

In issuing Rule 474, the Board has clearly promulgated a new regulation applying to a specific class of property and, in so doing, has made a quasi-legislative judgment based on its evaluation of the evidence as well as its … The qualifying adjective ‘initial’ indicates the agency’s determination need not be conclusive, and the qualifying adjective ‘significant’ indicates that the agency need not assess or declare all adverse economic impact anticipated

People v. Collins

California Supreme Court · Jan 6, 2025

Yet a survivor who flees with her children is not immune to these same consequences: if she leaves in a manner that is not state sanctioned, she may be punished criminally or civilly for kidnapping her children, regardless … But a recent survey of 649 women representing 58.2 percent of women incarcerated in California for murder or manslaughter suggests that California is not immune from such gender disparities.

People v. Burwell

44 Cal. 2d 16 · California Supreme Court · Feb 1, 1955

You are the ones, I think, actually qualified to speak for him. It seemed to me he had become your pet already, and I could see why, in the few conversations which I had with him that would be so. … However, the context of the arguments referred to indicates that the word “knew” was used in the sense that “the evidence establishes.”

People v. Helzer

California Supreme Court · Jan 22, 2024

Relatedly, defendant argues in his supplemental briefing that the trial court “fail[ed] to comply with the Legislature’s clearly expressed limitation on death qualification of California juries.” … that this instruction allows jurors to consider mental conditions that do not qualify as mitigating factors under factors (d) and (h). (E.g., People v. Welch (1999) 20 Cal.4th 701, 768–769.)

People v. Nadey

California Supreme Court · Jun 17, 2024

A lot more would have to be established.” … But this fact was clearly established by the evidence in the case. At its worst, the court’s comment would have merely confirmed what the evidence showed.

Kraus v. Trinity Management Services, Inc.

96 Cal. Rptr. 2d 485 · California Supreme Court · Jun 5, 2000

To the contrary, “the Legislature has clearly stated its intent that the remedies and penalties under the [UCL] are cumulative to other remedies and penalties.” (Manufacturers Life Ins. Co. v. … Co:), not a class action, a fund of money was established representing overcharges made by a *155 street railway company.

Parker v. Twentieth Century-Fox Film Corp.

3 Cal. 3d 176 · California Supreme Court · Sep 30, 1970

Nor is it plain to me that the rather qualified rights of director and screenplay approval contained in the first contract are highly significant matters either in the entertainment industry in general or to this plaintiff … The practice is long-established and there is little reason to change despite Judge Cardozo’s observation of its subtle inaccuracy.

Hartford Fire Ins. Co. v. Jordan

168 Cal. 270 · California Supreme Court · Jul 28, 1914

This is clearly decided in City of Los Angeles v. Los Angeles Independent Gas Co., 152 Cal. 765, [ 93 Pac. 1006 ]. … In this way, the phrase ‘upon the property above enumerated’ is made fully effective as qualifying both ‘taxes’ and ‘licenses’ preceding it, while no word is either ignored or distorted from its fair meaning.”

People v. Redd

48 Cal. 4th 691 · California Supreme Court · Apr 29, 2010

Jansing also testified that he had received training to qualify him as a peace officer under section 832. … This instruction clearly encompassed the substance of defendant’s proposed instruction.