Case law

Santa Rosa Memorial Hospital v. Superior Court

174 Cal. App. 3d 711 · California Court of Appeal · Nov 21, 1985

Nor, as a practical matter, are physicians the only health care professionals qualified to *719 participate in the vital functions of such committees. … Moreover, the JCAH Manual clearly distinguishes between the responsibility of the hospital administration to establish and operate such a program and the responsibility of the infection control committee to evaluate the effectiveness

People v. Jackson

210 Cal. App. 4th 525 · California Court of Appeal · Oct 24, 2012

“That certainly does not in any way establish that the association was for the purpose of cultivation. It only establishes that some of the people may have been cultivating. That’s very different. … The CUA thus provided a limited immunity from prosecution, including a defense at trial. [Citation.]

Goddard v. Department of Fish & Wildlife

243 Cal. App. 4th 350 · California Court of Appeal · Dec 23, 2015

Contrary to plaintiffs’ position, we conclude that DFW established without triable issue of material fact that it was entitled to natural- condition immunity under section 831.2. … Certainly the dam remnant qualifies as an artificial obstruction.

Brown Group Retail, Inc. v. Franchise Tax Board

44 Cal. App. 4th 823 · California Court of Appeal · Apr 22, 1996

Minn, and the determination not to hear the other two cases apparently created confusion regarding what sales activities in a state qualified for immunity. … First, it is clear from the majority opinion in Wrigley that only request-related activity qualifies for immunity. That is not the situation presented here.

Compton v. City of Santee

12 Cal. App. 4th 591 · California Court of Appeal · Jan 14, 1993

This factor, alone, probably suffices to establish immunity. (Ramirez v. … City of Santa Clara (1970) 8 Cal.App.3d 573, 575-577 [ 87 Cal.Rptr. 675 ] [no § 830.8 warning need be given where design, having met all applicable engineering standards, qualified for design immunity].)

Alana M. v. State of California

California Court of Appeal · Mar 29, 2016

We begin with a brief discussion of the purpose of the natural condition immunity and cases applying the immunity before addressing Alana’s specific argument that the tree that injured her qualifies as “improved” public property … For his position that it was the location of the injury that determined whether the immunity applied, the plaintiff in Meddock relied on Eben’s statement that, “ ‘to qualify public property as improved so as to take it outside

Hinson v. Clairemont Community Hospital

218 Cal. App. 3d 1110 · California Court of Appeal · Mar 15, 1990

It is that common to those who are recognized in the profession or trade itself as qualified, and competent to engage in it.” (Id. at § 299A, com. e, p. 74.) … Hinson argued the evidence was relevant to counter Robbins’s evidence “paint[ing] himself ... as a very finely qualified and competent doctor.”

KSDO v. Superior Court

136 Cal. App. 3d 375 · California Court of Appeal · Oct 7, 1982

It is an immunity from contempt, not a privilege against disclosure. A discussion of the effects of the constitutionalization of that immunity is not necessary to resolution of the case before us. … We hold therefore that the qualified privilege under the First Amendment as above stated protects Brown and KSDO from having to reveal Brown’s notes. The order compelling discovery of the notes is improper.

A.B. v. County of San Diego

California Court of Appeal · Jun 26, 2025

immunity because it found there was “no clearly established law that would have put [the deputy defendants] on notice that the force they used was excessive.” … immunity.

Sun v. City of Oakland

166 Cal. App. 4th 1177 · California Court of Appeal · Sep 15, 2008

They also asserted that City did not qualify for the immunities of Government Code sections 830.4 and 830.8 due to its failure to comply with Vehicle Code section 21950.5. D. … Nor does [the statute] clearly demonstrate a legislative intent to withdraw or qualify the immunity provided by Government Code [sections] 830.4 and 830.8. ...

Greene v. Zank

158 Cal. App. 3d 497 · California Court of Appeal · Jul 23, 1984

These substantive rules include the elements necessary for the prima facie section 1983 cause of action and damages, as well as rules governing absolute and qualified immunity. (Nahmod, supra, at p. 17, fn. 83.) C. … Ronan (9th Cir. 1965) 351 F.2d 533 , that a prosecutor is absolutely immune when he acts in a “quasi-judicial capacity,” but that he enjoys only a qualified immunity “[i]f he acts in the role of a policeman. ” (Id., at p.

Physicians Committee for Responsible Medicine v. Tyson Foods, Inc.

13 Cal. Rptr. 3d 926 · California Court of Appeal · Jun 1, 2004

Com. (1947) 30 Cal.2d 388, 393 [ 182 P.2d 159 ], “[i]t 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 … Code of Civil Procedure section 425.17 clearly deprives Tyson of any basis to strike PCRM’s suit pursuant to the anti-SLAPP statute.

Keyes v. Santa Clara Valley Water Dist.

128 Cal. App. 3d 882 · California Court of Appeal · Feb 17, 1982

831.8 providing for qualified governmental immunity relating to artificial conditions of reservoirs and canals. … On the other hand, section 831.8 sets forth a qualified governmental immunity for artificial conditions arising from man-made water impoundment and distribution improvements and facilities, such as reservoirs, canals, conduits

People v. Kelly

163 Cal. App. 4th 124 · California Court of Appeal · May 22, 2008

(d).) [5] (3) The CUA does not grant *131 immunity from arrest. ( People v. Mower (2002) 28 Cal.4th 457, 468-469 [ 122 Cal.Rptr.2d 326 , 49 P.3d 1067 ].) It grants a limited immunity from prosecution. … It clearly does.

Ramirez v. City of Redondo Beach

192 Cal. App. 3d 515 · California Court of Appeal · Jun 8, 1987

Having reconsidered the matter, however, we have again concluded that a retrial is not warranted because the City is entitled to the benefit of the immunity established by section 830.6. The facts are as follows. … Thus, regardless of the evidence plaintiff presented as to the defect in the design of the median, she may be denied recovery from defendant if it is established that the City is entitled to statutory immunity under section

Johnston v. County of Yolo

274 Cal. App. 2d 46 · California Court of Appeal · Jun 16, 1969

Sections 830.4 and 830.8 establish immunity for a condition consisting solely of a failure to post regulatory or warning traffic signs and signals. … The system’s rules of liability are qualified by its rules of immunity. (Gov. Code, § 815, subd. (b) ; Van Alstyne, California Government Tort Liability (Cont. Ed. Bar 1964) §§ 5.1-5.6, 5.28, 6.3.)

Lundeen Coatings Corp. v. Department of Water and Power

232 Cal. App. 3d 816 · California Court of Appeal · Jul 23, 1991

Plaintiff was approved and accepted by GEESI as a subcontractor qualified to work on the project. … But such departure is justified only when the facts clearly establish that a grave injustice would be done if an equitable estoppel were not applied.” (Ibid.)

MacY's California, Inc. v. Superior Court

41 Cal. App. 4th 744 · California Court of Appeal · Dec 26, 1995

Contentions Macy’s contends that in order to qualify as a “physical injury” and avoid the more likely than not requirement of Potter , the injury must be more than a mere needle stick. … substantial damages apart from those due to mental distress, the danger of fictitious claims is reduced, and we are not concerned with mere bad manners or trivialities but tortious conduct resulting in substantial invasions of clearly

Abel v. Cory

71 Cal. App. 3d 589 · California Court of Appeal · Jul 11, 1977

The State Personnel Board is given the obligation of establishing criteria for examination, and the conduct of examinations as may be necessary to determine those qualified for appointment by the Controller. … Section 14771 establishes standards for the appointment of qualified persons while section 14773 deals with removal of referees, and vests in the Controller power to remove annually a limited number of referees at his pleasure

Cochran v. Herzog Engraving Co.

155 Cal. App. 3d 405 · California Court of Appeal · Apr 11, 1984

This legislative statement clearly underscores the important reasons of public policy which support the broad scope of this immunity. (Clayton v. City of Sunnyvale, supra, 62 Cal.App.3d at pp. 670-671.) … City of Modesto (1966) 64 Cal.2d 229 [ 29 Cal.Rptr. 377 , 411 P.2d 105 ], that these statutes establish governmental immunity under the facts of this case.