Case law

In re Cowdery

69 Cal. 32 · California Supreme Court · Feb 27, 1886

that a solicitor discharged by his client for any reason other than misconduct is differently situated from a solicitor, who has withdrawn voluntarily from the cause in which he had been employed, and that he was therefore clearly … of the former solicitor-general that in his official capacity he must be considered as standing indifferent between the people of the state and the defendant who is indicted; that when his successor has been elected and qualified

People v. Valencia

74 Cal. Rptr. 3d 605 · California Supreme Court · Apr 14, 2008

The court admitted the statement to satisfy the corpus delicti rale, finding that it qualified as an exception to the hearsay rale as a spontaneous statement. … In this case, the prosecution established the corpus delicti of a crime of violence—robbery or assault.

People v. Dunn

California Supreme Court · Jul 24, 2025

He could not see clearly because he had lost his glasses, adding to his disorientation. He approached various people to see if they were attacking him. … The selection of death-qualified jurors does not violate due process or the right to an impartial jury. (Poore, supra, 13 Cal.5th at pp. 299–300; Taylor, supra, 48 Cal.4th at pp. 602– 603.)

Friends of Eel River v. North Coast Ry. Auth.

220 Cal. Rptr. 3d 812 · California Supreme Court · Jul 27, 2017

; and establishes common carrier obligations requiring provision of transportation or services on reasonable request. … But the Green Mountain court found no need to identify the dividing line between permissible and impermissible state or local regulation, on the ground that preemption was clearly called for in the case before it.

Maltaman v. State Bar

43 Cal. 3d 924 · California Supreme Court · Sep 8, 1987

The burden of establishing moral turpitude “by convincing proof and to a reasonable certainty” rests with the State Bar. … Unlike the earlier orders, the postjudgment commands to surrender possession of the Spang residence were clearly within the court’s fundamental jurisdiction over the parties and subject matter.

People v. Brite

9 Cal. 2d 666 · California Supreme Court · Oct 6, 1937

It was alleged that a duly appointed, qualified and acting deputy county clerk of said city and county, and an officer authorized by law to ad *685 minister oaths, and to administer an oath to the defendant Cohen, did administer … A score of eases might be cited in which this court has repeated the rule that the denial of a motion for a change of place of trial will not be reversed unless it clearly appears to this court that such discretion has been

People v. Wilson

11 Cal. 5th 259 · California Supreme Court · Apr 12, 2021

This standard of review applies because “the facts are established, the law is undisputed, and the issue” we must resolve “is whether the law as applied to the established facts is violated.” … Constructive possession by an employee is also sufficient to establish the element. (Ibid.)

Grupe Development Co. v. Superior Court

4 Cal. 4th 911 · California Supreme Court · Feb 11, 1993

In 1978 the electorate adopted, as part of Proposition 13, new article XIII A, section 4, of the Constitution, declaring that "Cities, Counties and special districts, by a two-thirds vote of the qualified electors of such … In that clause, "other development requirements" was clearly meant to include the "charges" and "dedications" mentioned in subdivision *921 (a) of the same statute.

Discover Bank v. Superior Court

30 Cal. Rptr. 3d 76 · California Supreme Court · Jun 27, 2005

“This provision is clearly meant to prevent customers, such as Szetela and those he seeks to represent, from seeking redress for relatively small amounts of money, such as the $29 sought by Szetela. … Fully aware that few customers will go to the time and trouble of suing in small claims court, Discover has instead sought to create for itself virtual immunity from class or representative actions despite their potential

In Re Scott

129 Cal. Rptr. 2d 605 · California Supreme Court · Jan 27, 2003

The standard for disqualification under Code of Civil Procedure section 170.1, subdivision (a)(6)(C), is objective, but potential bias and prejudice must clearly be established. … With this knowledge, competent counsel should have retained a qualified mental health professional to evaluate petitioner's mental condition at the time of the crime.

People v. Ayala

99 Cal. Rptr. 2d 532 · California Supreme Court · Nov 15, 2000

The court disagreed, stating that "clearly this [prospective] juror is not impaired." Substantial evidence supports that determination. … , usually by expert testimony, and (2) the witness furnishing such testimony must be properly qualified as an expert to give an opinion on the subject. *557 [Citations.]

People v. Seaton

110 Cal. Rptr. 2d 441 · California Supreme Court · Sep 26, 2001

Nor does the courthouse layout establish any individualized suspicion that defendant would engage in nonconforming conduct. … This minor and inadvertent misstatement of the evidence, which the prosecutor qualified with the words “as I recall,” could not have affected the outcome of the trial.

People v. Smith, Jr.

California Supreme Court · Apr 27, 2015

Schoenthaler conducted telephone interviews with 131 Shasta County residents who qualified for jury service. Forty-nine percent of the respondents had concluded defendant was guilty. … None of these jurors had any clearly formed memories, and several mentioned how long it had been since the news reports.

Wenger v. Commission on Judicial Performance

29 Cal. 3d 615 · California Supreme Court · Jul 13, 1981

Petitioner clearly abused the contempt process. … Bystanders’ testimony provides enough support for that ground to establish that its truth was a proper question of fact.

OTO, L.L.C. v. Kho

California Supreme Court · Aug 29, 2019

It clearly requires the parties to follow the same pleading, evidence, and motion practice rules that govern civil litigation. … Clearly, then, the majority itself does not believe that Armendariz provides more than indirect and weak support for its view.

People v. Ayala

24 Cal. 243 · California Supreme Court · Aug 28, 2000

The court disagreed, stating that “clearly this [prospective] juror is not impaired.” Substantial evidence supports that determination. … , usually by expert testimony, and (2) the witness furnishing such testimony must be properly qualified as an expert to give an opinion on the subject.

People v. Mason

52 Cal. 3d 909 · California Supreme Court · Jan 10, 1991

This case clearly met the statutory requirements for joinder because the five murders were of the same class. … “The jury must know that it is entitled to infer consciousness of guilt from flight and that flight, alone, is not sufficient to establish guilt. ([] § 1127c.)

Inquiry Concerning Clarke

1 Cal. 5th CJP Supp. 1 · California Supreme Court · Sep 29, 2016

When Judge Clarke first addressed Juror No. 4688, he had a list indicating that she had been prescreened and found to be English qualified. … As such, we conclude that the conduct as proven in count five did not clearly and convincingly constitute a violation of the canons or misconduct. IV.

People v. Contreras

229 Cal. Rptr. 3d 249 · California Supreme Court · Feb 26, 2018

But this passing statement was unnecessary to our decision because the 110-years-to-life sentence at issue clearly exceeded the defendant’s life expectancy under any definition. … (a)(3) [listing 27 offenses that qualify as a “serious rule violation,” including “(G) Possession of five dollars or more without authorization” and “(H) Acts of . . . disrespect which by reason of intensity or context create

People v. Romero and Self

California Supreme Court · Oct 15, 2015

during voir dire the prosecutor improperly and repeatedly asked Hispanic prospective jurors more “probing and detailed questions” than he asked Caucasian prospective jurors in a successful effort to eliminate “all eligible, qualified … However, acts of a person who intends to commit a crime will constitute an attempt where those acts clearly indicate a certain, unambiguous intent to commit that specific crime.