Case law

Butler v. Collins

12 Cal. 457 · California Supreme Court · Jan 15, 1859

Vickery, are all one way, if we take the point as established, that neither works any change in the property of the goods. … They are usually shown as inferences from facts established, rather than as facts expressly proven.

Colyear v. Tobriner

7 Cal. 2d 735 · California Supreme Court · Nov 25, 1936

The above letters do not as a matter of laAV establish the falsity of Morrison’s testimony. … shown on the trial, may be established.

In Re Rivas

49 Cal. 3d 794 · California Supreme Court · Nov 16, 1989

And, while he has admitted facts which, for the most part, establish his guilt of the criminal charges, he has no apparent understanding of the wrongfulness of his conduct. … He also knew that a Chino residence was necessary to qualify as a candidate for municipal court judgeship in that district.

Michael U. v. Jamie B.

39 Cal. 3d 787 · California Supreme Court · Sep 19, 1985

to adoption of her child by a qualified family and prevent the child from being reared in an environment with loving adoptive parents. … These opinions were clearly based on Dr. Gislason's comparison of the two placements, without an independent inquiry into Michael's fitness as a father.

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.

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.

Miller v. Grunsky

141 Cal. 441 · California Supreme Court · Dec 28, 1903

Plaintiff appeals from the judgment upon the ground that the calls of the patent establish his title conclusively, and that the court erred in admitting over his objection incompetent evidence to explain, to vary, and to … But qualifying the proposition as it must be qualified, it may be said that the respondent does not controvert it, and we certainly do not question it.

Berry v. Workmen's Compensation Appeals Board

68 Cal. 2d 786 · California Supreme Court · Jun 26, 1968

Parker was examined at the hearing in the light of the proper criteria for apportionment, he clearly stated that he could not say with reasonable medical probability that the disease would ever have resulted in disability … and *793 seriousness of Berry’s illness, they do not establish that apportionment is justified.

Evans v. Unemployment Insurance Appeals Board

39 Cal. 3d 398 · California Supreme Court · Aug 8, 1985

Section 1265.5 clearly establishes a policy that unemployment compensation should not be offset by accrued vacation pay received after termination of employment. … The federal enactment was clearly intended to apply to those receiving retirement pay.

Ventura County Deputy Sheriffs' Ass'n v. Board of Retirement

16 Cal. 4th 483 · California Supreme Court · Aug 14, 1997

Not all persons in the same grade or class of positions qualified for educational incentive pay and those who did qualify might not hold the same certificates. … Appellants themselves view that language as clearly indicating an intent that the Board use the day as a unit of measure.

In Re Gilliam

26 Cal. 2d 860 · California Supreme Court · Aug 31, 1945

Rather, the record here affirmatively establishes that the prior conviction in question does fulfill the statutory requirement (Pen. Code, § 644). … a penal institution established for the usual purpose of imposing punishment under sentence of imprisonment as well as for the purpose of effecting the reformation of the inmates.

Butt v. State of California

4 Cal. 4th 668 · California Supreme Court · Dec 31, 1992

However, the court exceeded its judicial powers by approving the diversion of emergency loan funds from appropriations clearly intended by the Legislature for other purposes. … , unless specified circumstances excusing the failure are established to the satisfaction of the SPI. (§§ 41420, subd.

In Re Porterfield

28 Cal. 2d 91 · California Supreme Court · Apr 30, 1946

Since the penalty must be taken to have rested as much on the speech and the general invitation as on the specific one, and the former clearly were immune, the judgment cannot stand.” (Italics added.) … If it had been made in Bedding he clearly would have been subject to prosecution under the ordinance if he had not first paid the tax and secured the license.

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.

O'DONNELL v. Mullaney

66 Cal. 2d 994 · California Supreme Court · Jul 3, 1967

driver of the vehicle or against any other person legally liable for the conduct of the driver on account of personal injury to or the death of the owner or guest during the ride, unless the plaintiff in any such action establishes … ‘‘In order to qualify the plaintiff as a guest it must appear (1) that the plaintiff accepted a ‘ride’ as a guest, (2) that the ride was ‘in’ a vehicle upon a highway, and (3) that death or injury was suffered by the guest

Hays v. Superior Court

16 Cal. 2d 260 · California Supreme Court · Oct 2, 1940

In other words, we believe that the authorities last cited clearly indicate that the trial court is not compelled under all circumstances to order the issuance of the commission at any time that a request is made therefor … This showing is ample to establish the right, qualified as above indicated, but there are other factors to be considered in determining whether the trial court merely exercised a reasonable control over the exercise of the

Ballard v. Anderson

4 Cal. 3d 873 · California Supreme Court · May 19, 1971

Ballard, who, after a thorough examination, concluded that she was qualified for the surgery according to law. (Health & Saf. Code, §§ 25950-25954.) … The petition for writ of mandate thus falls clearly within the principle enunciated in Hollman v. Warren (1948) 32 Cal.2d 351 [ 196 P.2d 562 ].

Woods v. Superior Court

28 Cal. 3d 668 · California Supreme Court · Jan 8, 1981

Abuse of discretion is established if the [agency] has not proceeded in the manner required by law,...” … This does not immunize their case from the clear statutory direction which gives them section 1094.5 review of that denial as their “exclusive remedy.” (Welf. & Inst. Code, § 10962.)

Harrison v. Colgan

148 Cal. 69 · California Supreme Court · Oct 9, 1905

The amendments to article VI of the constitution, adopted at the general election on November 8, 1904, (Stats. 1905, p. xxxiv,) established three new courts styled district courts of appeal, and provided that there should … Clearly not the salaries which may hereafter be payable under the amended statute when a new term of some of the justices of the supreme court shall have begun, but the present salaries now allowed and paid to them by law

Howard v. Bryan

133 Cal. 257 · California Supreme Court · Jun 21, 1901

The petition did contain an estimate of future charges of administration, but it clearly showed that there was no purpose to apply the money borrowed to the payment of such charges, except as to the surplus that might remain … However advantageous it may have seemed in this instance to pursue that course; the proceeding cannot be sustained without establishing a dangerous precedent, from which serious abuses would be certain to flow.