Case law

Royster v. Cushman

213 Cal. App. 3d 65 · California Court of Appeal · Aug 14, 1989

However, in this case, appellant has made no attempt to “learn on the job” and as a result the interests of the students clearly take precedence. … “In any district in which appointments are made from eligible lists established by examination, special eligible lists shall be established at the end of each school year which consist of the names of those employees who

Ingram v. City of Redondo Beach

45 Cal. App. 3d 628 · California Court of Appeal · Feb 28, 1975

Testimony of the city engineer of defendant established that the sump was designed by a private developer. The plans were approved by defendant. … One finding lists a catalog of reasons why defendant as a public entity is “immune” from liability.

People v. London

228 Cal. App. 4th 544 · California Court of Appeal · Jul 30, 2014

The CUA’s limited immunity from state criminal prosecution for unlawful marijuana possession and cultivation applies solely to qualified patients and their primary caregivers who possess or cultivate marijuana for the patient … who transports, processes, administers, delivers, or gives away marijuana for medical purposes, in amounts not exceeding those established in subdivision (a) of Section 11362.77, only to the qualified patient of the primary

Forest Lawn Memorial Park Ass'n v. State Board of Embalmers & Funeral Directors

134 Cal. App. 73 · California Court of Appeal · Aug 28, 1933

Newton Howell, the duly elected, qualified and acting president of petitioner. … Cas. 13], where the court in passing upon the con *80 stitutionality of the Dental Law held such a provision was not unconstitutional as conferring special privileges and immunities upon certain practitioners, upon the theory

Yalung v. State of Cal.

California Court of Appeal · Dec 21, 2023

There, the Supreme Court examined whether a tow truck driver who was involved in an accident while providing services under the Freeway Service Patrol (FSP) Act qualified as an employee of the California Highway Patrol (CHP … a principal cannot be subjected to greater liability than its agent, if the agent is immune from suit, the principal is also immune. (See Privette v.

Legg v. Ford

185 Cal. App. 2d 534 · California Court of Appeal · Oct 20, 1960

By their demurrer, the county defendants have interposed the legal defense of sovereign immunity. … There is no statute waiving immunity for the alleged tort. Therefore they are immune from civil liability and no cause of action can be stated.

People v. Kershaw

147 Cal. App. 3d 750 · California Court of Appeal · Oct 3, 1983

The factors motivating these informants include offers of immunity or sentence reduction, money payments, revenge or the hope of eliminating criminal competition. … We also conclude that because of the anonymity of the informer he or she did not qualify as a full-fledged citizen informant.

City of Anaheim v. City of Fullerton

102 Cal. App. 2d 395 · California Court of Appeal · Feb 19, 1951

subterfuge and illegal scheme and plan whereby Anaheim sought to annex property inhabited by 12 or more qualified electors by dividing the property into more than one parcel, each containing less than 12 qualified electors … The provisions of the statute were not followed, and an attempt to shorten by several days the time fixed by the established procedure clearly appears.

Mattel, Inc. v. Luce, Forward, Hamilton & Scripps

121 Cal. Rptr. 2d 794 · California Court of Appeal · Jun 28, 2002

The moving party has the initial burden of establishing that the action challenged qualifies for treatment under section 425.16. (Paul for Council v. Hanyecz (2001) 85 Cal.App.4th 1356, 1365 [ 102 Cal.Rptr.2d 864 ].) … When the moving party establishes that the action qualifies for treatment under section 425.16, the burden shifts to the plaintiff to demonstrate the “probability that the plaintiff will prevail on the claim.” (§ 425.16,

In Re Marriage of Williams

163 Cal. App. 3d 753 · California Court of Appeal · Jan 17, 1985

In support of this contention, appellant relies upon the provisions of the trust agreement establishing the fund, which in turn are based upon federal law. … The same subsection of the Act defines a "qualified domestic relations order."

People v. Archer

179 Cal. App. 4th 298 · California Court of Appeal · Nov 17, 2009

The court further noted that primary caregiver status "requires an existing, established relationship. … [However,] [w]hat is not permitted is for an individual to establish an after-the-fact caregiving relationship in an effort to thereby immunize from prosecution previous cultivation or possession for sale." ( Id. at p. 284

Harvey v. Smith

147 Cal. App. 2d 646 · California Court of Appeal · Jan 17, 1957

Fletcher is the duly qualified and acting executor thereof. The executor included the subject property in the inventory of the estate.” The last will and testament of Alice E. … distribution void because it does not conform to the provisions of the will; that the rule is well settled that once the decree of distribution becomes final it becomes the measure of the rights of the beneficiary and is immune

Bush v. Nye

6 Cal. App. 298 · California Court of Appeal · Aug 26, 1907

It is further argued that so much of the act under consideration as attempted to fix a determinate term for the newly created office is unconstitutional, because the constitution itself has established all the various terms … the provisions of section 9 of article VI of the constitution, and that the legislature, by the creation of an additional judge of the superior court of Shasta county, and prescribing the provisional term thereof, acted clearly

Santa Barbara County Coalition Against Automobile Subsidies v. Santa Barbara County Assn. of Governments

167 Cal. App. 4th 1229 · California Court of Appeal · Nov 5, 2008

In alleging that it has paid sales tax on the sale of its T-shirts, appellant has established liability to pay a tax assessed by Santa Barbara County. … The plaintiff must establish the unlawfulness of the activity as part of its burden of showing a probability of prevailing on its claim.

DeBottari v. City Council

171 Cal. App. 3d 1204 · California Court of Appeal · Sep 6, 1985

Plaintiff Louis A. deBottari, a resident and qualified voter of Nor-co, filed a petition for writ of mandate in the Superior Court of Riverside County to command the defendant either to repeal the ordinances or place the … In sum, we conclude that the referendum, if successful, would enact a clearly invalid zoning ordinance.

People v. Cradlebaugh

24 Cal. App. 489 · California Court of Appeal · May 16, 1914

To the contrary, the *491 testimony of Sheriff Voss, uncontradicted, and received without objection, clearly shows that the writing in question had never at any time been filed with said clerk. … In the present case the defendant was in writing appointed a deputy sheriff by the duly elected, qualified, and acting sheriff of the county of Yuba.

Pomona Valley Hospital Medical Center v. Superior Court

209 Cal. App. 4th 687 · California Court of Appeal · Sep 24, 2012

The bylaws establish several committees, including an IRB. The president of the medical staff is responsible for selecting IRB members pursuant to the bylaws. … Nor, as a practical matter, are physicians the only health care professionals qualified to participate in the vital functions of such committees.

Hoffman v. Municipal Court

3 Cal. App. 3d 621 · California Court of Appeal · Jan 20, 1970

In enacting section 415, the Legislature clearly intended to prohibit such conduct only when it was provocative of violence or a breach of the peace. … clearly did not render him immune from prosecution under the statute.

Goodley v. Sullivant

32 Cal. App. 3d 619 · California Court of Appeal · May 24, 1973

The provisions of this section do not affect tbe official immunity of an officer or employee of a public corporation. … “This section shall not be construed to confer immunity from liability on any professional society or hospital.

In re Richardson

196 Cal. App. 4th 647 · California Court of Appeal · Jun 13, 2011

the prior conviction qualified as a strike. … The record establishes the trial court correctly determined his prior conviction of evasion qualified as a strike. Again, we need not determine whether Trujillo is retroactive to petitioner’s case.