Case law

Spitler v. Children's Institute International

11 Cal. App. 4th 432 · California Court of Appeal · Dec 1, 1992

As a principal witness in the preliminary hearing, MacFarlane was clearly “a participant authorized by law.” … Summary judgment is appropriate where the record establishes as a matter of law that no material disputed issue of fact exists or that the cause of action cannot prevail. (Willcerson v.

Diamond National Corp. v. State Board of Equalization

49 Cal. App. 3d 778 · California Court of Appeal · Jun 24, 1975

However, the question presented by a claim of exemption under a federal statute granting immunity to national banks from state sales taxes goes beyond the mere claim of an automatic exemption for a federal agency. … The court below treated the question solely as a federal question, i.e., whether federal instrumentalities are immune from state taxation. 12 The trial court also erroneously relied on Panhandle Oil Co. v.

Copp v. Paxton

45 Cal. App. 4th 829 · California Court of Appeal · Apr 22, 1996

The former was clearly “an expression of subjective judgment.” (Ibid.) … school board is clearly outside the above-defined cabinet level state officials.”

Mobley v. Los Angeles Unified School District

109 Cal. Rptr. 2d 591 · California Court of Appeal · Jul 24, 2001

See § 1729.[ 6 ] And the facts of this case clearly do not meet the traditional elements of equitable subrogation. … However, essential elements of a misrepresentation claim are clearly missing under the facts set forth by appellant.

Yes on Measure a v. City of Lake Forest

60 Cal. App. 4th 620 · California Court of Appeal · Dec 30, 1997

“(C) A measure that has qualified to be placed on the ballot is clearly identified if the communication states a proposition number, official title or popular name associated with the measure. … “(D) A measure that has not qualified to be placed on the ballot is clearly identified if the communication refers to the subject matter of the measure and to the qualification drive. “(2) A communication ‘expressly advocates

Cook v. Cook

177 Cal. App. 4th 1436 · California Court of Appeal · Sep 29, 2009

The settlors did not qualify the debts by stating that the trustee must offset only enforceable debts. … Thus the Trust and the amendment clearly manifest the settlors’ intent that unpaid loans to any child be considered an advancement of that child’s interest in the Trust.

City of Rohnert Park v. Superior Court

146 Cal. App. 3d 420 · California Court of Appeal · Jul 11, 1983

Petitioner points to the rule of construction that “it is not to be presumed that the [Ljegislature in the enactment of statutes intends to overthrow long-established principles of law unless such intention is made clearly … The ambiguous language of subdivision (a)(3) of Government Code section 68511.3 cannot be read as clearly expressing an intention to overthrow the established California decisional law principle.

People v. Mentch

50 Cal. Rptr. 3d 91 · California Court of Appeal · Oct 18, 2006

patient, but without any reference to a qualified primary caregiver. ( Ibid. ) On appeal, Mower argued that section 11362.5, subdivision (d), granted him complete immunity from prosecution, shielding him not only from prosecution … Since the defendants operated a commercial establishment selling marijuana to qualified public purchasers, they did not qualify as primary caregivers even though they obtained from each purchaser a designation as such prior

Tomei v. Fairline Feeding Corp.

67 Cal. App. 3d 394 · California Court of Appeal · Feb 22, 1977

He was required to make a down payment of only a portion of the purchase price, the balance being financed through a local bank using a line of credit established by Fairline. … The language in sections 25110 and 25019 clearly does not limit the regulation of security sales to fraudulent transactions.

In Re Joy M.

120 Cal. Rptr. 2d 714 · California Court of Appeal · Jun 6, 2002

There was no evidence the examining psychologist was clearly unqualified, as in Catherine S., but nothing showed she was qualified, as in Jennilee T. The record is a blank on that point. … It expressly ordered that qualified experts be appointed.

Jimenez v. Workers' Compensation Appeals Board

1 Cal. App. 4th 61 · California Court of Appeal · Nov 22, 1991

However, the Legislature has spoken clearly and unambiguously; disputes about the merits of this policy are decided by the Legislature, not the courts. … “It is an established canon of interpretation that statutes are not to be given a retrospective operation unless it is clearly made to appear that such was the legislative intent. [Citations.]”

Khan v. Los Angeles City Employees' Retirement System

187 Cal. App. 4th 98 · California Court of Appeal · Aug 3, 2010

The Legislative Counsel’s Digest of Assembly Bill 1099 states in part as follows: “Existing law establishes reciprocity between specific public retirement systems, thereby allowing a member of more than one qualifying system … The two documents are not determinative of this appeal because, given the legislative intent clearly expressed in the Legislative Counsel’s Digest of Assembly Bill 1099 and the plain meaning of section 20639, Khan is entitled

Dooley v. Johnson

133 Cal. App. 459 · California Court of Appeal · Jul 28, 1933

Each of them in the time required by law made application to the defendant, who was then the duly qualified and acting county assessor of the county of San Diego, California, for a veteran’s tax exemption for the year 1932 … the legislature from passing local or special laws in certain enumerated cases, of which the following: Subdivision 19— “Granting to any corporation, association or individual any special or exclusive right, privilege or immunity

American Smelting & Refining Co. v. County of Contra Costa

271 Cal. App. 2d 437 · California Court of Appeal · Apr 4, 1969

This argument overlooks the qualifying phrase “so long as they retain their distinctive character as imports.” … Nevertheless they establish the principle for which they have been cited.

Bareno v. San Diego Community College District

7 Cal. App. 5th 546 · California Court of Appeal · Jan 13, 2017

However, the record does not establish this as a matter of law. … SDCCD did not place that letter to Bareno in the mail until March 8, so she clearly could not have received it during the week that she was absent.

Powell v. Powell

40 Cal. App. 155 · California Court of Appeal · Feb 28, 1919

Subject to many limitations this doctrine of inherent improbability is established by ample authority, and its existence has many times been recognized in this state. … Further .cross-examination developed clearly that the witness remembered giving five hundred dollars to Mrs. Powell, but she had no recollection about going to the bank for it.

Hassan v. Mercy American River Hospital

118 Cal. Rptr. 2d 81 · California Court of Appeal · Jul 17, 2002

II Civil Code Section 43.8 Does Not Establish an Absolute Privilege The dispositive issue concerns the meaning of the privilege provided by section 43.8. … Relevance must be measured against the criteria established by section 43.8 for the privilege.

Brand v. Regents of the University of Cal.

72 Cal. Rptr. 3d 419 · California Court of Appeal · Jan 18, 2008

In what appears to be inexact drafting, the final sentence of the paragraph restates this concept in the negative and, perhaps inadvertently, drops the timeliness qualifier. … This is because there are clearly some allegations within the third cause of action for which, according to the judicially noticed documents, Brand did exhaust his administrative remedies when he included those allegations

In Re Emmett

120 Cal. App. 349 · California Court of Appeal · Jan 30, 1932

R. 1156, we find an extended note on the subject of immunity from arrest of public officers. … The rule that there is no exemption from arrest in criminal cases is clearly stated in 5 C.

Hopkins v. Superior Court of Los Angeles County, Appellate Division

2 Cal. App. 5th 1275 · California Court of Appeal · Sep 1, 2016

Shapiro that he had developed a problem with binge alcohol addiction, and they had been establishing a plan for treatment for substance abuse just before Hopkins’ DUI incident. Dr. … Here, the “matter” covered by section 1001.80 is a specific diversion program applicable only to certain qualifying defendants who are or were members of the United States military, applicable “whenever” a qualifying defendant