Case law

Limon v. County of Los Angeles CA2/8

California Court of Appeal · Sep 22, 2025

Moreover, Loggins, an appeal from the grant of summary judgment, does not purport to establish a bright-line rule fixing any particular length of time as too long to qualify as close temporal proximity under FEHA. … Similarly, decisions by a public employee supervisor regarding “job assignments, training and promotion” were found to be operational level acts that did not qualify as the type of policy level decisions immune under the

Chambers v. Terry

40 Cal. App. 2d 153 · California Court of Appeal · Jul 17, 1940

Clearly, it refers to such inferior courts as may be established by the legislature, under the power given in the fourth paragraph of section 11, even in cities where what we have called the new municipal courts have been … established.

TruConnect Communications v. Maximus

California Court of Appeal · May 11, 2023

Co. (2002) 99 Cal.App.4th 1, 6 [where trial court, in ruling on summary judgment motion, “clearly intended to finally dispose of plaintiffs’ complaint,” appellate court may treat it as an effective judgment].) 4 The … The Constitution confers broad authority on the commission to regulate utilities, including the power to fix rates, establish rules, hold various types of hearings, award reparation, and establish its own procedures.

People v. Learnard

4 Cal. App. 5th 1117 · California Court of Appeal · Oct 28, 2016

The trial court determined the prior assault conviction qualified as a strike. … The court recognized that the reference in the abstract of judgment to both a deadly weapon and great bodily injury created some ambiguity, but noted that the information “set[] out clearly that a baseball bat was used in

Huynh v. Vu

4 Cal. Rptr. 3d 595 · California Court of Appeal · Sep 9, 2003

even if it was qualified. ( Aalgaard, supra, 224 Cal.App.3d at pp. 685-686.) … First, in practical terms, adopting the mixed motive test would be tantamount to proclaiming absolute immunity.

Elliott v. Occidental Life Insurance

225 Cal. App. 2d 510 · California Court of Appeal · Mar 12, 1964

thereunder as a subgroup; that the Oroweat Baking Company of San Francisco was qualified as subgroup 98 and the Oroweat Oakland Bakery was qualified as subgroup 95; that effective April 1, 1954, under subgroup 98, defendant … second of respondent’s declarations does aver that Elliott’s employment with the Oroweat Baking Company of San Francisco was terminated on or about April 10, 1954, this averment is entirely consistent with the complaint and clearly

Crumpler v. Board of Administration

32 Cal. App. 3d 567 · California Court of Appeal · May 22, 1973

In this state, the doctrine of sovereign immunity has been repudiated as ‘an anachronism, without rational basis.’ (Muskopf v. … All of the other requisite elements of equitable estoppel against the city were established by uncontradicted evidence.

Gong v. City of Rosemead

226 Cal. App. 4th 363 · California Court of Appeal · May 20, 2014

The Act also establishes specific types of claims from which public entities are immune (e.g., § 818.8 [misrepresentations by employees]) and certain conditions precedent to the filing of a lawsuit against a public entity … Appellant’s “section 815.3 claim” Appellants maintain that section 815.3 establishes a separate cause of action against a public entity, not subject to the immunity and claim presentation provisions of the Act, when

People v. Lomento

155 Cal. App. 2d 740 · California Court of Appeal · Dec 5, 1957

as an expert, and determined that the officer did so qualify. … The law is established in California that the testimony of a duly qualified expert, such as Officer Boswell, is admissible to explain the significance of cryptic letters and figures which appear upon papers, books, and paraphernalia

Reeves v. MV Transportation, Inc.

186 Cal. App. 4th 666 · California Court of Appeal · Jul 9, 2010

Discrimination To establish a prima facie case of unlawful discrimination, the employee must show: “(1) he was a member of a protected class, (2) he was qualified for the position he sought . . . , (3) he suffered an adverse … As we have explained, plaintiff did not have clearly superior paper credentials and defendant did not offer inconsistent justifications for the hiring decision.

City and County of San Francisco v. Ballard

39 Cal. Rptr. 3d 1 · California Court of Appeal · Jan 10, 2006

Accordingly, we affirm the trial court’s determination that the building does not qualify as a high-rise structure for the purpose of the fire prevention regulations and statutes. C. … However, the issue before the Ninth Circuit in Armendariz was the defense of qualified immunity, which is not the issue here. 8 Prior to trial, the court heard evidence on Ballard’s defense that city was barred from claiming

County of Kern v. Workers' Compensation Appeals Board

200 Cal. App. 4th 509 · California Court of Appeal · Sep 30, 2011

Suggesting counties are immune from state-imposed unfunded mandates, Kern believes the Legislature could not have intended to impose such a hardship on counties without their formal consent. … Although not applicable here, a community may also establish a fire protection district under Health and Safety Code section 13800 et seq.

Altizer v. Coachella Valley Conservation Com.

California Court of Appeal · Aug 23, 2023

Enterprise Rent-A-Car Co. (2010) 188 Cal.App.4th 1055, 1072, fn. 10.) 5 cannot be established or there is a complete defense to that cause of action. … here. 9 As the Commission emphasizes, the section of the cable fence Altizer collided with is unobscured and clearly observable (see Appendix A), particularly to anyone

People v. Munoz

198 Cal. App. 2d 649 · California Court of Appeal · Dec 28, 1961

Furthermore, since Officer Sanchez was a duly authorized police officer in the performance of his official duty of investigating narcotic traffic, he was immune from prosecution. (Health & Saf. Code, § 11710.) … Persuasion or allurement must be utilized to establish entrapment. (People v. Schwartz, 109 Cal.App.2d 450, 454 [ 240 P.2d 1024 ].)

Steiner v. Darby

88 Cal. App. 2d 481 · California Court of Appeal · Nov 12, 1948

establishment, but the furnishing of such information would be inconsistent with and violative of the duties of such police officers. … “In viewing the constitutional mantle thrown around an individual it is important to remember that the mantle is a safeguard, not absolute, but relative and qualified.

Jeffer, Mangels & Butler v. Glickman

234 Cal. App. 3d 1432 · California Court of Appeal · Oct 7, 1991

Fine was sufficiently qualified to give the opinion a reasonably prudent attorney, familiar with savings and loan law and the process of establishing a savings and loan, would have dissuaded the Field Group from attempting … to submit an application that clearly demonstrated a change of control from the already existing application.

Hassell v. Bird

247 Cal. App. 4th 1336 · California Court of Appeal · Jun 7, 2016

Thus, Yelp was aggrieved by the removal order for purposes of establishing standing. … Thus, “[t]here are three essential elements that a defendant must establish in order to claim section 230 immunity” from California tort liability. (Delfino, supra, 145 Cal.App.4th at pp. 804.)

Riverside Sheriffs'assn. v. Bd. of Admin., Cal. Pub. Empl's'ret. Syst.

184 Cal. App. 4th 1 · California Court of Appeal · Apr 26, 2010

trial court accepted these findings as true and acknowledge that the issue involves a pure question of law. 2 *5 First enacted in 1945, the Public Employees’ Retirement Law (PERL) (as it is now referred to; § 20000 et seq.) established … do not clearly fall within the scope of active law enforcement.

Mann v. Leasko

179 Cal. App. 2d 692 · California Court of Appeal · Apr 12, 1960

The determinative questions are: (1) whether appellant is a holder in due course and, as such, entitled to immunity from such personal defenses, and (2) whether there is any evidence in the record to support findings to the … This testimony was admitted subject to a motion to strike in the event that there was no evidence to establish notice or knowledge on the part of appellant.

FTR International v. Bd. of Trustees of the Los Angeles Community College Dist. CA2/2

California Court of Appeal · Apr 7, 2015

Qualified Immunity. … The Trustees argue that they are entitled to qualified immunity because there was no clearly established indication that the discretionary decision to vote to debar the FTR Parties violated any constitutional rights.