Case law

Cabral v. State Board of Control

112 Cal. App. 3d 1012 · California Court of Appeal · Dec 8, 1980

domicile in both section 244 and in the Restatement constitute the definition of “resident of California” as used in the Act, the Board’s addition of the word “lawful” as a modifier of the term “resident of California” is clearly … An otherwise qualified alien qualifies for the latter “if he certifies that he is not under order for deportation.” (Welf. & Inst. Code, § 11104.)

People v. Nettles

240 Cal. App. 4th 402 · California Court of Appeal · Sep 11, 2015

intent to commit rape was added to the definition of “sexually violent offense” in 2006 (compare Stats. 2000, ch. 643, § 1, pp. 4192-4194 with Stats. 2006, ch. 337, § 53, pp. 2660-2663), section 1170.126, subdivision (e), clearly … established at the time he [or she] was originally sentenced.”

Housing Partners I, Inc. v. Duncan

206 Cal. App. 4th 1335 · California Court of Appeal · Jun 15, 2012

Next, HPI asserts the legislative history of section 1720 establishes a clear legislative intent that the exemptions be harmonized together. … The subject project did not qualify because, while some of its funding was obtained from a qualified fund, other funding was not.

Goncharov v. Uber Technologies, Inc.

California Court of Appeal · Jan 29, 2018

Its powers include setting rates, establishing rules, holding hearings, awarding reparation, and establishing its own procedures. (San Diego Gas & Electric Co. v. … However, this provision “is not intended to, and does not, immunize or insulate a public utility from any and all civil actions brought in superior court.” (People ex rel. Orloff v.

In Re Providian Credit Card Cases

116 Cal. Rptr. 2d 833 · California Court of Appeal · Feb 20, 2002

The trial court’s eventual order recites the procedural history of the dispute and the legal standards established by rule 243.1. … The preceding discussion establishes that there is substantial evidence to support findings that the 21 documents the trial court ordered unsealed did not qualify as trade secrets either because of the subject matter, because

People v. Diaz

101 Cal. App. 3d 440 · California Court of Appeal · Jan 28, 1980

We conclude that even under the most compliant construction of relevant constitutional principles immunizing personal containers from warrantless searches, no reasonable expectation of privacy attaches to such a vessel or … absence of any reasonable privacy expectations in the contents of an ordinary cup and the existence of probable cause and exigent circumstances. *445 Validity of Warrantless Search The Automobile (1) It is now generally established

Ewing v. Northridge Hospital Medical Center

16 Cal. Rptr. 3d 591 · California Court of Appeal · Jul 27, 2004

It found: (1) expert evidence is required to establish the exception to immunity codified at section 43.92, and the parents failed to designate an expert, and (2) because the threat of risk posed by the patient was communicated … In enacting section 43.92, the Legislature clearly took to heart Justice Mosk’s admonition and severely narrowed the rule in Tarasoff to eliminate “all reference to conformity to standards of the profession in predicting

Big Creek Lumber Co. v. County of San Mateo

31 Cal. App. 4th 418 · California Court of Appeal · Jan 9, 1995

We are guided here by well-established principles. “Comprehensive zoning has long been established as being a legitimate exercise of the police power. [Citations.]” (Beverly Oil Co. v. … It requires cities and counties to zone certain qualifying timberlands as TPZ’s. (Gov. Code, §§ 51104, subd.

Weissbuch v. Board of Medical Examiners

41 Cal. App. 3d 924 · California Court of Appeal · Sep 20, 1974

Board of Medical Examiners, 29 Cal.App.3d 439 [ 105 Cal.Rptr. 634 ], it was clearly decided that a charge of unprofessional conduct under Business and Professions Code section 2384 was established by a conviction for violating … the laws regulating narcotics and dangerous drugs and the Board was not required to establish that such conviction amounted to “moral turpitude.”

Joyce v. Simi Valley Unified School District

1 Cal. Rptr. 3d 712 · California Court of Appeal · Jul 8, 2003

The argument is based on the theory that District has immunity as a matter of law because the injury occurred off school property. … In the first appeal this court held that Education Code section 44808 did not provide immunity. ( Joyce, supra, B053453.)

Hart v. Landis

103 Cal. App. 2d 284 · California Court of Appeal · Apr 6, 1951

However they rely on long established practice dating back to the establishment of the municipal railway. … Such boards are vested with a high discretion and its abuse must appear very clearly before the courts will interfere.” This quotation echoes through the reports again and again. *287 (Nelson v.

Guardianship of Romine

91 Cal. App. 2d 389 · California Court of Appeal · Apr 22, 1949

The circumstances of this case clearly indicate that it was not the intention of the father to abandon his child. … Numerous cases hold that the intention of a parent to permanently abandon his child must clearly appear before he may be deprived of its custody on that account.

People v. Parker

196 Cal. App. 2d 704 · California Court of Appeal · Nov 7, 1961

Alston: No one has made you any promises of reward, immunity, lesser sentence in order to get you to change your plea, is that correct? . . . The Depend-ant Parker : No. Mr. … Hence *709 Parker’s claims that the corpus delicti was not proved, that the degree of the offense was not established, and similar claims cannot be considered.

Hendricks v. Osman

72 Cal. App. 2d 465 · California Court of Appeal · Jan 3, 1946

absolutely to Herman Traub without mention of any interest plaintiff might have therein; that on August 14, 1944, Herman Traub died; that his estate is being administered by respondent Augusta Osman, the duly appointed and qualified … It is clearly the law that one who declines to avail himself of leave to amend his complaint after a demurrer thereto has been sustained, which demurrer is both general and special, thereby must stand upon his pleading as

CA Cannabis Coalition v. City of Upland

California Court of Appeal · Mar 18, 2016

In La Habra, supra, 25 Cal.4th 809, the city adopted an ordinance establishing a utility users tax to raise revenue for general government purposes. … Courts can be expected to rely, as they have in similar contexts, on the dictionary meaning of ‘impose,’ which is to establish or apply by authority or force.”

Hansen v. State Board of Equalization

43 Cal. App. 2d 176 · California Court of Appeal · Feb 21, 1941

Such boards are vested with a high *180 discretion and its abuse must appear very clearly before the courts will interfere.” … We cannot agree with the contention of appellant that “the purpose of the Alcoholic Beverage Control Act is clearly to permit any qualified person desiring to secure a license for the sale of alcoholic beverages to secure

People v. The North River Insurance Co.

California Court of Appeal · Dec 20, 2017

This contention establishes, at best, that the facts necessary for relief occurred before the appearance period expired; it does not establish that the surety presented them to the court as a basis for relief during that … We are disinclined to countenance such a result in the absence of any legislative intent to carve out such a potentially significant immunity for sureties, particularly when that immunity would likely exist at the very moment

Hawkins v. McLaughlin

196 Cal. App. 2d 318 · California Court of Appeal · Oct 16, 1961

McLaughlin is the duly *321 qualified and acting executrix of his estate; that the monthly payment due on June 1, 1959, has not been paid nor has any payment been made for months subsequent thereto; that a creditor’s claim … We find no such clearly implied intention in any of these provisions.

Zainudin v. Meizel

119 Cal. App. 2d 265 · California Court of Appeal · Jul 21, 1953

Goetting, 44 Cal.App. 435, 438 [ 186 P. 640 ], where the court said: “ ‘A counterclaim, when established, must in some way qualify or defeat the judgment to which a plaintiff is otherwise entitled.’ … The suit for damages did not and could not qualify or defeat the plea to quiet title to the personalty since the contract of sale had been abandoned.

People Ex Rel. Department of Public Works v. Lang Transportation Corp.

43 Cal. App. 2d 134 · California Court of Appeal · Feb 18, 1941

The trial court held him qualified, and the ruling of that court upon the qualification of an expert, will not be disturbed unless an abuse of discretion appears. (People v. Hinkle, 64 Cal. … This clearly and concisely expresses the rule, but we cannot see wherein it is not in accord with the principle of law set forth in the instruction.