Case law

PROFESSIONAL ENG'RS IN CAL. GOV. v. Kempton

56 Cal. Rptr. 3d 814 · California Supreme Court · Apr 12, 2007

App.3d 1084, 1091 , 225 Cal.Rptr. 209 [constitutional provisions are presumed to be self-executing unless a contrary expression is clearly stated.].) … firm," and then, failing that, with the "third most qualified firm." (§ 4528, subd.

Tuolumne Jobs & Small Business Alliance v. Superior Court

59 Cal. 4th 1029 · California Supreme Court · Aug 7, 2014

It is well established that CEQA compliance is not required before a legislative body submits an initiative to voters under section 9214(b). … express declaration of legislative intent, we will find an implied repeal “only when there is no rational basis for harmonizing the two potentially conflicting statutes [citation], and the statutes are ‘irreconcilable, clearly

Schwartz-Torrance Inv. v. Bakery & Confectionery Wrks. Un.

61 Cal. 2d 766 · California Supreme Court · Aug 31, 1964

Although the court subsequently qualified its broad ruling in Thornhill by adopting a test permitting states to enjoin peaceful picketing for a purpose antithetical to some valid state policy, [3] the bedrock principle of … from destruction, is not immune from regulation essential for the common good.

Rider v. County of San Diego

1 Cal. 4th 1 · California Supreme Court · Dec 19, 1991

Accordingly, because the Agency that imposed the tax clearly is subject to the provisions of section 53722, and because equally clearly the tax in question is a special tax within the meaning of this section, I conclude that … Proposition 62 clearly did not intend to give the Legislature the authority to transform what would otherwise clearly be a special tax into a general tax, simply by creating a specialized agency and directing that the proceeds

People v. Berve

51 Cal. 2d 286 · California Supreme Court · Dec 5, 1958

Decisions holding that confessions are inadmissible because they were rendered under conditions of threatened mob violence by civilians against an accused clearly imply such conclusion. ( Moore v. … Due process requires that it be given voluntarily and without promise of immunity or reward. On the record before us the confession here must be excluded.

People v. Dumas

9 Cal. 3d 871 · California Supreme Court · Aug 14, 1973

Superior Court (1969) 1 Cal.3d 314, 323 [ 82 Cal.Rptr. 348 , 461 P.2d 628 ], The ability of police officers to rely on such prior information in deciding to effect an unannounced entry is also clearly established by People … This information would clearly be insufficient under the standards established in Aguilar v. Texas (1964) 378 U.S. 108 [ 12 L.Ed.2d 723 , 84 S.Ct. 1509 ], and Spinelli v.

In Re Wilson

3 Cal. 4th 945 · California Supreme Court · Nov 12, 1992

Furthermore, attachment of the right to counsel with regard to one charge does not immunize a defendant from investigation of other criminal conduct, *951 and “[incriminating statements pertaining to other crimes, as to which … He declares: “[I] did not enter an objection to this evidence because I believed then, as I do now, that this evidence was clearly admissible.

Estate of Grivel

199 Cal. 351 · California Supreme Court · Sep 4, 1926

The situs of the greater portion of the estate was the republic of Mexico, and it is claimed by appellant that said property was subject to the control of the ancillary administratrix, who, it is further claimed, had qualified … Appellant was the administrator of the entire estate and of all the funds and property which came into his hands which were admittedly property and moneys belonging to the estate, and it was clearly his duty as such officer

People v. McCaughan

49 Cal. 2d 409 · California Supreme Court · Nov 19, 1957

The words in question have no established common law meaning. Nor have they any adjudicated meaning. … The cause of death was established as asphyxiation from the aspiration of stomach contents. Dr.

Moore v. Belt

34 Cal. 2d 525 · California Supreme Court · Dec 16, 1949

Plaintiff does not dispute that there was no direct evidence tending to establish that defendant was negligent. It was not essential that he produce such evidence. … Webb was permitted to answer, the prejudicial effect of the ruling is clearly apparent. The manner in which the trial court informed the jury that Dr.

McComb v. COMM. ON JUD. PERFORMANCE

138 Cal. Rptr. 459 · California Supreme Court · May 2, 1977

Similar factual analysis establishes that the Commission's findings of wilful misconduct on the part of Justice McComb are not supported by the evidence. … "Commission membership terminates if a member ceases to hold the position that qualified the member for appointment. A vacancy shall be filled by the appointing power for the remainder of the term. "See SEC. 18.

People v. Caetano

29 Cal. 2d 616 · California Supreme Court · Jan 31, 1947

It was established without dispute that defendant killed his wife, and he was, therefore, in no way prejudiced by the assumption in the instruction that a homicide had been committed. (People v. … The evidence is clearly sufficient to support the finding of the jury that defendant was sane at the time the crime was committed. The judgment and order denying a new trial are affirmed.

Watts v. Crawford

10 Cal. 4th 743 · California Supreme Court · Jul 6, 1995

Indeed, “amenability to suit” has been employed as an antonym to the notion of immunity from suit conferred upon certain entities. (See, e.g., National Bank v. … court” as employed in former section 581a (and now current section 583.240, subdivision (a)). 11 We observe that, in general, decisions by this court and the Courts of Appeal postdating the enactment of the relevant statute clearly

Fresno Estate Co. v. Fiske

172 Cal. 583 · California Supreme Court · May 23, 1916

Marceau by which was established the nondelivery of her alleged deed to her husband. … Fisher was the duly appointed and qualified guardian of the minors, with full authority to represent them in the case of Marceau v. Fiske.

Prentice v. Miller

82 Cal. 570 · California Supreme Court · Jan 27, 1890

The evidence referred to consisted of an entry as a qualified naturalized voter in the great register of the county of Monterey; and of his own testimony, as follows: “I was born in France; came to the United States in 1850 … Prentice, ante, p. 104, as follows: “The evidence as to the citizenship of plaintiff is *575 clearly insufficient to establish that fact.

People v. Gallegos

62 Cal. 2d 176 · California Supreme Court · Dec 15, 1964

But these facts merely establish that the person who resided in the apartment drove the particular automobile. … Certainly the search of defendant's premises after he had voluntarily opened the door thereto and had admitted that he was on parole as a narcotics felon, was incident to his clearly lawful arrest.

McMillan v. Western Pacific Railroad

54 Cal. 2d 841 · California Supreme Court · Dec 2, 1960

It is to be noted that the word “injury” is not qualified by the word “accidental,” “bodily,” or any other modifying word or words. In Urie v. … The allegations in the amended complaint are clearly sufficient to state a cause of action for injuries resulting from the negligence of defendant, in light of the foregoing decisions. Burwell v.

Pouchan v. Godeau

167 Cal. 692 · California Supreme Court · Apr 28, 1914

court did *697 give on the question of damages for injury to character, was radically wrong; and none of the general instructions which the court gave on the subject of damages can- be fairly said to have so modified or qualified … All circumstances in mitigation other than such as tend to establish the truth of the charge may be proved without being pleaded. (Davis v.

McLaren v. Fleischer

181 Cal. 607 · California Supreme Court · Dec 1, 1919

There is clearly no merit in this contention. Section 2290 of the Revised *612 Statutes of the United States [U. S. Comp. Stats., sec. 4531, 2 Fed. Stats. … The two cases are clearly distinct and different. The only question presented and decided in the land department was whether the plaintiff or the defendant ¡had the better or prior right to enter the land.

Morton v. Adams

124 Cal. 229 · California Supreme Court · Apr 11, 1899

But the continuance of the lien is too clearly within the intent of the other sections reviewed to be affected, in any aspect of this question, by this negative argument of the appellant. 2. … McGlynn, 26 Cal. 420 , to the effect that '“claims so allowed and approved pass into judgments of a qualified character only.” In the next ease cited by appellant—Walkerley v.