Case law

Wheeler v. App. Div.

California Court of Appeal · Dec 15, 2021

[l]ease, rent to, or otherwise allow an Unlawful Establishment to occupy any portion of parcel of land.” (LAMC § 104.15(b)4.) … “Unlawful Establishment” is defined as a commercial cannabis activity that does not have a city-issued license. (LAMC § 104.01(a)27.)

Adoption of T.K.

240 Cal. App. 4th 1392 · California Court of Appeal · Oct 7, 2015

Case What we have already said is sufficient to establish there was no error here on the trial court’s part in finding the D.N. did not qualify for Kelsey S. fatherhood. … Yet the appellate court still upheld a finding the father qualified under Kelsey S.

Gomez v. The Regents of the University of Cal.

California Court of Appeal · Apr 23, 2021

The court explained: “Ensuring access to qualified students who otherwise could not attend, and securing the services of outstanding faculty and staff who otherwise might decline to accept or continue employment, is at the … Even if we remain unpersuaded that neither the Labor Code nor Wage Order No. 4 clearly establishes that the minimum wage laws apply to the Regents, Gomez argues that minimum wage laws fall under the Legislature’s police powers

People v. Strickler

25 Cal. App. 60 · California Court of Appeal · Jun 30, 1914

In other words, it is the contention of the people that the intoxicating character of “spirituous, vinous and malt liquors, ” as so enumerated in the statute, has been established by the legislature itself, and that it is … Had the statute stopped with the words ‘spirituous, vinous and malt liquors’ without any general or qualifying words added thereto, then the authorities referred to would clearly be in point, and the sale of such liquors

Massachusetts Mutual Life Insurance v. City & County of San Francisco

129 Cal. App. 3d 876 · California Court of Appeal · Mar 19, 1982

First, the language of the public property exemption therein discussed differs from that of section 14-4/5; it immunizes from taxation property “belonging to” the state. … In our view the term “belonging to” more clearly suggests taxation based upon ownership than does the phrase “insurers and their property.”

People ex rel. Department of Transportation v. Dry Canyon Enterprises, LLC

211 Cal. App. 4th 486 · California Court of Appeal · Nov 28, 2012

The qualifying conditions that establish the owner’s entitlement to a jury trial on the amount of compensation are set forth in section 1263.510, subdivision (a). … Each of the qualifying conditions enumerated in that section refers to loss of goodwill.

HARRINGTON-WISELY v. State

68 Cal. Rptr. 3d 209 · California Court of Appeal · Nov 20, 2007

court granted the government defendants’ motion for summary adjudication on the first 10 causes of action in the then operative complaint, holding Wisely was not entitled to damages because all government defendants enjoyed qualified … immunity and Wisely had failed to meet various *1493 statutory prerequisites for the recovery of damages.

People v. Race

151 Cal. App. 2d 678 · California Court of Appeal · Jun 12, 1957

One of the conversations indicates clearly that the words exchanged between Officer Walters and appellant involved a purported wager. … From the foregoing we are satisfied that the corpus delicti of the offense of bookmaking was clearly established and that the incriminatory statements made by appellant were admissible.

P. ex rel. etc. v. Hebb

California Court of Appeal · Dec 19, 2017

Nonmandatory reporters are entitled to qualified immunity for making a false report unless it is proven the reporter knew the report was false or made the report with reckless disregard for the truth or falsity of the report … “‘It legitimizes a myriad of situations the Legislature may not have cared to spell out, by establishing the principle of permissive disclosure when specifically authorized by law.’”

Sarun v. Dignity Health

California Court of Appeal · Jan 6, 2015

However, uninsured patients may be able to qualify for government programs or financial assistance. … To satisfy Proposition 64 a plaintiff “must now establish a loss or deprivation of money or property sufficient to qualify as injury in fact, i.e., economic injury, and (2) show that that economic injury was the result of

Bower v. AT&T Mobility, LLC

196 Cal. App. 4th 1545 · California Court of Appeal · Jun 29, 2011

In other words, to have standing to bring a section 17200 cause of action, a plaintiff must “(1) establish a loss or deprivation of money or property sufficient to qualify as injury in fact, i.e., economic injury, and (2) … Common law fraud “The well-established common law elements of fraud which give rise to the tort action for deceit are: (1) misrepresentation of a material fact (consisting of false representation, concealment or nondisclosure

Palos Verdes Library District v. McClellan

97 Cal. App. 769 · California Court of Appeal · Mar 26, 1929

M., at which election the question was submitted by ballots to the qualified electors, and that of 238 qualified electors forty-five voted, forty-four of whom east their votes in favor of the proposition and but one opposed … M., it was held that the votes of qualified electors in those precincts should not be rejected.

Peninsula Covenant Church v. County of San Mateo

94 Cal. App. 3d 382 · California Court of Appeal · Jun 25, 1979

Such property clearly comes within the requirements of section 214. … The exemption for the community center building is not destroyed by the fact that some of the Boosters may occasionally use the center for an informal luncheon or for playing cards, since testimony at trial clearly established

Alonso v. State of California

50 Cal. App. 3d 242 · California Court of Appeal · Jul 30, 1975

occupations, ... to assist in establishing and maintaining systems of public employment offices . . . .” … The federal and state regulations require that an applicant must be legally qualified to work. A fortiori an individual illegally in this country cannot be legally qualified to work here.

Fairbank v. City of Mill Valley

89 Cal. Rptr. 2d 233 · California Court of Appeal · Oct 29, 1999

In either case, the psychiatric facility approved in Centinela could not have been found to fall within the occupant load limit established by former Guidelines section 15303(c). … Where an intended use is not listed in table 10-A, the building official shall establish an occupant load factor based on a listed use which most nearly resembles the intended use. [Í] . . .

In re Huerta

California Court of Appeal · Jul 29, 2025

Superior Court (Zamudio) (2000) 23 Cal.4th 183, 199 [“We do not presume that the Legislature intends, when it enacts a statute, to overthrow long-established principles of law unless such intention is clearly expressed or … Here, petitioner fails to allege facts showing a qualifying “offense”—such as attempted murder—as the basis for his RJA claims.

Bischell v. State of California

68 Cal. App. 2d 557 · California Court of Appeal · Mar 27, 1945

of section 44c of the Vehicle Code, and that the immunities and exemptions extended by sections 401 and 454 of the Vehicle Code are applicable. … listens, he hears that which is clearly audible.

Galardi v. Seahorse Riding Club

16 Cal. App. 4th 817 · California Court of Appeal · Jun 17, 1993

Clearly, the sport of horse jumping has the inherent risk that both horse and rider will fall and suffer injury. … Union High School Dist. (1931) 160 Wash. 121 [ 294 P. 998 ], no discussion of the assumption of risk doctrine was involved; instead, the case presents a question of pleading concerning governmental immunity where an injured

Western Crop Protection Ass'n v. Davis

95 Cal. Rptr. 2d 631 · California Court of Appeal · Jun 8, 2000

The first involves the judgment of the state’s qualified experts that a chemical “has been clearly shown through scientifically valid testing according to generally accepted principles to cause . . . reproductive toxicity … The Developmental and Reproductive Toxicant Identification Committee (the DART Committee) is designated as the “state’s qualified experts” to “[rjender an opinion . . . whether specific chemicals have been clearly shown .

Girth v. Thompson

11 Cal. App. 3d 325 · California Court of Appeal · Sep 18, 1970

today that as a general rule, whenever a state or local government decides to select persons by popular election to perform governmental functions, the Equal Protection Clause of the Fourteenth Amendment requires that each qualified … The district is subject to the provisions of the statute conferring governmental immunity and to the exceptions therefrom imposing liability. (Gov. Code, § 811.2; see Vater v.