Case law
Opinions from 1658 to today.
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1.48s
71 Cal. 2d 761 · California Supreme Court · Aug 20, 1969
It may be directed to the eliciting of any matter which may tend to overcome or qualify the effect of the testimony given by him on direct examination.” (People v. … This conclusion inevitably follows from the rule established in Do-rado.”
Cited 157 timesPublished64 Cal. Rptr. 3d 773 · California Supreme Court · Aug 30, 2007
Our discussion of Gilmer clearly does not apply to the much more modest awards generally available in overtime compensation cases. … But it does mean that the agreement is not immune from judicial scrutiny to determine whether or not its terms are so one-sided or oppressive as to be substantively unconscionable.
Overruled — as noted by 2 later courtsCited 241 timesPublished35 Cal. 4th 514 · California Supreme Court · Mar 21, 2005
Recent decisions of this court have emphasized the importance of meaningful death-qualifying voir dire. … Such claims of misconduct clearly have been forfeited. (Ibid.)
Cited 0 timesPublished44 Cal. 3d 713 · California Supreme Court · Mar 3, 1988
In return for a grant of immunity, he testified as follows: he and defendant were fellow inmates at California Men’s Colony (CMC) and had been lovers in prison. … Qualified experts may express opinions on issues beyond conmon understanding (Evid. Code, §§ 702, 801, 805), but lay views on veracity do not meet the standards for admission of expert testimony.
Cited 316 timesPublishedDuran v. U.S. Bank National Assn.
59 Cal. 4th 1 · California Supreme Court · May 29, 2014
Further, because the employer already bears the burden of establishing that each employee qualifies as exempt, nothing is accomplished procedurally by litigating the pattern and practice claim. … The employer still must prove, class member by class member, that the particular employee qualified as exempt.”
Cited 164 timesPublishedSan Diego Gas & Electric Co. v. Superior Court
13 Cal. 4th 893 · California Supreme Court · Aug 22, 1996
In the Court of Appeal the defendant companies conceded that the commission’s jurisdiction over rates does not immunize them from a Cartwright Act claim, but argued that such a claim must first be brought before the commission … Although biological effects are clearly established, the relationship of these effects to possible public health risks is not yet established.” (PUC & DHS Rep., supra, at p. B-4, italics added.)
Cited 241 timesPublishedMercer - Fraser Co. v. Industrial Accident Commission
40 Cal. 2d 102 · California Supreme Court · Jan 6, 1953
Such an award, therefore, can be sustained only if the evidence establishes and the commission finds, directly or impliedly, every fact essential to its imposition. … It ignores the express findings that the various things done or omitted and listed in paragraphs a to g are all qualified by the phrase preceding those paragraphs that the failure was wilful and knowing.
Disapproved on other grounds by LeVesque v. Workmen's Compensation Appeals Board, 1 Cal. 3d 627 (1970)Cited 71 timesPublished63 Cal. 2d 199 · California Supreme Court · Aug 19, 1965
And how about the establishment of the price in December of 1960, when the second memorandum was submitted to you? A. No. … Burdett was issuing advertisements depicting Sta-Hi machinery and indicating that Burdette Service & Rebuilding was qualified to rebuild it or repair it in the field? A. Yes. Q.
Cited 75 timesPublished48 Cal. 4th 347 · California Supreme Court · Mar 18, 2010
These remarks were clearly a renewed interrogation (see Rhode Island v. … In sum, while defense counsel’s closing argument is not immune from criticism, it falls within the “wide range of reasonable professional assistance” (Strickland v.
Cited 506 timesPublished53 Cal. 4th 335 · California Supreme Court · Jan 12, 2012
In response, plaintiffs’ counsel argued that even if O’Neil was not exposed to asbestos released from a Crane or 2 The Navy is immune from liability for injuries arising from the use of asbestos in shipyards and warships … Yet, uncontroverted evidence established that these internal components were not the original parts supplied by Crane and Warren.
Cited 149 timesPublished33 Cal. 2d 717 · California Supreme Court · Apr 19, 1949
Caruthers’ unsoundness of mind without giving him any “notice or an opportunity for a hearing” on that issue would clearly involve considerations of due process (Suckow v. … expressly declares the premise of such action to be in furtherance of the interest of the child whereas section 83, in designating the “relative” as a proper party to commence an annulment proceeding, does not similarly qualify
Cited 56 timesPublished11 Cal. 4th 786 · California Supreme Court · Nov 30, 1995
Rather, it found that they were destroyed in good faith according to established procedure. b. … ‘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.’
Overruled on other grounds by People v. Gaines, 46 Cal. 4th 172 (2009)Cited 449 timesPublished48 Cal. 3d 1194 · California Supreme Court · Jun 26, 1989
A rule so easily evaded or misused *1228 is clearly unsound. … The evidence was clearly insufficient to establish that defendant in fact committed the offense for which he had been arrested. (See People v. Anderson (1978) 20 Cal.3d 647, 650 [ 143 Cal.Rptr. 883 , 574 P.2d 1235 ].)
Cited 318 timesPublished120 Cal. Rptr. 2d 508 · California Supreme Court · Jun 19, 2002
and that the elements of the offense of burglary were established in this case. … As past cases establish, under these circumstances we presume that the jurors were guided by the written instructions. (E.g., People v.
Cited 48 timesPublished226 Cal. Rptr. 3d 69 · California Supreme Court · Dec 7, 2017
They [are] literally just kind of walking around [and] not thinking clearly at all.” In a study of 90 spousal homicides, Dr. … He further asked that only the penalty phase jury be “death qualified,” and that “any death qualification be conducted on an individual, sequestered basis.”
Cited 74 timesPublished86 Cal. Rptr. 2d 602 · California Supreme Court · Jul 15, 1999
In sum, both sections 916(a) and 206 establish that respondent possessed jurisdiction to enter the no-contact order. B. … Section 206 establishes one method of protecting jurors from unwanted contact by the losing party after trial, but does not purport to establish the exclusive method.
Cited 99 timesPublished70 Cal. 2d 60 · California Supreme Court · Dec 23, 1968
(Id. at p. 518 [5b].) (2) The substantial-evidence test is satisfied “If a psychiatrist or qualified psychologist . . . who has had sufficient opportunity to examine the accused, states under oath with particularity that … I agree that the judgments must be affirmed in this ease for the reasons stated, but my reason for this concurrence should be clearly stated.
Overruled on other grounds by People v. Green, 27 Cal. 3d 1 (1980)Cited 118 timesPublished206 Cal. 148 · California Supreme Court · Dec 31, 1928
This last objection being clearly inescapable, it is not necessary to discuss the first ground of objection. … They become a part of it and qualify it so that the estate granted is limited to the permitted uses.” (Forestier v. Johnson, 164 Cal. 24 [ 127 Pac. 156 ].)
Cited 0 timesPublished16 Cal. 4th 153 · California Supreme Court · Aug 4, 1997
The People suggest the trial court’s use of CALJIC No. 2.11.5 was clearly intended to refer to Junior Bridges and Tommy Bridges. … Bennett—that it be restricted to “matters that have been introduced into evidence in this case”—was clearly appropriate.
Cited 897 timesPublishedABC International Traders, Inc. v. Matsushita Electric Corp. of America
14 Cal. 4th 1247 · California Supreme Court · Feb 27, 1997
Neither of these two qualifying phrases suggests to me (or, I imagine, to the ordinary reader) that the use of these words was meant to refer to "competitors" of the purchaser to whom the discount was given, or to "destroying … `with the intent to destroy the competition of any regular established dealer.'"
Cited 48 timesPublished
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