Case law

People v. Sternberg

111 Cal. 3 · California Supreme Court · Jan 13, 1896

It affords to one testifying immunity from prosecution or punishment for the oifense with reference to which his testimony was given. In Stilwell v. … That-Newman and Lust were not accomplices has already been said, but, besides, there is no evidence in the record which tends in any way to establish their complicity in the Gutman crime.

In Re Marriage Cases

43 Cal. 4th 757 · California Supreme Court · May 15, 2008

I would avoid these difficulties by confirming clearly that there is no constitutional right to same-sex marriage. … Either way, as the majority clearly holds, Family Code section 308.5 must be struck down. (Maj. opn., ante, at pp. 856-857.)

Rose v. State of California

19 Cal. 2d 713 · California Supreme Court · Mar 4, 1942

Immunity from suit cannot avail in this instance, and, if no statute exists, liability still exists, because as to this provision the Constitutions are self-executing. … While it is true that the seeming absolute protection against the taking or damaging of private property for public use provided for in section 14 of article I of our Constitution may be qualified by the police power in the

Gibson v. Mitchell

9 Cal. 2d 718 · California Supreme Court · Oct 19, 1937

electors residing in the Tustin Union High School District and two-thirds of the qualified electors residing in the Laguna School District of Orange County, requesting that an order be made for the exclusion of said Laguna … This argument is not tenable by reason of the fact that it clearly appears that the order of lapsation, based on section 2.400 of the School Code, was prematurely made and, therefore, invalid.

Lake v. Superior Court

165 Cal. 182 · California Supreme Court · Mar 22, 1913

The relief sought was a decree establishing that Mary A. … Davis, 143 Cal. 673 , [ 77 Pac. 651 ], that judgment was immune from collateral attack under the doctrine of res adjudícala, and that therefore all that the injunctive decree in Lake v.

Agins v. City of Tiburon

24 Cal. 3d 266 · California Supreme Court · Mar 14, 1979

Such legislation is an invalid exercise of the police power since it is clearly unreasonable and arbitrary. … The Supreme Court answered by holding a cause of action was properly alleged, and that the interstate agency was neither federal in character nor immune, although individual agency members were immune.

Burke v. Maguire

154 Cal. 456 · California Supreme Court · Apr 28, 1908

The trustees were to qualify by giving bonds. … The demand is clearly founded upon contract.

Platt v. City and County of San Francisco

158 Cal. 74 · California Supreme Court · Jun 25, 1910

A charter so framed must be submitted to the qualified electors for approval. If approved by the electors it must be submitted to the legislature of the state for approval or rejection as a whole. … It is urged that a sale or lease might be made upon such terms and under such circumstances as to constitute a lending of public credit, or a conferring of special privileges and immunities upon a private individual or corporation

Reynolds Metals Co. v. Alperson

25 Cal. 3d 124 · California Supreme Court · Aug 31, 1979

All expenses incurred with respect to the alter ego issue—common to both the note and the general line consignment agreement—qualify for award. … As we have seen, the section establishes a reciprocal right to attorney’s fees, and the statutory right should be no greater than the contractual right.

Quigg v. Evans

121 Cal. 546 · California Supreme Court · Jul 28, 1898

The language of the law does not distinctly so declare, but we think it clearly inferable that such was the intent of the law. … Section 2569 confers even broader powers and clearly gives the board jurisdiction beyond the city limits of Eureka.

In Re the Estate of Mitchell

160 Cal. 618 · California Supreme Court · Aug 30, 1911

Gries, 141 Cal. 295 , [ 74 Pac. 846 ], and certain principles governing such cases were thereby established. … The provisions as a whole are utterly inconsistent with an intent to qualify the estate given to the daughter, or to impose any charge thereon in the nature of a trust.

Geibel v. State Bar

14 Cal. 2d 144 · California Supreme Court · Aug 7, 1939

The most the petitioners could claim would be a remand to the board for a new recommendation by qualified members. … This contention, if established, would not invalidate the proceedings before the local committee.

People v. Bollinger

196 Cal. 191 · California Supreme Court · May 26, 1925

It is clearly an instruction as to how the punishment determined by the jury shall be expressed— not what the punishment shall be. … “The instructions of the judge to the jury, in each of the three cases now before this court, clearly gave the jury to understand that the act of Congress did not intend or authorize the jury to qualify their verdict by the

Kash Enterprises, Inc. v. City of Los Angeles

19 Cal. 3d 294 · California Supreme Court · Apr 15, 1977

It is a widely used and well understood word and clearly so when juxtaposed with ‘obstruct’ and ‘interfere.’ We conclude that the statute clearly and precisely delineates its reach in words of common understanding.” … Appellate Department (1971) 5 Cal.3d 536, 552 [ 96 Cal.Rptr. 709 , 488 P.2d 13 ]); a newsrack clearly falls within this categoiy.

Corwin v. Los Angeles Newspaper Service Bureau, Inc.

4 Cal. 3d 842 · California Supreme Court · May 17, 1971

We have summarized on a number of occasions the well-established rules governing summary judgment procedure. (Code Civ. Proc., § 437c.) … In addition, Statewide’s declaration in opposition clearly raises triable issues of fact.

People v. Rodriguez

55 Cal. 4th 1125 · California Supreme Court · Dec 27, 2012

felonious conduct that is willfully promoted, furthered, or assisted need not be gang related (Albillar, supra, 51 Cal.4th at p. 55 ), it appears the Legislature purposefully used the phrase “by members of that gang” to qualify … , Scales stated, “we can perceive no reason why one who actively and knowingly works in the ranks of that organization, intending to contribute to the success of those specifically illegal activities, should be any more immune

Zander v. Coe

5 Cal. 230 · California Supreme Court · Jul 1, 1855

The sixth article of the Constitution seems to have been drawn with great care and skill, and, as far as possible in an organic law, endeavors to establish a complete judicial system. … Does not the fact that such safeguards are thrown around the independence of the other Courts, clearly show that the powers conferred on such Courts, thus carefully protected, should not be exercised by other tribunals; for

De Merritt v. Weldon

154 Cal. 545 · California Supreme Court · Nov 20, 1908

It was one clearly within the power of the trustees to enact under their general power to appoint “such police and other subordinate officers as in their judgment may be required,” and with the single exception of the duty … by the trustees, but none had been established; and he was required to collect all town taxes and town licenses.

Harris v. Superior Court

53 Cal. 4th 170 · California Supreme Court · Dec 29, 2011

Work qualifies as ―directly related‖ if it satisfies two components. First, it must be qualitatively administrative. … example of an employee whose work may be important to the welfare of the business is a buyer of a particular article or equipment in an industrial plant or personnel commonly called assistant buyers in retail or service establishments

People v. Luis

158 Cal. 185 · California Supreme Court · Aug 11, 1910

The evidence given was clearly sufficient to support the conclusion of the trial court in admitting evidence as to the statement itself. … That it was not to be con *197 sidered by them for any purpose they were clearly instructed by the court.