Case law

Ganz v. Justice Court

273 Cal. App. 2d 612 · California Court of Appeal · Jun 2, 1969

It is clearly established that juries are not to be made up on any theory of proportional representation. (Akins v. Texas, 325 U.S. 398, 403 [ 89 L.Ed. 1692, 1696 , 65 S.Ct. 1276 ]; Cassell v. … A brief reflection clearly indicates that this statement is accurate.

Zepeda v. City of Los Angeles

223 Cal. App. 3d 232 · California Court of Appeal · Aug 3, 1990

To that end, a qualified immunity from liability shall be provided for public entities and emergency rescue personnel providing emergency services.” (Health & Saf. Code, § 1799.107, subd. (a); italics added.) … In determining whether the defendants were liable, the Court of Appeal found that Health and Safety Code section 1799.106 established a duty for emergency personnel to provide “medical services in a manner which was not grossly

Douglas v. E. & J. GALLO WINERY

69 Cal. App. 3d 103 · California Court of Appeal · Apr 18, 1977

Mere separateness in the divisions or the departments is insufficient to establish dual capacity. … An employer qua employer enjoys the cloak of immunity weaved by the workers’ compensation law.

Graham v. Cal. Bd. of Education CA2/8

California Court of Appeal · May 8, 2014

The trial court made two seemingly inconsistent conclusions regarding immunity: (1) under Monell, supra, 436 U.S. 658, the defendants are local government agencies, and agents thereof, all with qualified immunity from section … immunity.

Stokes v. Board of Permit Appeals

52 Cal. App. 4th 1348 · California Court of Appeal · Jan 24, 1997

Beginning in 1984, the City had enjoined the operation of public bathhouses as health hazards in order to stem the spread of the acquired immune deficiency syndrome (AIDS) virus. … These facts establish more than a temporary vacancy, but rather an intentional decision to abandon the premises.

RIDGEWATER ASSOCIATES LLC v. Dublin San Ramon Services District

184 Cal. App. 4th 629 · California Court of Appeal · May 11, 2010

A defendant has met its burden *633 of showing a cause of action has no merit if it "has shown that one or more elements of the cause of action . . . cannot be established, or that there is a complete defense to that cause … Ridgewater clearly has a personal interest in the outcome of this litigation.

West Contra Costa Unified School Dist. v. Super. Ct.

California Court of Appeal · Mar 25, 2026

At trial, the issue quickly became reframed as whether the District had established that compliance with the relevant statutes made it impossible to put enough qualified teachers in classrooms, thus excusing the District’ … Central to its function is the belief that knowledge should be imparted by qualified instructors.

Gill v. Workers' Compensation Appeals Board

167 Cal. App. 3d 306 · California Court of Appeal · Apr 24, 1985

the compensation laws, and does not] qualify for vocational rehabilitation benefits.” … Thus, should Gill apply for vocational rehabilitation benefits in the future, as the employer acknowledges she may, she will not be entitled to them unless she establishes the likelihood they will enable her to return to

Ehrenclou v. MacDonald

12 Cal. Rptr. 3d 411 · California Court of Appeal · Mar 30, 2004

Accordingly, if the Colorado adoption decrees established a parent-child relationship with Jacqueline, Steven and Cynthia will qualify as Jacqueline’s “lawful issue” as those words are used in the 1954 trust. … If the Colorado adoption decrees do not establish a parent-child relationship, Steven and Cynthia will not qualify as “lawful issue” for purposes of the 1954 trust.

Save Our Skyline v. Board of Permit Appeals

60 Cal. App. 3d 512 · California Court of Appeal · Jul 27, 1976

behalf of the Board before the trial court did concede, albeit reluctantly, that the Board had authority to disapprove a permit issued pursuant to its order, and the contention that the Board’s review was not de novo is clearly … At most, therefore, the lawful issuance of a permit by the bureau can confer a conditional immunity, hardly the kind of shield contemplated by a statute designed to fix the rights of a permittee upon a certain date.”

Stop Youth Addiction, Inc. v. Lucky Stores, Inc.

17 Cal. 4th 553 · California Court of Appeal · Feb 23, 1998

Our previous pronouncements make plain a private party has no privilege or immunity to employ illegal means to obtain evidence for a lawsuit. (See Kimmel v. … Accordingly, we decline Lucky’s invitation judicially to categorize potential plaintiffs as qualified or unqualified to maintain UCL claims on behalf of the general public.

Quinn v. U.S. Bank NA

196 Cal. App. 4th 168 · California Court of Appeal · Jun 6, 2011

And, as impliedly amended by Title VII and the ADEA, section 24, Fifth, bestows a qualified immunity from liability arising from its exercise, allowing only specified relief, with limits and/or bars against compensatory and … And it bestows an immunity from liability arising from its exercise, qualified to allow only specified relief, with limits and/or bars against compensatory and/or punitive damages. [Fn. omitted.]” (Id. at p. 172.)

The People v. Guillen

218 Cal. App. 4th 975 · California Court of Appeal · Aug 8, 2013

Clearly, as in other cases discussed, ante, defendant did not qualify for mandatory relief under the first scenario. He had not fulfilled all the terms of his probation during the ―entire‖ probationary period. … A probationer who completes the probationary period without being able to establish a claim that the interests of justice merit a dismissal under Penal Code section 1203.4 will not qualify for relief under the third scenario

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.

Sarun v. Dignity Health

California Court of Appeal · Jan 13, 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

Alesi v. Board of Retirement

101 Cal. Rptr. 2d 81 · California Court of Appeal · Oct 31, 2000

Discussion Charter section 141 authorizes the San Diego City Council to enact an ordinance establishing a retirement system for city employees. … Because a “result” clearly falls into the latter category, Heaton’s view that significant information about causation is communicated by the article modifying the word “result” is puzzling.

People v. Justin S.

93 Cal. App. 4th 811 · California Court of Appeal · Nov 6, 2001

Our colleagues in Division Five, by analogy to objections to evidence, held that such a contention is not immune from Welch’s waiver rule. (See In re Josue S., supra, 72 Cal.App.4th at p. 170, citing People v. … (See also In re Bushman (1970) 1 Cal.3d 767, 776-777 [ 83 Cal.Rptr. 375 , 463 P.2d 727 ], as qualified by People v. Lent, supra, 15 Cal.3d at p. 486, fn. 1 .)

Shahinian v. Cedars-Sinai Medical Center

194 Cal. App. 4th 987 · California Court of Appeal · Apr 27, 2011

to establish the methodology. … It is instead the usual case where the arbitral award “stand[s] immune from judicial scrutiny.” (Moncharsh, supra, 3 Cal.4th at p. 32 .) 3.

Flowmaster, Inc. v. Superior Court

16 Cal. App. 4th 1019 · California Court of Appeal · Jun 23, 1993

The employer should then be treated as any third party tortfeasor, not immune from a common law tort action. [Citations.]” (Bell v. … Plaintiff is relegated to proof of “failure to install” by Flowmaster to establish his cause of action under section 4558.

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