Case law

John L. v. Superior Court

33 Cal. 4th 158 · California Supreme Court · Jun 17, 2004

Ansell (2001) 25 Cal.4th 868, 881 [ 108 Cal.Rptr.2d 145 , 24 P.3d 1174 ] (Ansell) [subjecting convicted sex offenders to new restrictions on procedure for removing civil disabilities even where qualifying crimes predated … In general, the high court has established that no statute falls within the ex post facto prohibition unless “two critical elements” exist. (Miller v.

People v. Jones

15 Cal. 4th 119 · California Supreme Court · Mar 10, 1997

Near the end of this portion of the voir dire, Melvin stated: “I know what you are trying to get me to say, but I just, I don’t feel in my heart that I would be qualified. … As discussed above, these few brief references were ambiguous at worst and did not clearly state that defendant would be set free.

Fracasse v. Brent

6 Cal. 3d 784 · California Supreme Court · Mar 10, 1972

Until today there has been nothing in the development of California law which has qualified or restricted the above rule when applied to agreements between an attorney and his client. … Herron clearly provides no support for their position.

People v. Powell

67 Cal. 2d 32 · California Supreme Court · Jul 18, 1967

Volunteered statements of any kind are not barred by the Fifth Amendment and their admissibility is not affected by our holding today. ’ ’ The second and subsequent statements of each defendant, however, were clearly the … I didn’t used to have this bad a temper, but since I got out of "Vacaville, it’s got worse and worse, and that is the way it is. ’ ’ 3 In a subsequent statement lie qualified this by saying the gun "did go off by itself one

Prachasaisoradej v. Ralphs Grocery Co.

64 Cal. Rptr. 3d 407 · California Supreme Court · Aug 23, 2007

But sections 221 through 224, in combination with other statutes, establish a public policy against any deductions, setoffs, or recoupments by an employer from employee wages or earnings, except those deductions specifically … Accordingly, only this end figure is immune from workers' compensation or other deductions; any calculations that precede it simply are not subject to the restrictions of section 3751 or any similar provision.

Peterson v. Ball

211 Cal. 461 · California Supreme Court · Jan 30, 1931

in acts of incorporation, either to make' the duration of the charter conditional, or to reserve the power to alter, modify, or repeal the charter at pleasure; ‘and as the power of modification and repeal is thus made a qualifying … The. introduction to the section that “some courts have held and some able law writers have insisted . . . ” clearly indicates this.

Hansen v. Bear Film Co.

28 Cal. 2d 154 · California Supreme Court · May 7, 1946

That either before or after her death Albert should contribute $10,000 to establish a trust fund for the benefit of Charles. … She was not in any way qualified to do so, particularly while he lived.

Stoetzl v. Dept. of Human Resources

248 Cal. Rptr. 3d 891 · California Supreme Court · Jul 1, 2019

Likewise, in White, we said: “[P]ast California cases clearly establish that although the conditions of public employment generally are established by statute rather than by the terms of an ordinary contract, once a public … The language also may be construed to mean that “the rates of pay set forth represent the total compensation in every form” for all hours worked that qualify as compensable work time under the pay plan.

People v. Alexander

49 Cal. 4th 846 · California Supreme Court · Jul 15, 2010

Bulman could not see clearly who he was. While bent over, Bulman tried to use the police radio, but it did not work because the car’s ignition was not turned on. … In any event, defendant has not established prejudice resulting from the alleged error.

People v. Brisendine

13 Cal. 3d 528 · California Supreme Court · Feb 20, 1975

The burden of establishing these facts rests with the People. {Ibid., citing People v. Johnson (1968) 68 Cal.2d 629, 632 [ 68 Cal.Rptr. 441 , 440 P.2d 921 ].) … The United States Supreme' Court stated that it was not “inclined, on the basis of what seems to us to be a rather speculative judgment, to qualify the breadth of the general authority to search incident to a lawful custodial

Wallace Ranch Water Co. v. Foothill Ditch Co.

5 Cal. 2d 103 · California Supreme Court · Dec 31, 1935

Wallace had died and Emeline Wallace was the duly appointed, qualified and acting administratrix of his estate.. J. W. C. … However, we are of the opinion that the recited evidence clearly shows that since 1883, and until 1928, defendant and its predecessors in interest by *116 their actions, by their respective deeds, and by declarations in various

Bank of California v. Carter

15 Cal. 3d 623 · California Supreme Court · Dec 1, 1975

the Reserve stock was freed from the restrictions imposed by the executor’s multifarious duties and limited powers and became subject to the broad powers conferred upon the trustee by the terms of the trust. 18 “It is the established … The awards must be upheld unless they appear so clearly out of proportion to the services performed as to be an abuse of discretion.

People v. Bigelow

37 Cal. 3d 731 · California Supreme Court · Dec 27, 1984

Since the amendment is clearly "`"a material change in the language"'" ( Loew's, Inc. v. … The prosecutor's reading of the fifth special circumstance (avoiding arrest) would nullify that qualifying language.

People v. San Nicolas

21 Cal. Rptr. 3d 612 · California Supreme Court · Dec 6, 2004

This much was clearly established by the evidence. (People v. Earp (1999) 20 Cal.4th 826, 888 [ 85 Cal.Rptr.2d 857 , 978 P.2d 15 ]; People v. Proctor, supra, 4 Cal.4th at p. 536.) … We stated, “The instructions advise the jury to determine what significance, if any, should be given to evidence of consciousness of guilt, and caution that such evidence is not sufficient to establish guilt, thereby clearly

Another Planet Entertainment, LLC v. Vigilant Insurance Co.

California Supreme Court · May 23, 2024

But the mere fact that a property cannot be used as intended is insufficient on its own to establish direct physical loss to property. … Clearly, this threshold is met when an item of tangible property has been ‘physically altered’ by perils such as fire or water. [Citation.]

People v. Chhoun

275 Cal. Rptr. 3d 2 · California Supreme Court · Feb 11, 2021

However, any error in admitting the testimony was clearly harmless. Strong evidence tied defendant to the Spokane murders. … “[E]ven when a hearsay statement runs generally against the declarant’s penal interest . . . , the statement may, in light of circumstances, lack sufficient indicia of trustworthiness to qualify for admission.”

Havemeyer v. Superior Court

84 Cal. 327 · California Supreme Court · Jun 9, 1890

The object of such legislation is apparent, and clearly it is not the infliction of penalties, but merely the conservation of rights. … And we are satisfied that the rule of practice established by these decisions'is a proper and wholesome rule, recommended by important considerations of expediency.

Zuckerman v. Underwriters at Lloyd's

42 Cal. 2d 460 · California Supreme Court · Mar 12, 1954

If in a given case death would have occurred in any event from some other cause at or about the time it did occur, clearly that accident was not the prime or moving cause of death. … As I have heretofore pointed out, the *483 Brooks case qualifies the provision by holding that the insurer is not relieved from liability if a preexisting disease or infirmity "appears to actually contribute to cause the

People v. Kaurish

52 Cal. 3d 648 · California Supreme Court · Dec 31, 1990

Even were we to agree that CALJIC No. 17.01 or an equivalent instruction should have been given, failure to do so here was clearly harmless error. … The findings are not a model of clarity; it would have been preferable for the judge to identify more clearly which circumstances of the crime she found aggravated defendant’s culpability.

Crawford v. Board of Education

17 Cal. 3d 280 · California Supreme Court · Jun 28, 1976

and assignment of faculty and supervisory personnel; policies with respect to transfers from one school to another; whether, and to what extent, special schools will be provided, where they will be located, and who will qualify … Under these circumstances, local school boards should clearly have the initial and primaiy responsibility for choosing between these alternative methods.