Case law

Rattagan v. Uber Technologies, Inc.

California Supreme Court · Aug 22, 2024

1 The answer to the question is a qualified yes. … The court concluded the economic loss rule doomed Sheen’s tortious negligence cause of action because “it is based on an asserted duty that is contrary to the rights and obligations clearly expressed in the loan contract.

People v. French

12 Cal. 2d 720 · California Supreme Court · Feb 27, 1939

Clearly the instruction deals with a question of mental capacity to commit a homicide and is governed by the rule which is applicable to insanity as a defense. … Joseph Catton, who qualified as having had a wide experience in state and federal institutions maintained for the study and treatment of mental and nervous diseases; and Dr. Waldo H.

People v. Farley

46 Cal. 4th 1053 · California Supreme Court · Jul 2, 2009

Clearly, the prosecution’s case could be harmed by jurors who would decide issues based upon rumors or information received outside of court, and who would not follow the court’s instructions. … ‘may be directed to the eliciting of any matter which may tend to overcome or qualify the effect of the testimony given . . . on direct examination.’ [Citation.]

People v. Manibusan

58 Cal. 4th 40 · California Supreme Court · Dec 2, 2013

Still apparently trying to qualify the prospective juror for service, the court asked, “But under some circumstances you can take a life?” … I want to make sure I understand this clearly.”

People v. Davis

210 Cal. 540 · California Supreme Court · Oct 27, 1930

Convey, and concurred in by Justices Houser and York, which is as follows : “In the indictment it is charged, and the record shows, that at the times to which the indictment refers the defendant was the duly appointed, qualified … the contentions made on petition for hearing in this court, we add the following observations: The attorney-general contends, in effect, that since the testimony of Ben Getzoff, summarized by the District Court of Appeal, clearly

People v. Thompson

49 Cal. 4th 79 · California Supreme Court · May 24, 2010

The parties stipulated that Mercurio had not received immunity from prosecution for any events concerning Gitmed’s death. B. Pretrial Issues 1. … “was clearly and obviously in very great distress. She could hardly maintain her seat. All she wanted to do was get out of here. ...

State of California Ex Rel. Van De Kamp v. Texaco

46 Cal. 3d 1147 · California Supreme Court · Oct 20, 1988

Properly qualified, "combination" might refer narrowly to only that kind of arrangement in which the combining entities maintain separate and independent interests and identities. … What the rule establishes, I must emphasize, is only a presumption of legislative intent.

People v. Lopez

56 Cal. 4th 1028 · California Supreme Court · Jun 13, 2013

These records established that defendant called his family‟s residence from custody but did not establish to whom he spoke. Patty Lopez‟s testimony was not cumulative of other evidence. … The presence of motive is a circumstance that may establish guilt. (People v. Estep (1996) 42 Cal.App.4th 733, 738.)

People v. Buenrostro

240 Cal. Rptr. 3d 704 · California Supreme Court · Dec 3, 2018

Considered in combination, these assumed errors do not establish that defendant was denied a fair competency proceeding. 8. … This rule is based on the principle that a ‘[d]efendant has a right to jurors who are qualified and competent, not to any particular juror.’ [Citation.]

People v. Tully

54 Cal. 4th 952 · California Supreme Court · Jul 30, 2012

He told defendant that he and his family might possibly qualify for the witness protection program. … Clearly not.

California School Employees Ass'n. v. Governing Board of the Marine Community College District

8 Cal. 4th 333 · California Supreme Court · Sep 2, 1994

This threshold requirement will clearly distinguish at the outset those presidential proclamations of a purely ceremonial character from those that were intended to designate a national holiday. … This is an uncertain, litigation-breeding test that substitutes a murky and artificial inquiry into the President's subjective intent for the statute's clearly delineated objective criteria for creating a paid holiday.

People v. Turner

50 Cal. 3d 668 · California Supreme Court · Apr 26, 1990

As noted, however, the court also clearly admonished against any unauthorized discussion or information about “this case" or “this matter.” … The prosecutor’s implication that the jury had been told it could consider sympathy and mercy is not clearly supported by the record.

Van Beurden Insurance Services v. Customized Worldwide Weather Insurance Agency

15 Cal. 4th 51 · California Supreme Court · Mar 6, 1997

What is in dispute here is what constitutes evidence sufficient to establish that the clerk of the court mailed a “notice of entry” of judgment “[ujpon order of the court.” … Thus, the court clearly intended to begin the period within which Younesi had to notice his JNOV motion.

Wimberly v. Superior Court

16 Cal. 3d 557 · California Supreme Court · Mar 19, 1976

It is not necessary, however, that the officer qualify as an expert to be able to form the reasonable belief necessary to justify his actions. … Cook, supra, 13 Cal.3d 663, 670 , we specifically held that a trunk search was not beyond permissible limits because “[t]he record clearly establishes that the officers had probable cause to believe that the trunk compartment

Michael M. v. Superior Court

25 Cal. 3d 608 · California Supreme Court · Nov 5, 1979

A recent study clearly finds that the pregnancy directly causes the dropout, independent of any effect of antecedent education achievement or aptitude." (Lincoln, Is Pregnancy Good for Teenagers? … Further, if she remains diffident about testifying to the offense in question, she can simply be granted immunity from prosecution. (Pen.

Smith v. Westland Life Insurance

15 Cal. 3d 111 · California Supreme Court · Aug 28, 1975

However, application of strict contract principles, relied upon by the trial court in the case at bench, to the effect that a qualified acceptance constitutes a rejection of the original offer (Civ. … While the court found that the language of the application and receipt clearly made *123 company approval a condition precedent to the insurer’s full liability under the policy, the court nevertheless ruled that the company

Trabue Pittman Corp. v. County of Los Angeles

29 Cal. 2d 385 · California Supreme Court · Dec 10, 1946

In upholding the right of the tenant to participate, McAdam, Landlord and Tenant, fifth edition, section 10, pages 23-25, was quoted at page 903 as follows: “The State’s appropriation of land, unless qualified when made, … County of Kern, 137 Cal. 511 [ 70 P. 476 ], relied upon by plaintiff, is not contrary to the foregoing conclusion as it is clearly distinguishable upon its facts.

Della Penna v. Toyota Motor Sales, USA, Inc.

11 Cal. 4th 376 · California Supreme Court · Oct 12, 1995

[Dealer] agrees to abide by any export policy established by [distributor]." … L.Rev. at p. 337), neither can it be a principle of law that immunity is invariably proper. In view of the foregoing, the only reasonable choice is reformulation.

DE JESUS VERDIN v. Superior Court of Riverside County

43 Cal. 4th 1096 · California Supreme Court · Jun 2, 2008

Only then is a person compelled to be a ‘witness’ against himself. [][] This understanding is perhaps most clearly revealed in those cases in *1111 which the Court has held that certain acts, though incriminating, are not … reasonably necessary to ensure the production of evidence sufficient to determine whether or not the defendant is mentally retarded, including, but not limited to, the appointment of, and examination of the defendant by, qualified

Center for Biological Diversity v. Department of Fish & Wildlife

62 Cal. 4th 204 · California Supreme Court · Nov 30, 2015

(Final Statement of Reasons, supra, at p. 65; see, e.g., City of Milpitas, Climate Action Plan: A Qualified Greenhouse Gas Reduction Strategy (May 2013) p. 1-1; City of San Bernardino, Sustainability Master Plan (Public Review … We give the Guidelines great weight in interpreting CEQA, except where they are clearly unauthorized or erroneous. (Vineyard Area Citizens, supra, 40 Cal.4th at p. 428, fn. 5; Laurel Heights Improvement Assn. v.