Case law

Pauly v. King

44 Cal. 2d 649 · California Supreme Court · Jun 10, 1955

Another witness, a structural engineer who qualified as an expert, stated that this order of construction is necessary under existing city ordinances to allow compliance with the requirements for building inspection. … Even if the evidence conclusively established a custom and usage of roofers to stand upon all parts of the flashing, Pauly would not be entitled to rely upon it unless to do so is consonant with due care. (Cf. Polk v.

Lennane v. Franchise Tax Board

9 Cal. 4th 263 · California Supreme Court · Dec 28, 1994

Because the stock must be counted under either subdivision (a) or subdivision (b), and because it clearly cannot be counted under subdivision (b), the FTB insists that it must be counted under subdivision (a) as something … This act does not establish rules for the construction of tax statutes, and we place no reliance on it for our holding in this case, but we note in passing that construing unambiguous language in tax statutes according to

Wilson v. Parker, Covert & Chidester

123 Cal. Rptr. 2d 19 · California Supreme Court · Aug 1, 2002

(Id. at p. 1080.) 4 The same result has been held to follow under the federal Noerr-Pennington doctrine, 5 which immunizes plaintiffs from counterclaims for, e.g., violation of antitrust law, based merely on having initiated … This determination establishes probable cause to bring the claim, for such an action clearly is not one that “ ‘any reasonable attorney would agree ... is totally and completely without merit.’ ” (Sheldon Appel, supra, 47

Kunz v. Anglo & London Paris National Bank

214 Cal. 341 · California Supreme Court · Nov 25, 1931

The very authorities cited by the appellant establish the fallacy of his argument in this regard. … To admit the parol proof offered by the appellant would be to destroy an “expressed equity’* and make absolute what was intended to be merely tentative and qualified.

Galland v. City of Clovis

103 Cal. Rptr. 2d 711 · California Supreme Court · Mar 21, 2001

Only those government actions that amount to a deliberate flouting of the law qualify for relief under section 1983 ( Silverman v. … Nor, unlike the building permit cases cited above, is it clear from the record that Clovis abused its authority by refusing to fulfill a clearly established, nondiscretionary duty toward the Gallands.

Collins v. Rocha

7 Cal. 3d 232 · California Supreme Court · May 22, 1972

Defendant had hired the 44 plaintiffs in Los Angeles and transported them, nearly 400 miles with the undisclosed plan of discharging all but the best qualified. … If these allegations are established by evidence at trial, there would be no rational doubt as to the reason underlying the discharge of each class member.

Western Steamship Lines v. San Pedro Peninsula Hosp.

8 Cal. 4th 100 · California Supreme Court · Jul 28, 1994

Nevertheless, the restitutionary nature of indemnification clearly emerged as a common thread. … Section 3333.1 clearly evidences legislative concern to foreclose possible circumvention of MICRA's intended restrictions on liability for malpractice damages.

Laird v. Blacker

2 Cal. 4th 606 · California Supreme Court · May 7, 1992

For example, “Bell’s cause of action accrued when the trial court denied his motion to join his claim with his wife’s, not when that decision was immune from challenge by way of motion for reconsideration or appeal. … The present matter clearly falls within such exception, for the fact of adverse judgment is provable notwithstanding the filing of a subsequent appeal. 2.

Martin Ship Service Co. v. City of LA

34 Cal. 2d 793 · California Supreme Court · Feb 28, 1950

Mealey, 334 U.S. 653 [ 68 S.Ct. 1260 , 92 L.Ed. 1633 ], the city may clearly tax plaintiffs' local activities and the gross receipts therefrom. In Memphis Natural Gas Co. v. … Interstate Oil Pipe Line Company, a foreign corporation qualified to do business in Mississippi, owned and operated pipe lines for the transmission of oil from Mississippi oil fields to loading racks within the state for

Natural Milk Producers Ass'n v. City & County of San Francisco

20 Cal. 2d 101 · California Supreme Court · Apr 2, 1942

That requirement is clearly an additional regulation relating to the sale and distribution of milk inasmuch as the Agricultural Code provides for the sale of guaranteed raw milk and grade A raw milk. (Agri. … Certified milk has long been established as milk in which especial precautions are taken to insure absence of disease and contamination, and the supervision is by especially qualified experts.

Societa Per Azioni De Navigazione Italia v. City of Los Angeles

31 Cal. 3d 446 · California Supreme Court · May 24, 1982

The City maintains a staff of local pilots qualified to perform this service in the Port of Los Angeles. The City hires, fires, trains, supervises, and pays these pilots who are civil service employees. … Thus, the act expressly denies the public entity the power to enact an ordinance abridging its statutory liabilities or expanding its statutory immunities.

Union Oil Co. v. Stewart

158 Cal. 149 · California Supreme Court · Jul 19, 1910

But the language of these decisions is carefully qualified by the phrases we have stated above. In Bank v. … But property so acquired and held in ownership would clearly be included in the term “accumulations.”

People v. Henderson

California Supreme Court · Feb 2, 2023

Offenses arise “from the same set of operative facts” when they “shar[e] common acts or criminal conduct that serves to establish the elements of the current felony offenses of which defendant stands convicted.” (Ibid.) … Had the drafters intended to change sentencing discretion in the same occasion/operative facts context, the drafters were clearly aware of how to make that intent clear.

People v. Cornwell

33 Cal. Rptr. 3d 1 · California Supreme Court · Aug 18, 2005

The high court vacated the judgment and remanded the case to the trial court to determine whether an actual conflict existed, without clearly referring to any adverse effect on counsel’s performance. … On redirect examination, Johnson explained that the grant of immunity followed his admission to law enforcement authorities that he had provided defendant with a weapon.

People v. Kendrick

56 Cal. 2d 71 · California Supreme Court · Jun 8, 1961

evidence tends “logically, naturally, and by reasonable inference, to establish any fact material for the people, or to overcome any material matter sought to be proved by the defense.” … Defendant was fairly tried and his guilt was clearly established. The judgment and order appealed from are affirmed. Gibson, C. J., Traynor, J., Schauer, J., McComb, J., Peters, J., and White, J., concurred.

Lewis v. Ogram

149 Cal. 505 · California Supreme Court · Jul 30, 1906

The facts found clearly show that the agreement in question, although in terms purporting only to fix the division line, could have had no other object or purpose than to operate upon the title or right of possession of the … But he did not see fit to do this, and when the time within which he could have done so expired, Ogram, or any other qualified person, was at liberty to enter it.

People v. Scoggins

37 Cal. 676 · California Supreme Court · Jul 1, 1869

If the threats of the deceased had been communicated to the defendant before the killing, the evidence would have been clearly competent. … still in some degree, toward the conclusion proposed to be established.

Arnold v. Sullenger

200 Cal. 632 · California Supreme Court · Mar 5, 1927

When he qualified, in January, 1919, Contra Costa County was a county of the sixteenth class, and under subdivision 12 of section 4245 of the Political Code (Stats. 1917, p. 978) his salary was fixed at $3,250 per annum. … An examination of the cases in this state, and particularly those above cited, clearly indicates that the word “regulate” *636 has always been deemed to mean “to fix” or “to establish,” and no other signification may now

People v. Coronado

12 Cal. 4th 145 · California Supreme Court · Dec 21, 1995

Baird (1995) 12 Cal.4th 126 [ 48 Cal.Rptr.2d 65 , 906 P.2d 1220 ], we conclude that when a *149 prior felony conviction is used to establish the ex-felon element of a charge under section 12021 of the Penal Code 1 (ex-felon … Clearly not. Among other things, punishment may be imposed under section 667.5(b) only where the defendant has been previously convicted of a felony and has served a prison term therefor.

In Re Marriage of Fithian

10 Cal. 3d 592 · California Supreme Court · Jan 3, 1974

questions of property law involving a conflict between a state decision and a valid federal statute, the United States Supreme Court has determined that the supremacy clause requires the state law to yield no matter how clearly … Nevertheless we are asked to measure the property involved herein against a five-part Wissner “test” which purportedly determines whether Congress intended a federally created property right to be immune from community property