Case law

Saunders v. Haynes

13 Cal. 145 · California Supreme Court · Jul 1, 1859

This language, it is true, is not as clearly expressive of the legislative intent to include the office of District Judge within its purview as might be wished. … But the prevailing opinion, English and American, of modern times, seems to be against the precedent established in that case. In the case of Whitman and Molony, (10 Cal.) Mr.

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.

People v. Velasquez

26 Cal. 3d 425 · California Supreme Court · Feb 1, 1980

Since no juror otherwise qualified was excluded because of his automatic opposition to the death penalty, defendant lacks standing to assert that a death-qualified jury is unrepresentative or biased on the issue of guilt. … The evidence thus established without contradiction that defendants were the two persons present at the murder scene. The evidence was in conflict, however, as to who actually shot Casas.

People v. Allen

23 Cal. 3d 286 · California Supreme Court · Feb 13, 1979

As we shall explain, under the guidelines articulated in Wheeler defendants in the instant case clearly established a prima facie case that the prosecution was exercising its peremptory challenges in an unconstitutional fashion … As we explain, under the circumstances of this case our holding in Wheeler clearly dictates a reversal of the convictions.

Phonetele, Inc. v. Public Utilities Commission

11 Cal. 3d 125 · California Supreme Court · Apr 8, 1974

Therefore, it was concluded, the Phonemaster qualified for connection to the telephone system without the required addition of General’s connecting device. … Apparently the establishment of such a program involves a considerable delay.

Rossi v. Brown

9 Cal. 4th 688 · California Supreme Court · Mar 6, 1995

IV, § 1), the once-a-decade rule had already been clearly established. … The Constitution clearly prohibits such a referendum.

People v. Phillips

64 Cal. 2d 574 · California Supreme Court · May 23, 1966

We find no merit whatsoever in defendant’s contention that the prosecution’s expert witnesses were not qualified to testify as to their opinions *579 that surgery on the 21st of July would have prolonged Linda’s life. … Proof that defendant entertained such a belief would only establish a defense to murder.

Sinz v. Owens

33 Cal. 2d 749 · California Supreme Court · Apr 20, 1949

Morrison was not qualified to testify as to the standards of medical practice in Lodi. … The trial court’s ruling in striking such testimony from the record was properly sustained, the witness being clearly incompetent to establish the general degree of care under circumstances similar to those at the time of

City of Stockton v. Superior Court

42 Cal. 4th 730 · California Supreme Court · Dec 3, 2007

Thus, it does not establish even a colorable estoppel claim. 10 Civic’s principal waiver argument is equally defective. … Superior Court, the parties do not question the propriety of writ review, and it was clearly appropriate here. (San Diego Gas & Electric Co. v. Superior Court, supra, 13 Cal.4th at p. 913 .)

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.

In Re Estate of Hartman

157 Cal. 206 · California Supreme Court · Jan 24, 1910

The evidence of the relationship of Annie Hartman Burns was clearly sufficient to identify her as the niece of the testator. … It is therefore a declaration upon which Doe’s son is qualified to speak.

Ezekial v. Winkley

20 Cal. 3d 267 · California Supreme Court · Dec 9, 1977

Prior to Marinship, however, it was established that one may not be expelled from membership in a private association without charges, notice and hearing. … Defendants have clearly abandoned their opposition to the contractual claims before this court, however, and we therefore deem it unnecessary to address the issue.

Fox v. Ehrmantraut

28 Cal. 3d 127 · California Supreme Court · Sep 4, 1980

The stock was never qualified for public sale. … However, the record does not establish the claimed insolvency.

People v. Cox

76 Cal. 281 · California Supreme Court · May 25, 1888

Here the bill of exceptions does not contain the language of the judge (not phonographically reported), but the certified bill of exceptions shows that the language did not affect nor in any way qualify the charge which was … Appellant also contends “the instruction in chief, by which the jury may have understood that proof of the killing, without proof of express malice, was sufficient to establish the homicide to be murder in the first degree

People v. Helm

152 Cal. 532 · California Supreme Court · Dec 10, 1907

This juror was clearly disqualified, unless he came within the provisions of the aforesaid section. … This court said: “The ruling in disallowing the defendant’s challenge to the proposed juror . . . was clearly erroneous.

Philbrook v. Newman

148 Cal. 172 · California Supreme Court · Oct 28, 1905

This is clearly not the law. … manner whatever, and that it is not subject to direct *175 attack by appeal, motion, or bill of review, except in the manner and within the time prescribed and allowed by law, is too well settled to require discussion to establish

Parker v. Otis

130 Cal. 322 · California Supreme Court · Oct 27, 1900

Defendants contend that our constitutional provision is in conflict with section 1 of the fourteenth amendment to the federal constitution, in abridging the privileges and immunities of citizens of the United States and depriving … Rights of property, like all other social and conventional rights, are subject to such reasonable limitations in their enjoyment as shall prevent them from being injurious, and to such reasonable restraints and regulations established

MacKinnon v. Truck Insurance Exchange

3 Cal. Rptr. 3d 228 · California Supreme Court · Sep 17, 2003

the Qualified Exclusion in favor of coverage. … Zurich Insurance Co., supra, 65 Cal.2d at pp. 272-273.) 4 The burden is on the insured to establish that the claim is within the basic scope of coverage and on the insurer to establish that the claim is specifically excluded

Lacy v. Richmond Unified School District

13 Cal. 3d 469 · California Supreme Court · Feb 7, 1975

These and other similar provisions of section 13448 were clearly designed for terminated, rather than reassigned, permanent employees. … Lacy also contends that the extension of reappointment rights to persons terminated because they are qualified solely as counselors, in contrast to the lack of similar rights for reassigned employees qualified as counselors

People v. Bradbury

155 Cal. 808 · California Supreme Court · Jun 30, 1909

Holland, who was then and there the duly appointed, qualified and acting deputy clerk of the superior court of the county of Marin, state of California.” … This evidence was clearly sufficient to support the charge that the defendant told the bank. The judgment-roll in McGue v.