Case law

Hambleton v. Duhain

71 Cal. 136 · California Supreme Court · Sep 28, 1886

That on the twelfth day of May, 1884, defendants and each of them were qualified and competent to make homestead entries under the homestead laws of the United States; that on said date C. C. … “No right of preemption can be established by a settlement and improvement on a tract of public land when the claimant forcibly intruded upon the possession of one who had actually settled upon, improved, and inclosed the

People v. Garrison

47 Cal. 3d 746 · California Supreme Court · Jan 5, 1989

The fact that a witness has been held to answer for the same crimes as the defendant and then granted immunity does not necessarily establish that he or she is an accomplice. (Tewsksbury, supra, 15 Cal.3d at p. 960 .) … The record, however, clearly demonstrates that the instructions pertained to defendant’s potential liability as well.

Mosk v. Superior Court

25 Cal. 3d 474 · California Supreme Court · Oct 18, 1979

But a mere change in phraseology, incident to a revision of the Constitution or statute, does not result in a change of meaning unless the intent to make such a change clearly appears. (Hammond v. … No such purpose warrants deviation from the constitutional requirement of confidentiality established by the people of this state.

Price v. Atchison, T. & SF Railway Co.

42 Cal. 2d 577 · California Supreme Court · Mar 31, 1954

Otherwise the privileges and immunities clause of the Fourteenth Amendment is meaningless. … The very phraseology of the statute under which this motion is filed clearly demonstrates the logic of this conclusion.

City of Oceanside v. Moody

186 Cal. 643 · California Supreme Court · Aug 10, 1921

the same be done by will duly executed at least thirty days before the decease of the testator”; (2) That if valid in its creation, the trust was not effective or operative for any purpose until the city of Oceanside had qualified … This clearly indicates that it was not to be severed from the balance of the residuary estate left to the trustee, unless or until these conditions were met.

Forbes v. Hyde

31 Cal. 342 · California Supreme Court · Jul 1, 1866

These distinctions are clearly established by the authorities, and are well stated in Staples v. Fairchild, 3 Com. 46. Mr. … The Judge may have entire confidence in the ability of the affiant as a lawyer, and in his opinion upon a question of law, and the witness may be equally well qualified to determine the point; but the law does not permit

People v. Murphy

52 Cal. 4th 81 · California Supreme Court · Jul 7, 2011

Evidence presented at trial established that the car had not been stolen and that defendant had been driving the car herself when the accident occurred. … Parks, supra, 7 Cal.App.4th at p. 887 [“Whatever else may be meant by the word „instrument,‟ on these facts we find that protection of judicial and public records such as the documents in this case was clearly within the

Newland v. Board of Governors

19 Cal. 3d 705 · California Supreme Court · Jul 21, 1977

Defendant board, however, refused to issue the credential or to grant plaintiff a hearing at which he could prove his fitness to teach and thus qualify for a credential. … In sum, the chapter relating to certificates of rehabilitation forms a unified structure which clearly and unambiguously applies only to felons and not to misdemeanants.

People ex rel. Lynch v. Harrison

107 Cal. 541 · California Supreme Court · Jun 28, 1895

Upon this judgment-roll it therefore appears that the judgment of foreclosure rendered against Mullan was void, and this brings the *546 case directly in line with the principle of law so clearly and forcibly declared in … He was personally qualified to make the application and had the right to make it.

People v. Hathcock

8 Cal. 3d 599 · California Supreme Court · Jan 4, 1973

Although Kathryn had been given immunity against prosecution on the kidnaping and murder charges, she had no immunity against prosecution for perjury in connection with possibly false statements previously given under oath … Although this element of thé statement clearly was not proper as impeachment, defendant failed to object to its introduction.

Vista Verde Farms v. Agricultural Labor Relations Board

29 Cal. 3d 307 · California Supreme Court · Mar 20, 1981

Turning from the NLRA to the ALRA, the drafters of the California act clearly intended to establish a standard of employer responsibility which is at least as liberal as that applied under the federal act. … To begin with, for several reasons we find that the language in question clearly cannot properly be read as immunizing such misconduct of a labor contractor from any review or regulation under the act.

Ex parte Campbell

74 Cal. 20 · California Supreme Court · Oct 31, 1887

The right to sell intoxicating liquors is not one of the privileges and immunities of the citizen of the United States, which by that amendment the states were forbidden to abridge.” (Bartemeyer v. … Section 11, article 11, of the constitution, clearly subordinates the powers conferred upon counties, cities, towns, and townships to the general laws of the state.

People v. Eubanks

53 Cal. 4th 110 · California Supreme Court · Dec 19, 2011

. must be properly qualified . . . . … Gates (1987) 43 Cal.3d 1168, 1211 [“If the defense chooses to raise the subject, it cannot expect immunity from cross-examination on it.”].)

Mitchell v. Superior Court

37 Cal. 3d 268 · California Supreme Court · Nov 19, 1984

The Reader’s Digest article, and especially the earlier writings by the Mitchells, clearly relate to matters of public importance; they allege serious wrongdoing by a powerful private organization, and complicity by public … (For a listing as of 1980, see Comment, The Newsman’s Qualified Privilege: An Analytical Approach (1980) 16 Cal.

Estate of Thornton

1 Cal. 2d 1 · California Supreme Court · May 17, 1934

We then must consider whether separate property acquired by either *4 spouse in a common-law state can be converted to common property by the mere act of bringing it into a community property state and establishing a domicile … to abridge the privileges and immunities of the citizen.

In Re Farb

178 Cal. 592 · California Supreme Court · Jul 30, 1918

That the custom of tipping has in many communities grown into proportions that astonish and dismay the person of moderate wealth is undoubtedly true; and that in many establishments one seeking accommodation must either tip … It is also true that the constituional guaranty freely to make such agreements, while apparently absolute, is qualified by the legislative authority to enact proper laws under the police powers of the state.

People v. Gonzalez

287 Cal. Rptr. 3d 2 · California Supreme Court · Dec 2, 2021

Those reminders do not qualify as misconduct. … [declining to consider the defendant’s assertion that statement did not qualify as a “statement[] against interest” because the statement was “clearly” admissible as the “statement[] of a party”].)

People v. Varnum

66 Cal. 2d 808 · California Supreme Court · May 31, 1967

Unless the state under its immunity statute could take the testimony the whole purpose of the immunity statutes would be defeated in many, if not most, situations for which they were designed. … I would hold the admission of the gun was error, and under *820 the facts clearly prejudicial. I would reverse the entire judgment appealed from. BURKE, J.

Doyle v. Jordan

200 Cal. 170 · California Supreme Court · Dec 30, 1926

The said petitions from any county shall be grouped or fastened together and shall contain a certificate of the county clerk of such county that the same contains the requisite number of qualified signatures of qualified … provided, and the results of the judgments therein certified to the secretary of state, the secretary of state shall thereupon issue his certificate of incorporation declaring the said district with the boundaries as finally established

Housing Authority v. Superior Court

35 Cal. 2d 550 · California Supreme Court · Jun 21, 1950

. §§ 1401-1430 ) established a federal housing agency authorized to make loans to state agencies for the purpose of slum clearance and low-rent housing projects. … The use of the terms “ordinance” and “measure,” clearly show the intent to allow the referendum powers to be used only to review legislative action of the city council.