Case law

Martin Ship Service Co. v. City of Los Angeles

34 Cal. 2d 793 · California Supreme Court · Feb 28, 1950

Mealey, 334 U.S. 653 [ 68 S.Ct. 1260 , 92 L.Ed. 1633 ], the city may clearly tax plaintiffs’ local activities and the gross receipts therefrom. In Memphis Natural Gas Co. v. … Interstate Oil Pipe Line Company, a foreign corporation qualified to do business in Mississippi, owned and operated pipe lines for the transmission of oil from Mississippi oil fields to loading racks within the state for

Yost v. Thomas

36 Cal. 3d 561 · California Supreme Court · Aug 23, 1984

The Coastal Act does not provide blanket immunity from the voters’ referendum power. I The Coastal Act The Coastal Act of 1976 (Pub. … The discretion accorded local governments in establishing, creating and implementing land use plans is most clearly reflected in the language of section 30005.

Enyeart v. Board of Supervisors

66 Cal. 2d 728 · California Supreme Court · May 25, 1967

After the amendment supplemental protests clearly were *737 permitted but only if filed within the ten-day limit. … The time and place for a hearing on the petition; (e) That written requests for exclusion [which section 34311 states are deemed to be protests], and all persons wishing to be heard on the matter of the size and shape and establishment

Taylor v. Cole

201 Cal. 327 · California Supreme Court · Jun 8, 1927

This resolution with the charter which it establishes is a law of the state, and is conclusive as to the fact so recited in the preamble.” … In rendering judgment sustaining the demurrer, the court held: “The district had at least a de facto existence, and that was enough to make it immune from an attack by an individual property owner or any number of such owners

Kizer v. Hanna

48 Cal. 3d 1 · California Supreme Court · Feb 21, 1989

The court added that section 14009.5 did not change the previous law which made Medi-Cal recipients immune from repayment of benefits lawfully obtained. … As this case illustrates, the estate of a Medi-Cal recipient can often be relatively substantial even though only individuals with financial need qualify for the benefits.

Union Oil Co. v. Reconstruction Oil Co.

4 Cal. 2d 541 · California Supreme Court · Oct 30, 1935

Thereafter on October 13, 1934, a second order was made appointing and empowering certain qualified experts to make the examination and survey under the supervision of the sheriff of said county. … Both of these contentions are clearly correct.

People v. Morine

138 Cal. 626 · California Supreme Court · Mar 13, 1903

The evidence thus brought him clearly within the law (Pen. … This witness seems to have qualified himself in a general way to speak on the subject, having stated that he had had some experience with ax-wounds.

Fein v. Permanente Medical Group

38 Cal. 3d 137 · California Supreme Court · Feb 28, 1985

Further, even if the trial court did err in this regard, the error clearly would not warrant reversal. … any error, provided there is finally selected a jury composed of qualified and competent persons.’”

Manduley v. Superior Court

117 Cal. Rptr. 2d 168 · California Supreme Court · Apr 17, 2002

As described above, Proposition 21 added a number of crimes to the list of violent and serious felonies that qualify as strikes under the Three Strikes law. 11 The violent felonies now qualifying as strikes under the measure … for determining qualifying offenses under the Three Strikes law.

Hovey v. Superior Court

28 Cal. 3d 1 · California Supreme Court · Aug 28, 1980

establish deficiencies in a pool consisting of those three groups, i.e., the “California death-qualified” groups. … Witherspoon placed the burden on the accused to establish the nonneutrality of a death-qualified jury. (Cf., ante, fns. 37 and 38 and accompanying text.)

Clemente v. State of California

40 Cal. 3d 202 · California Supreme Court · Oct 28, 1985

Neither the discretionary immunity of Government Code section 820.2, nor the more specific discretionary immunity of failure to enforce a statute (Gov. … its subsequent progress, both in the lower court and upon subsequent appeal, and, as here assumed, in any subsequent suit for the same cause of action, and this although in its subsequent consideration this court may be clearly

DeRonde v. Regents of the University of California

28 Cal. 3d 875 · California Supreme Court · Feb 11, 1981

This was at a time when more highly qualified male Caucasians were applying for admission than in the history of the school .... [1Í] How can there be said to exist no ‘disproportionate’ impact when extremely well-qualified … The principles of Price are clearly controlling here.

Western States Bankcard Association v. City & County of San Francisco

19 Cal. 3d 208 · California Supreme Court · Mar 23, 1977

It is well established that corporate status will not be disregarded to facilitate tax avoidance. (Mapo, Inc. v. State Bd. of Equalization (1975) 53 Cal.App.3d 245, 248 [ 125 Cal.Rptr. 727 ]; Rexall Drug Co. v. … This they had a perfect right to do but, in our view, could not enfold this entity with the banks’ own “in lieu” tax immunity.

Smith v. Mitchell P.

22 Cal. 3d 946 · California Supreme Court · Dec 22, 1978

Clearly, the majority's statutory argument lacks merit. III The majority opinion's analysis of the denial of equal protection of the law is also erroneous. … The Legislature clearly believed that the accomplice-corroboration rule was a "necessary component of accurate factfinding."

In Re Jesusa

10 Cal. Rptr. 3d 205 · California Supreme Court · Mar 1, 2004

(b).) *246 The legislative history of these provisions clearly supports my conclusion. … Based on his conduct over the entire relevant period, Heriberto clearly qualifies for constitutional protection, even assuming, as the majority does, he did not take steps to formalize his paternal relationship.

American Financial Services Ass'n v. City of Oakland

23 Cal. Rptr. 3d 453 · California Supreme Court · Jan 31, 2005

Past California cases establish that a general statewide statute will be held to preempt all local legislative measures only when the state legislation, explicitly or impliedly, “clearly indicates” that the Legislature intended … Ordinance would have significantly greater deterrence effect if borrowers were able to invoke the defense of predatory lending in a foreclosure or other enforcement action against the secondary buyers who otherwise might be immune

People v. Weaver

39 Cal. 3d 654 · California Supreme Court · Aug 22, 1985

hearing testimony at the subsequent trial on the underlying criminal charge ; it has no effect on the admissibility of evidence presented at the revocation hearing itself. (2b) The problem with the Huff court's reasoning is clearly … The majority never addressed the key argument that Coleman use immunity was no longer adequate to maintain the increased protection from pretrial prosecutorial discovery established in the post- Coleman cases.

Arriaga v. County of Alameda

9 Cal. 4th 1055 · California Supreme Court · Apr 24, 1995

Therefore, he qualified as an “ ‘employee,’ ” as that term must be understood “in light of ... the [Ajct’s purpose of protecting individuals from any special risks inherent in employment. . . .” (Id., at p. 782.) … To deny such a person the right to sue the public entity at law supports the sovereign immunity provisions of the California Tort Claims Act (Gov.

Kinsey v. Pac. Mut. Life Ins. Co. of California

178 Cal. 153 · California Supreme Court · Apr 15, 1918

While there was expert testimony to the effect that the appearance of the body of deceased was consistent with the fact that his death might have been due to other causes such as apoplexy or heart failure, it also clearly … tended to establish facts which indicated that his death was due to drowning, and the jury, whose province it was to determine the question upon such conflict of evidence, so found.

Estate of Keane

56 Cal. 407 · California Supreme Court · Jul 1, 1880

It is not, therefore, error to refuse letters of administration where there is already a duly appointed and qualified administrator. … establishes the fact.