Case law

Hollywood Cemetery Assn. v. Powell

210 Cal. 121 · California Supreme Court · Jul 31, 1930

But the record does not establish that these two earlier maps showed such separation and dedication as, it is contended, is. shpwn in the latest map filed in 1921, but after the Curative Act. … We are of the. opinion that an exemption from local assessments cannot be ■ implied from a mere immunity from . the. procedure of enforcement, which immunity is not even declared in the taxing ■ statute.

People v. Carmony

33 Cal. 4th 367 · California Supreme Court · Jul 8, 2004

We have previously concluded that a court’s decision to strike a qualifying prior conviction is discretionary. (See Romero, supra, 13 Cal.4th at p. 530 .) … First, “ ‘[t]he burden is on the party attacking the sentence to clearly show that the sentencing decision was irrational or arbitrary. [Citation.]

People ex rel. Daniels v. Henshaw

76 Cal. 436 · California Supreme Court · Jun 7, 1888

That within the time prescribed by law, he took the oath of office, and duly qualified as required by law. “3. That he is eligible, qualified, and competent to discharge and perform the duties of the office. *438 “4. … be considered according to what appears to have been the intention of the legislature, and even though the statutes relating to the same subject be not in terms repugnant or inconsistent, *442 if the latter statute was clearly

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.

Shealor v. City of Lodi

23 Cal. 2d 647 · California Supreme Court · Feb 1, 1944

Section 3 states that “said board shall upon the application [of a qualified policeman] order and direct that such person ... be retired from further service in such police department, . . . and such person so retired shall … Another established rule of statutory construction leads to the same conclusion.

Biddel v. Brizzolara

56 Cal. 374 · California Supreme Court · Jul 1, 1880

both in England and in this country, clearly is: 1. … That if the acknowledgment be accompanied by such qualifying expressions or circumstances as repel the idea of an intention or contract to pay, no implied promise is created.

Los Angeles County Transportation Commission v. Richmond

31 Cal. 3d 197 · California Supreme Court · Apr 30, 1982

But this broad definition has been qualified by statute in various contexts. (See, e.g., Gov. Code, §§ 53950, 54775, subd. (n).) … To the extent section 4 clearly requires a particular entity to obtain the consent of two-thirds of the voters, it affords the “effective” property tax relief we discussed in Amador.

Rusheen v. Cohen

39 Cal. Rptr. 3d 516 · California Supreme Court · Feb 23, 2006

This includes qualifying acts committed by attorneys in representing clients in litigation. (See, e.g., Chavez v. Mendoza (2001) 94 Cal.App.4th 1083, 1086 , 114 Cal.Rptr.2d 825 ; Dowling v. … Thus, "communications with `some relation' to judicial proceedings" are "absolutely immune from tort liability" by the litigation privilege ( Rubin v.

People v. Turville

51 Cal. 2d 620 · California Supreme Court · Feb 18, 1959

The testimony presented to the jury, including that of defendant Turville, the only defendant to testify, clearly established that there was no evidence requiring such ati instruction. … Mitchell was admissible, since its voluntariness was properly established.

Leal v. Holy Spirit Ass'n for Unification of World Christianity

46 Cal. 3d 1092 · California Supreme Court · Oct 17, 1988

If the answer is affirmative, they urge, they have established justifiable reliance. … Sullivan (1964) 376 U.S. 254, 265 [ 11 L.Ed.2d 686, 697-698 , 84 S.Ct. 710 , 95 A.L.R.2d 1412 ]), religious groups are not immune from all tort liability.

Moore v. Panish

32 Cal. 3d 535 · California Supreme Court · Oct 18, 1982

Thus, a member who fails to qualify as a candidate for nomination to public office may nevertheless become a candidate for the party office. 14 As we do not find that section 9775 establishes an exception to section 6402, … Thus, despite the Attorney General opinions, the law has not been clearly established in respondent’s favor. Second, let us look at the legislative scheme.

Central Coast Forest Association v. Fish and Game Commission

214 Cal. Rptr. 3d 265 · California Supreme Court · Feb 27, 2017

Genetic analysis indicates that coho . . . south of San Francisco are clearly part of the large salmonid resources of the State of California. As such, they continue to warrant listing under CESA.” … As noted above, no provision of CESA directly establishes that the Commission may not base a decision to delist on new evidence showing that the listed species does not qualify for listing.

People v. Wharton

53 Cal. 3d 522 · California Supreme Court · Apr 29, 1991

The Perez brothers sold the car in Mexico but agreed to retrieve it and testify against defendant in exchange for a grant of immunity. … Hutcheson were qualifying psychotherapists (Evid. Code, § 1010), and that defendant was *552 their patient (id., § 1011).

Cass v. Hutton

155 Cal. 103 · California Supreme Court · Jan 5, 1909

He duly qualified as such administrator, and thereafter a suit was brought against him in his capacity of administrator of the estate of Mary A. Bragg, deceased, by F. O. … It does not need the citation of authorities to remind us of the well-established rule that an *106 order denying such a motion as the one here discussed will not be disturbed unless an abuse of discretion is clearly shown

Lukens v. Nye

156 Cal. 498 · California Supreme Court · Nov 22, 1909

The scheme of legislation provided in the constitution does not contemplate nor countenance such proceedings by the-governor, as a mode of qualifying or affecting the operation of a law. … The entire proceeding was clearly contrary to public policy. The agreement in question being wholly void, and also against public policy, it cannot be the foundation for an estoppel.

Lockyer v. City and County of San Francisco

17 Cal. Rptr. 3d 225 · California Supreme Court · Aug 12, 2004

Second, under federal *1098 law, a local public official generally is immunized from liability for official acts so long as the official’s conduct “does not violate clearly established statutory or constitutional rights of … Stroh (9th Cir. 2000) 205 F.3d 1146, 1160 [finding state officials were not entitled to qualified immunity when “no reasonable official could have believed” that application of the statute at issue was constitutional in light

Cel-Tech Communications, Inc. v. Los Angeles Cellular Telephone Co.

83 Cal. Rptr. 2d 548 · California Supreme Court · Apr 8, 1999

Sta-Hi Corp., supra, 63 Cal.2d 199 , did not clearly decide the question. … To forestall an action under the unfair competition law, another provision must actually “bar” the action or clearly permit the conduct.

Lonicki v. Sutter Health Central

74 Cal. Rptr. 3d 570 · California Supreme Court · Apr 7, 2008

Thus, according to defendant, plaintiff did not qualify for CFRA medical leave, and hence her discharge by defendant did not violate the CFRA. … of the CFRA, or if such a bar were contrary to some well-established public policy.

People v. Hanson

23 Cal. 4th 355 · California Supreme Court · Jun 19, 2000

Walker (1991) 54 Cal.3d 1013, 1024 [ 1 Cal.Rptr.2d 902 , 819 P.2d 861 ] [restitution fine “qualifies as punishment” for purpose of enforcing plea bargain]; People v. … The defendant receives no immunity from punishment; society is simply limited to exacting the penalty previously imposed.

People v. Bloyd

43 Cal. 3d 333 · California Supreme Court · Jan 2, 1987

Defendant complains that Robertson was not qualified to testify as to the trajectory of the bullet because he was not sufficiently qualified in the field of exterior ballistics. … Clearly, Robertson’s expertise was not merely based on observation. The court did not abuse its discretion in qualifying him. 5.