Case law

Rose v. Superior Court

19 Cal. 3d 899 · California Supreme Court · Sep 15, 1977

It is by now well established, of course, that administrative functions of a board of supervisors are not immune from judicial process and may be mandated or enjoined (see, e.g., Glendale City Employees’ Assn., Inc. v. … Judge Shreck then responded that the evidence presented at the hearing clearly established beyond a reasonable doubt that the supervisors were in contempt. He further stated that he was presumed to know the law.”

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.

Wheaton v. North British and Merchantile Insurance

76 Cal. 415 · California Supreme Court · Jun 7, 1888

Even when the statements in the application are declared to be warranties, they will not be regarded as such if qualified by other stipulations, which afford a fair inference that the parties themselves did not so intend … It would appear that a “considerable” over-valuation does not of itself establish fraud prima facie. (Wood on Insurance, sec. 325).

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.

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.

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.)

Jakoby v. Goddard

33 Cal. 4th 49 · California Supreme Court · Jun 7, 2004

Once a court has established its power to hear a case, it may make errors with respect to areas of procedure, pleading, evidence, and substantive law. (2 Witkin, Cal. … accused or prosecuting a person who has been granted immunity from such prosecution.

Patton v. City of Alameda

40 Cal. 3d 41 · California Supreme Court · Oct 17, 1985

A number of nonpension obligations approved by the voters before 1978 have also qualified as an indebtedness within the meaning of subdivision (b). … The statement is qualified by the phrase "beyond the set limit," which is explained in the following sentence.

People ex rel. Attorney General v. Naglee

1 Cal. 232 · California Supreme Court · Dec 15, 1850

Congress has power to establish uniform bankrupt laws ; and yet, in Sturges v. … States ; and 2d, such as were “ not established there,” but owned property within their limits.

West Pico Furniture Co. v. Pacific Finance Loans

2 Cal. 3d 594 · California Supreme Court · Jun 1, 1970

At the same time, however, the parties apparently had an understanding that no reserve would in fact be established. … Credit Discount Co., supra, 27 Cal.2d 335, 341 ) clearly showed that the parties intended them to be loans.

People v. Mayen

188 Cal. 237 · California Supreme Court · Feb 21, 1922

The same principle is established in California under the decisions in People v. Alden, 113 Cal. 264 [ 45 Pac. 327 ], and People v. … Both causes of action were tried together, and the witness was qualified by the oath administered to testify to both counts in the indictment.

Edwardson v. Hansen

180 Cal. 430 · California Supreme Court · May 29, 1919

In my opinion certain well-established rules of interpretation applying especially to wills, when considered in connection with this will, give it a meaning different from that given to it by the majority opinion. … clear and distinct.” *437 I think the will on its face clearly gives the residue of the estate to the children of Anna, the deceased sister of the testatrix, and that it left nothing undisposed of to go to the other heirs

Fitzsimmons v. State Bar

34 Cal. 3d 327 · California Supreme Court · Aug 18, 1983

Petitioner clearly violated rule 9 by receiving large amounts of cash from his client without obtaining written directions regarding their disposition, and without promptly depositing them in a trust account. … State Bar (1955) 45 Cal.2d 104, 111 [ 287 P.2d 761 ]), the lack of an evil intent does not immunize the attorney’s conduct from a finding of moral turpitude.

Sea-Land Service, Inc. v. County of Alameda

12 Cal. 3d 772 · California Supreme Court · Nov 8, 1974

It recognizes the well-established rule that "the Commerce Clause does not immunize interstate instrumentalities from all state taxation, but . . . such commerce may be required to pay a nondiscriminatory share of the tax … However, the fact that the containers are specifically designed to be carried aboard ship does not alter their property status or immunize them from local taxation.

People v. Venegas

74 Cal. Rptr. 2d 262 · California Supreme Court · May 11, 1998

We conclude that for purposes of the trial of this case, the Axell and Barney opinions clearly established the general scientific acceptance, under Kelly’s first prong, of the basic RFLP methodology utilized by the FBI in … procedures for translating VNTR segments of DNA into bands on an autorad and for ascertaining the existence of any matches between those bands, the procedures for determining the statistical significance of a match are immune

People v. Hill

67 Cal. 2d 105 · California Supreme Court · Jul 25, 1967

Accordingly, this court has previously stated that it is permissible to instruct the jury on general intent in such cases if that instruction is clearly qualified by a specific intent instruction which leaves no doubt in … In the instant case there was no need to give a general intent instruction, and the instruction read to the jury was not clearly qualified by the subsequently given instruction on specific intent.

Mann v. Cracchiolo

38 Cal. 3d 18 · California Supreme Court · Feb 19, 1985

Russell established that he was the data processing manager at UCLA Hospital and Clinics during the relevant period of time. … Fox’s declaration clearly undermines the factual basis for Dr. Forrester’s declaration which forms the basis of the radiologists’ motions for summary judgment.

Guardianship of Waite

14 Cal. 2d 727 · California Supreme Court · Dec 18, 1939

The record clearly shows that she was of sound mind and qualified to testify under sections 1879 and 1880 of the Code of Civil Procedure. … Moreover, there must be something more than poor business judgment to establish incompetency.

Stanson v. Mott

17 Cal. 3d 206 · California Supreme Court · Jun 22, 1976

The need for full disclosure of all relevant facts is obvious, and the board of education is well qualified to supply the facts. … judgment to that effect; if he establishes that similar expenses are threatened in the future, he will also be entitled to injunctive relief.