Case law

People v. Equarte

42 Cal. 3d 456 · California Supreme Court · Aug 21, 1986

With respect to the count on which he was convicted, the jury found that the great bodily injury allegation had not been established. … since the evidence at trial clearly demonstrated that there had been no accomplice in this case.

Chamberlain v. Southern California Edison Co.

167 Cal. 500 · California Supreme Court · Mar 26, 1914

To hold otherwise would be to give to an artificial person immunity not enjoyed by a natural one. A corporation acts through its officers and servants. … established in favor of plaintiff.

People Ex Rel. Skelly v. City of Glendale

40 Cal. 2d 732 · California Supreme Court · Apr 24, 1953

Moreover, speculation that the statute might have been framed more clearly to state the defendant's position is not significant in view of suppositions that the plaintiff's position could *735 have been more clearly stated … Under these circumstances the court in each case took the view that the day of publication established the beginning of the week. But in the present case section 35123 establishes the particular weeks.

Action Apartment Ass'n v. City of Santa Monica

41 Cal. 4th 1232 · California Supreme Court · Aug 2, 2007

, except in specified situations, ‘establish the initial rental rate for a dwelling or unit.’ … We contemplate no communication that is more clearly protected by the litigation privilege than the filing of a legal action.

Otto v. Union National Bank

38 Cal. 2d 233 · California Supreme Court · Dec 21, 1951

Clearly, that modification of the otherwise valid gift is verbally separable from the prior absolute gift and can be eliminated without destroying the main intent of the trustor. … The qualifying clause of the trust instrument did not create the future interest.

Williams v. City of Los Angeles

47 Cal. 3d 195 · California Supreme Court · Nov 17, 1988

The investigation ultimately revealed that the officers typically arranged their arrests in advance with bookmakers, who cooperated with the officers in return for a promise of immunity from arrest for a subsequent period … “As a matter of constitutional law, it is well established that a public employee has no absolute right to refuse to answer potentially incriminating questions posed by his employer.

Johnson v. Bradley

4 Cal. 4th 389 · California Supreme Court · Dec 24, 1992

Subdivision B of charter section 313 provides for establishment of spending limitations and disbursement of matching funds. … In conclusion, we reject petitioners’ attempt to establish a statewide concern by pointing to: (i) the drafters’ and voters’ intent to establish a uniform rule pertaining to the financing of election campaigns; (ii) the asserted

Reynolds v. Churchill Co.

187 Cal. 543 · California Supreme Court · Dec 13, 1921

It does, however, take the stand that the land is, in fact, sovereign land of the state, and in this, we think, it is clearly right. . . . … to be qualified and having the prior claim is entitled to purchase.

Harlow v. Carleson

16 Cal. 3d 731 · California Supreme Court · Apr 26, 1976

Respondent asserts in reply that even if substantial evidence did exist, the proper standard of judicial review was the independent judgment standard, and that under this standard, the trial court clearly would have reversed … Code of Civil Procedure section 1094.5, authorizing judicial review of administrative orders or decisions, establishes two different standards of review.

People v. Dodge

30 Cal. 448 · California Supreme Court · Oct 15, 1866

.: The defendant asked the Court to give the jury the following instruction : “ That the defendant is not required to prove where he was or how he was engaged when Mark Hammock was killed ; but the prosecution must establish … Not a word was omitted, and the addition made by the Court did not in any respect change the meaning or modify or qualify the sense of that which preceded, but only stated a further principle pertinent to the case, and germane

McHugh v. Protective Life Ins. Co.

12 Cal. 5th 213 · California Supreme Court · Aug 30, 2021

Taken together, the arguments offered fall short of clearly showing how the sections’ new protections constituted a disruptive contract change of the sort that would qualify as “retroactive” under our precedent. … Those provisions clearly establish that life insurance policies must have a 60-day grace period before they can be terminated for a premium lapse, and that insurers cannot terminate policies for a premium lapse until they

Denninger v. Recorder's Court of Pomona

145 Cal. 629 · California Supreme Court · Dec 31, 1904

In this instance we see nothing savoring of abuse in the provisions of the ordinance establishing the maximum rate. … Code, sec. 70),. an offense clearly within the police power of the state. The-ordinance, we conclude, is in no respect invalid.

Greater Westchester Homeowners Ass'n v. City of Los Angeles

26 Cal. 3d 86 · California Supreme Court · Dec 14, 1979

To the contrary, we hold that no such immunity derives from section 3482 or any other related federal or state statute. … Attorney’s fees are clearly recoverable and appropriate with respect to inverse condemnation. (Id., § 1036 (former § 1246.3).)

Houghton v. Austin

47 Cal. 646 · California Supreme Court · Jul 1, 1874

The right to establish municipal or local organizations would exist were the constitution silent on the subject. … So clearly does an examination of the question establish that the provision of the Constitution was understood by those who framed it, as placing the power of assessment in officers chosen by local constituencies, that counsel

Mills v. Superior Court

42 Cal. 3d 951 · California Supreme Court · Dec 11, 1986

We may not, however, insert qualifying provisions not included or rewrite the statute to conform to an inferred intention that does not appear from its language. (See Solberg v. … Its failure to similarly qualify “reasonable efforts” in this statute suggests that the Legislature intended something less than resort to compulsory process.

People v. Garcia

87 Cal. Rptr. 2d 114 · California Supreme Court · Jul 29, 1999

may so qualify. … Under paragraphs (1) and (2) of section 667(d), the qualifying offenses are identified by reference to established external standards.

In Re Marriage of Goddard

14 Cal. Rptr. 3d 50 · California Supreme Court · Jun 7, 2004

Once a court has established its power to hear a case, it may make errors with respect to areas of procedure, pleading, evidence, and substantive law. (2 Witkin, Cal. … of jurisdiction: "[C]onvicting an unrepresented accused or prosecuting a person who has been granted immunity from such prosecution. ( People v.

Comden v. Superior Court

20 Cal. 3d 906 · California Supreme Court · Apr 11, 1978

Attorney Greene’s declaration was to the effect he had heard statements which, if true, establish a breach of contract by DDDC. … Although the court in Miller determined that delaying a withdrawal decision would not under the circumstances in that case prejudice any party, the court’s contrary conclusion here was clearly within the scope of its discretion

Vargas v. City of Salinas

46 Cal. 4th 1 · California Supreme Court · Apr 20, 2009

failed to meet their resultant burden of establishing a prima facie case that defendants’ actions were unlawful. … identified ballot measure, or the election or defeat of a clearly identified candidate, by the voters.

Louis Stores, Inc. v. Department of Alcoholic Beverage Control

57 Cal. 2d 749 · California Supreme Court · May 29, 1962

ought to apply to any set of rules concerning application of res judicata to administrative determinations,” that the doctrine is weaker as to questions of law than as applied to questions of fact, and that it should be “qualified … Section 23779 is a part of the general system of liquor regulation, which includes the establishment of orderly marketing conditions. (Allied Properties v.