Case law

Jones v. Kaiser Industries Corp.

43 Cal. 3d 552 · California Supreme Court · Jun 18, 1987

The city in turn relies on the well-established rule that an employee cannot sue his employer for injuries resulting from the employer’s failure to comply with his duties as a landowner or to provide a safe place to work. … As our courts have often observed, the workers’ compensation system represents a balance between the advantage to the employer of immunity from liability at law and the advantage to the employee of swift and certain compensation

Wulfjen v. Dolton

24 Cal. 2d 878 · California Supreme Court · Sep 15, 1944

In reviewing the record herein, regard must be had for the rules of law which apply to cases of nonsuit and which are clearly stated in Berger v. … —language clearly indicating their intent to leave advancements to that extent in the hands of the corporation until "net earnings” were made.

Bradbury v. Higginson

167 Cal. 553 · California Supreme Court · Mar 30, 1914

The answer, read as a whole, clearly shows that the denial of performance of conditions precedent, above referred to, was intended to be qualified by and to refer to the affirmative allegations relative to the failure to … But since the agreement claimed to be rescinded is not the agreement contained in the writing executed by the parties, it was essential to the defense that a right of reformation be established.

Conservatorship of Harvey

3 Cal. 3d 646 · California Supreme Court · Dec 16, 1970

He relies upon the established principle that a probate court has only those powers granted by statute and such incidental powers as enable it to exercise the powers granted. ( McPike v. … Indeed, the findings of the trial court clearly establish that the overriding objective of the order was to enable the conservator to contact relatives of Harvey so that they could render advice regarding his future care.

Day v. City of Fontana

105 Cal. Rptr. 2d 457 · California Supreme Court · Apr 5, 2001

Home Grocery (1998) 19 Cal.4th 714, 732-733 [ 80 Cal.Rptr.2d 506 , 968 P.2d 65 ] [rejecting argument that Legislature’s focus on negligence principles supported a limitation of section 847’s immunity provisions to negligent … It does, however, clearly limit recovery to injured persons whose vehicles are “not insured as required by the financial responsibility laws of this state.” (§ 3333.4, subd. (a)(2).)

Ten Winkel v. Anglo California Securities Co.

11 Cal. 2d 707 · California Supreme Court · Jul 29, 1938

The written acceptance, in that it varied the terms of the original offer, at most constituted a qualified acceptance and in effect constituted a counter-offer on the part of the original offeree, Mary Thomas. … to be recorded it was in fact recorded in conjunction with another document which was entitled to be recorded, cannot give said document any greater sanctity than it is entitled to in its own right, and cannot grant it immunity

County of Alameda v. Carleson

5 Cal. 3d 730 · California Supreme Court · Sep 21, 1971

The legislative history, together with these regulations (which have been adjudged to “clearly comport” with the Act, King v. Smith, supra, 392 U.S. 309, 319 [ 20 L.Ed.2d 1118, 1126 ]; Lewis v. … . aid in this state without establishing their total indigence.

Pacific Palisades Bowl Mobile Estates, LLC v. City of Los Angeles

55 Cal. 4th 783 · California Supreme Court · Nov 29, 2012

California Coastal Com. (2011) 199 Cal.App.4th 947, 951 [ 131 Cal.Rptr.3d 908 ] [Rejecting a claim that a subdivision is not a land use and explaining, “[although a subdivision may not be a use of land, it is quite clearly … Subdivision (h) of section 30610 explains that the conversion of a residential structure into condominiums is not a time-share project and thus does not qualify for this exemption.

People v. Bryant, Smith and Wheeler

60 Cal. 4th 335 · California Supreme Court · Aug 25, 2014

The affidavit clearly established probable cause to believe Bryant was involved in the murders, and he does not argue otherwise. … That circumstance alone clearly cannot establish that the jury failed to give each defendant individualized consideration.

Holland v. Zollne

102 Cal. 633 · California Supreme Court · Jun 7, 1894

Henry Holland died on the twenty-first day of February, 1891, leaving surviving him as his sole heir bis widow, the plaintiff herein, who was duly appointed the administratrix of his estate, and qualified as such before the … To this general rule there are a number of exceptions, as clearly defined and as thoroughly established as the rule itself.

In re Garcia on Admission

California Supreme Court · Jan 2, 2014

As relevant to the issue presented by this case, past decisions of the United States Supreme Court clearly establish that the federal government generally has “plenary authority” over matters relating to immigration (including … We conclude it is appropriate to treat qualified undocumented immigrants in the same manner.

Shannon v. Cheney

156 Cal. 567 · California Supreme Court · Nov 24, 1909

Cheney’s property in the seat being, therefore, qualified, and subject to the provisions of the constitution and by-laws, plaintiff Shannon could take by the attempted assignment no greater right nor superior ownership than … The personal judgment against Buggies is clearly erroneous.

People v. Harris

169 Cal. 53 · California Supreme Court · Dec 18, 1914

The assignments as to the others are clearly without merit. … to express it and clearly this was not shown here.

People v. Nguyen

46 Cal. 4th 1007 · California Supreme Court · Jul 2, 2009

The defendant *1017 insisted the law established three separate offenses, each with its own requirement of charging notice and jury trial. … certain serious prior juvenile adjudications should serve as “prior felony convictions” for the purpose of enhancing the sentences for subsequent adult felony offenses. 14 The “twin considerations” identified in Ice thus clearly

Delano Farms Co. v. Cal. Table Grape Commission

233 Cal. Rptr. 3d 45 · California Supreme Court · May 24, 2018

This conclusion, the Court of Appeal reasoned, meant that the Commission’s promotional activities are “immune to challenge under the California Constitution.” … If § 6001), and that “all other public corporations in California — water districts, school districts, reclamation districts, etc. — are clearly considered governmental entities.” (47 Cal.3d at p. 1163.)

Fullerton Joint Union High School District v. State Board of Education

32 Cal. 3d 779 · California Supreme Court · Dec 2, 1982

The answer to this argument is that the total amount of bonded indebtedness has already been voted on by the qualified voters of Fullerton HSD. … We conclude that Lockport does not support the proposition that geographical restrictions on the franchise are immune from strict scrutiny.

Ortman v. Dixon

13 Cal. 33 · California Supreme Court · Jul 1, 1859

, even when the rule be senseless, yet we will not go out of our way to give effect to such distinctions, when the law does not clearly so require. … If, for instance, a man takes up water to irrigate his meadow at certain seasons, the act of appropriation, the means used to carry out the purpose, and the use made of the water, would qualify his right of appropriation

Unger v. Superior Court

37 Cal. 3d 612 · California Supreme Court · Dec 27, 1984

In so concluding, I face the issue of whether the First Amendment to the United States Constitution precludes a state from so immunizing its election process from statutorily established partisan interest. … “Such a policy is wholly consistent with the American constitutional tradition of a politically neutral military establishment under civilian control.

People v. Troche

206 Cal. 35 · California Supreme Court · Dec 27, 1928

, well qualified and lawful men, disinterested and impartial, not of kin nor personal dependents of either of the parties, having their homes within the jurisdictional limits of the court, drawn and selected by officers free … Under full and accurate instructions on the subject of insanity, as viewed in this state, when interposed by one seeking immunity from punishment for a crime committed, the jury found that the *51 defendant was sane at the

California Federal Savings & Loan Ass'n v. City of Los Angeles

54 Cal. 3d 1 · California Supreme Court · Jul 29, 1991

The City defended on the ground that its tax was a local revenue measure to raise funds for local expenditure and that as such it qualified as a “municipal affair” immune from state legislative interference by virtue of article … That section established the Financial Aid to Local Agencies (FALA) fund.