Case law

Fratt v. Woodward

32 Cal. 219 · California Supreme Court · Jul 1, 1867

Where such is the case, instead of meaning “ due east ” it means precisely what the qualifying word makes it mean. … That they intended the latter alternative is clearly manifested by the langu(||t which they employed.

Artukovich v. Astendorf

21 Cal. 2d 329 · California Supreme Court · Dec 3, 1942

The principles set forth in these authorities are well established and clearly indicate that plaintiff’s contentions cannot be sustained. … Code, §41) nor does it make him immune from punishment for his criminal acts (Pen. Code, § 26).

Polack v. Mansfield

44 Cal. 36 · California Supreme Court · Jul 1, 1872

made that the action could not be maintained against a military officer of the Federal Government occupying in that character, the Supreme Court of Illinois said: “The defense is not tolerated for a moment; such an act was clearly … though frequent allusion is made to the character in in which the defendant occupied the premises, there is found *42 no intimation that the nature, of his occupation, or the character of his possession afforded him any immunity

Estate of Blake

136 Cal. 306 · California Supreme Court · Apr 28, 1902

Such an expert must, of course, be qualified according to law. A mere opportunity afforded for observation will not constitute a person an expert. … The case is clearly distinguishable from this. The jury were not told that the evidence was “unreliable,” nor that it *312 was 1 ‘unsatisfactory,’’ nor that “it was not entitled to as much weight as facts.”

Bauer v. County of Ventura

45 Cal. 2d 276 · California Supreme Court · Oct 21, 1955

The effect of section 14 is to waive the immunity of the state where property is taken or damaged for public purposes. … It is well established that the diversion of water from its natural course resulting in damage to adjacent property is actionable. (Clement v. State Reclamation Board, supra, 35 Cal.2d 628 ; House v.

People v. Bruggy

93 Cal. 476 · California Supreme Court · Feb 23, 1892

The instruction is clearly and entirely correct, and the principle of law as announced by appellant has no support in authority. … Here the right of the defendant to act upon appearances was fully and clearly stated.”

People v. Lopez

261 Cal. Rptr. 3d 759 · California Supreme Court · Apr 30, 2020

and has another qualifying prior conviction as specified in that section. … (See, e.g., suffered a qualifying prior theft conviction and served a qualifying prior prison term, because such allegations would be relevant only to the uncharged section 666 petty theft with priors offense.

Duff v. Fisher

15 Cal. 375 · California Supreme Court · Jul 1, 1860

This general discretion to disregard the findings may be qualified and controlled by statute, *380 “and in nearly all the States,” observes the learned editor of the American edition of Adams’ Equity, “it is at least very … As, in the case at bar, no objection was interposed to the findings of the jury, they must be taken as established facts to support the decree. The decision of this Court in Walker v.

Moradi-Shalal v. Fireman's Fund Ins. Companies

46 Cal. 3d 287 · California Supreme Court · Aug 18, 1988

The majority have now replaced Royal Globe with a “Royal *314 Bonanza” for insurance carriers, i.e., total immunity for unfair and deceptive practices committed on innocent claimants. … The court relied on section 790.09, which clearly declares that no cease and desist order absolves an insurance carrier from civil liability.

Taylor v. McCowen

154 Cal. 798 · California Supreme Court · Dec 24, 1908

A decree of distribution is no more immune against explanation of a latent ambiguity than is a will, and the same rule which the court, in the case cited, applied to an ambiguous will is applicable, under like circumstances … This evidence was clearly sufficient to show that the person intended by the decree was the same person as that intended by the will, and that this person was no other than Albion C. Taylor, the plaintiff’s intestate.

Harpending v. Haight

39 Cal. 189 · California Supreme Court · Jul 1, 1870

The functions of both the Legislature in making the law, and of the Executive in the exercise of the qualified veto power conferred upon him, must have been completely exhausted before the duty of authentication and deposit … language of a late commentator upon the law of mandamus, “the better doctrine seems to be that the Governor is not an exception to the general rule, that all public officers may by mandamus be compelled to perform an act clearly

People v. Stanford

16 Cal. 2d 247 · California Supreme Court · Oct 1, 1940

Stevens applied for letters testamentary of her deceased husband’s estate and was appointed and qualified as executrix. … In the present case, the evidence, as already stated, established clearly the commission of separate offenses by distinct appropriations of different sums of money on separate occasions. The rule of People v.

L.A. Police Protective League v. City of L.A.

California Supreme Court · Nov 10, 2025

Those factors are clearly implicated here. … The parties do not dispute that the statute, which makes it a crime to file a knowingly false “allegation” of police misconduct and compels complainants to basis of qualified immunity.

People v. Lynch

51 Cal. 15 · California Supreme Court · Jul 1, 1875

Such a statute, if prospective, would undoubtedly be invalid, as clearly a violation of principles recognized and established by the Constitution of the State. II. … But we should see if the meaning of any one clause is qualified or illustrated by other clauses.

Rice v. McClellan

202 Cal. 650 · California Supreme Court · Dec 16, 1927

The petitioners, who allege that they are “the duly appointed, confirmed, qualified and acting members of the board of trustees of the La B aliona High School District, formerly Union High School District,” have instituted … It was there said that the sections of the code “do not expressly provide that such school shall be within the district but such is clearly the implication.”

Berry v. Woodburn

107 Cal. 504 · California Supreme Court · Jun 27, 1895

Plaintiff declares the appeal to be from a judgment establishing a trust estate in a mine upon full performance of a verbal contract. … Clearly such ventures were joint in their character, and all valuable discoveries would inure to the equal benefit of both.

Jacobson v. Pope & Talbot

214 Cal. 758 · California Supreme Court · Feb 1, 1932

It only attaches certain privileges and immunities to such title as may be held at the time the declaration becomes effective. … It should not be invoked for the purpose of establishing a new application and interpretation of a statute, contrary to its true meaning and in the face of a long-established understanding and usage based on its true meaning

West Publishing Co. v. McColgan

27 Cal. 2d 705 · California Supreme Court · Feb 27, 1946

It has not qualified to do intrastate business in California. [1a] During 1937, 1938 and 1939 it shipped books and other publications into this state pursuant to orders taken here by its employees. … The activities which establish its 'presence' subject it alike to taxation by the state and to suit to recover the tax." The judgment is affirmed.

Barrows v. Municipal Court

1 Cal. 3d 821 · California Supreme Court · Jan 30, 1970

Under this definition, as elaborated in subsequent cases, three elements must coalesce: it must be established that (a) the dominant theme of the material taken as a whole appeals to a prurient interest in sex; (b) the material … thereby” was omitted from section 311.6 does not show a legislative intent to exclude conduct that occurs in a theater, since the prohibitions of that section apply where the conduct occurs “in any public place” and a theater clearly

The Atkins Corporation v. Tourny

6 Cal. 2d 206 · California Supreme Court · Apr 30, 1936

Undoubtedly the intervener established a strong' prima facie case on the incompetency issue. … Cases of fraud are exceptions to the general rule that other offenses of the accused are not relevant to establish the main charge.