Case law

Fry v. Saenz

120 Cal. Rptr. 2d 30 · California Court of Appeal · May 8, 2002

The courts have a duty to see that “the mandate of federal law is achieved” (ibid.), and statutes are no more immune to judicial scrutiny for ADA compliance than are rules or regulations. (Ibid.) … Taking the CalWORKs program as established by the Legislature, we see no basis to deny benefits to plaintiff Griffin on the ground her disabled child receives SSI.

Wallace v. City of Los Angeles

12 Cal. App. 4th 1385 · California Court of Appeal · Jan 28, 1993

Section 845 Government Code section 845 states in pertinent part: “Neither a public entity nor a public employee is liable for failure to establish a police department or otherwise to provide police protection service or, … this immunity provision was meant to protect.

People v. Ingram

40 Cal. App. 4th 1397 · California Court of Appeal · Dec 11, 1995

.” *1407 We agree with respondent that this language clearly and unambiguously mandates consecutive 25-years-to-life terms for each felony count for which defendant stands convicted. … When a person has proven himself immune to the ordinary modes of punishment, then it becomes the duty of government to seek some other method to curb his criminal propensities that he might not continue to further inflict

Poli v. Cameron

103 Cal. App. 4th 1 · California Court of Appeal · Oct 24, 2002

Consequently, she does not qualify as Amelia’s issue for purposes of her will. On this basis, the trial court properly denied Nanette’s heirship petition. … Although the trial court made no factual findings, the evidence submitted to the trial court clearly supported the notion that Nanette was Quinto Jr.’s equitably adopted child.

St. Francis Memorial Hospital v. Superior Court

205 Cal. App. 3d 438 · California Court of Appeal · Oct 25, 1988

To all appearances the exception was designed to set the immunity to one side and to permit discovery in suits by doctors claiming wrongful or arbitrary exclusion from hospital staff privileges.” (Matchett v. … Clearly, Dr. Deatherage’s action is not such a suit. Having so concluded, and having sought and received opposition to the petition, we issue a peremptory writ of mandate in the first instance. (Code Civ.

Paterson v. City of Los Angeles

174 Cal. App. 4th 1393 · California Court of Appeal · Jun 16, 2009

But not every "sick check" qualifies as the type of investigation or interrogation that would make applicable the rights under Government Code section 3303. … Governmental immunity is a jurisdictional question ( Kemmerer v.

Alford v. Novak CA4/1

California Court of Appeal · Jul 17, 2024

So too do we assume, based on Alford’s concession and without deciding the matter, that Toiyabe qualified as a tribal entity within the meaning of such case law. 8 personnel, and … We express no view regarding whether Novak will succeed at trial in establishing a tribal sovereign immunity defense.

City of San Jose v. MediMarts, Inc.

1 Cal. App. 5th 842 · California Court of Appeal · Jul 21, 2016

Section 11362.775 of the program exempts from the same criminal statutes “qualified patients, persons with valid identification cards, and the designated primary caregivers of qualified patients and persons with identification … For example, in Hale, supra, 201 U.S. at 76, the United States Supreme Court rejected a corporate officer’s reliance on the Fifth Amendment when, though given personal immunity, he was required by a grand jury to answer questions

Kensington Univ. v. Council for Private Postsecondary & Vocational Educ.

54 Cal. App. 4th 27 · California Court of Appeal · Mar 25, 1997

The faculty for environmental science was found not to be appropriately qualified, and the doctoral committee was not appropriate for a Ph.D. in this subject. … Clearly, the regulation reasonably cannot be construed in the manner urged by appellant.

People v. Layton

29 Cal. App. 3d 349 · California Court of Appeal · Nov 29, 1972

Dorado (1965) 62 Cal.2d 338 [ 42 Cal.Rptr. 169 , 398 P.2d 361 ], both establish mandatory guidelines in determining the admissibility of confessions or admissions. … The defendant further argues that because of his youth and his drugged condition, he believed that he was being given complete immunity and that he was falsely coerced into his confession of possession of LSD.

Lawrence v. Superior Court

California Court of Appeal · Mar 20, 2018

He does not dispute Takihana’s right to file an independent civil action to establish ownership. … The contention is persuasive Petitioner’s property rights are clearly implicated in this case.

County of Los Angeles v. Superior Court

222 Cal. App. 4th 434 · California Court of Appeal · Dec 19, 2013

On that basis the investigator recommended that “ ‘establishment of a probate conservatorship would be inappropriate.’ ” (Ibid.) 8 In order to qualify for a Murphy conservatorship—but not an LPS conservatorship under section … from dementia, which is not a qualifying diagnosis” under the LPS Act.

Estate of Furia

126 Cal. Rptr. 2d 384 · California Court of Appeal · Oct 24, 2002

Its principles were most clearly spelled out by this District's decision in Estate of Wilson (1980) 111 Cal.App.3d 242 , 168 Cal.Rptr. 533 . … Consequently, she does not qualify as Amelia's issue for purposes of her will. On this basis, the trial court properly denied Nanette's heirship petition.

Ullery v. County of Contra Costa

202 Cal. App. 3d 562 · California Court of Appeal · Jun 27, 1988

This alone is not enough to give rise to establish inverse condemnation liability. … Clearly substantial evidence supports the trial court’s conclusion that erosion within the creek channel was not a cause of the landslides.

Archibald v. Cinerama Hawaiian Hotels, Inc.

73 Cal. App. 3d 152 · California Court of Appeal · Sep 6, 1977

The Neptune decision is clearly distinguishable. The public trust doctrine applicable to beaches owned by the sovereign does not apply to hotels located on land which is privately owned. … State are free and equal, and no matter what their sex, race, color, religion, ancestry, or national origin are entitled to the full and equal accommodations, advantages, facilities, privileges, or services in all business establishments

People v. Marin

240 Cal. App. 4th 1344 · California Court of Appeal · Oct 7, 2015

The high court explained that its past decisions established two methods a district court may use to determine if a prior convictions qualifies under the ACCA. … The elements of that crime do not themselves establish facts necessary to qualify the conviction as a strike under California law. (Id. at pp. 1194-1195.)

GNS Printers v. Cooper

271 Cal. App. 2d 406 · California Court of Appeal · Apr 3, 1969

It was established by the evidence that Ned North Enterprises, Inc. … the fact that they didn’t qualify in California.

Santa Cruz Poultry, Inc. v. Superior Court

194 Cal. App. 3d 575 · California Court of Appeal · Aug 27, 1987

because he gives up rights when he enters into a new employment relationship, specifically the right to sue the employer at common law for negligence, and therefore it is necessary to show deliberate, informed consent to establish … Clearly both Kowalski and Martin , in accordance with the general law discussed above, hold the employment relationship itself may be implied in a suitable case from the factual nature of the parties’ relationship.

People v. Farias

California Court of Appeal · Jun 15, 2023

Certain conduct that was considered gang participation prior to Rodriguez no longer qualified. … Here, section 186.22 has been amended in a way that narrowed the definition of what qualifies as a street gang offense.

County of Fresno v. Malaga County Water District

123 Cal. Rptr. 2d 239 · California Court of Appeal · Jul 31, 2002

Malaga qualifies as a “district” or “special district” under the 1985 Act. … Its proposed incorporation clearly qualifies as a “change of organization.”