Case law

Social Services Union v. Alameda County Training & Employment Board

207 Cal. App. 3d 1458 · California Court of Appeal · Feb 23, 1989

The arbitrator determined that by including section 14L in the MOU, the parties intended that if there were qualified existing employees, those employees were to be offered the promotional opportunities before the position … The Supreme Court reasoned that damages for breach were clearly part of the dispute arising from the agreement, and that even if the issue of damages had not been specifically submitted to the arbitrators, it was properly

Lawson v. Turlock Union High School District

47 Cal. App. 252 · California Court of Appeal · Apr 28, 1920

The distinction established by the legislature is not an arbitrary one. There are sufficient differences between a location in a city and one in the country to justify the classification established in the amendment. … They are sufficient to justify the classification established in the amendment.

People v. Waxler

California Court of Appeal · Apr 4, 2014

[Citations.] ‘ “The standard of appellate review of a trial court’s ruling on a motion to suppress is well established. … [T]he [CUA] provides a limited immunity — not a shield from reasonable investigation.

Migliavacca v. City of Napa

10 Cal. App. 383 · California Court of Appeal · Apr 10, 1909

Hartwell, 131 Cal. 263, 265 , [ 63 Pac. 349, 350 ], “to insure some degree of permanency, and to prevent frequent changes,” and that such is the constitutional policy established by the provision of the constitution concerned … Our conclusion is that all the proposed amendments submitted at the prior election, held on the twentieth day of January, 1909, having been defeated by the electors, the respondents are clearly within their rights, under

Cedars-Sinai Medical Center v. Superior Court

12 Cal. App. 4th 579 · California Court of Appeal · Jan 14, 1993

Clearly, the evaluation of the obstetrical privileges held by defendant doctors falls within the proceedings of the medical staff review committee. However, the statute does not address the issue presented here. … That intent has been established by the Matchett decision. 5. The tension between the competing interests thus has been resolved.

Doe v. Brown

177 Cal. App. 4th 408 · California Court of Appeal · Sep 3, 2009

The Department also noted that an offender is required to clearly demonstrate facts establishing his or her eligibility for exclusion from the Internet Web site. … The Department stated in its letter that Doe had not provided documents establishing her continued eligibility for exclusion from the Megan’s Law Internet publication provisions.

Jeff Tracy, Inc. v. City of Pico Rivera

California Court of Appeal · Sep 15, 2015

In most cases, a contractor can establish valid licensure by simply producing “a verified certificate of licensure from the Contractors’ State License Board which establishes that the individual or entity bringing the action … (c)(3) [corporation qualifies for contractor’s license “upon the appearance of a qualifying individual appearing either as a responsible managing officer or a responsible managing employee on behalf of the corporation”].)

People v. Doron

California Court of Appeal · Aug 31, 2023

They also argued Doron did not establish Dr. 4 Clipson believed the symptoms motivating his behavior would respond to treatment. 3 The trial court denied the motion. … The People respond that there is no certainty Doron may be able to establish eligibility.

Yee v. Superior Court

California Court of Appeal · Jan 9, 2019

The opinion, involving the same parties as the present appeal and describing the prior litigation upon which the claim in the present case is based, is clearly relevant for its description of basic factual background, and … 815.2” and whether conduct sufficiently within that scope was “nevertheless sufficiently outside the authority/control of the public entity so as not to fall within the newly established immunity.”

Allende v. Department of the California Highway Patrol

201 Cal. App. 4th 1006 · California Court of Appeal · Dec 9, 2011

ambiguous and there is no clear case or other persuasive authority on the subject, the statute’s contemporaneous construction by the administrative agency charged with enforcing it is entitled to great weight, unless it is clearly … The court held that the common law doctrine of *1014 voluntary payment and the statutory basis of governmental immunity preclude members of the Fixed Cost Class from recovering monetary relief for any overpayment.

People v. Chanh Minh Dang

113 Cal. Rptr. 2d 763 · California Court of Appeal · Nov 26, 2001

The evidence was clearly relevant to the claim of witness intimidation. … Instead, the Legislature did not qualify the provision. The trial court addressed the potential prejudicial impact of Mr. Smith’s testimony.

Oakland Unified School Dist. v. Pub. Employment Relations Bd.

California Court of Appeal · Jul 2, 2025

Thus, public school employees, like every other public employee, have a qualified right to strike—including a qualified right to engage in unfair practice strikes—under the common law. … Even if these suggestions are not conclusive, they, at a minimum, establish that PERB did not clearly err when it concluded that such strikes are allowed under EERA. (See Boling, supra, 5 Cal.5th at p. 912.)

Pryor v. Osborn, Burum & Shortridge

51 Cal. App. 2d 735 · California Court of Appeal · May 5, 1942

After a hearing, the will was admitted to probate and Ann Stevenson was appointed executrix and qualified as such. … Pryor, was clearly and substantially placed in a worse position by the upholding of the will.

People v. Rouse

245 Cal. App. 4th 292 · California Court of Appeal · Feb 29, 2016

The court struck the older of defendant‟s two prior strikes (a 1989 robbery conviction), finding that imposition of a life sentence would be “clearly disproportionate” to the underlying charged crimes. … Thus, there is no constitutional requirement that the facts be established beyond a reasonable doubt.” (Kaulick, at pp. 1304-1305; see also People v.

AFL-CIO v. Deukmejian

212 Cal. App. 3d 425 · California Court of Appeal · Jul 20, 1989

“(b) A chemical is known to the state to cause cancer or reproductive toxicity within the meaning of this chapter if in the opinion of the state’s *432 qualified experts it has been clearly shown through scientifically valid … The Governor must list these chemicals, after full consultation with the state’s qualified experts.

City and County of San Francisco v. Callanan

169 Cal. App. 3d 643 · California Court of Appeal · Jun 25, 1985

The qualified electors expressly state that they understand that benefits of employment are sometimes referred to as fringe benefits of employment and the qualified electors expressly reserve the right to either grant or … Clearly, this is not the intent or purpose of the charter provision reserving the right to grant such benefits to the electorate.

City of South San Francisco v. Cypress Lawn Cemetery Ass'n

11 Cal. App. 4th 916 · California Court of Appeal · Dec 14, 1992

These remedies are not available against governmental entities, however, because they and their employees enjoy statutory immunity. (See Gov. Code, §§ 815.2, 821.6; Kemmerer v. … Section 995.220 supplements this immunity, which clearly reflects the deliberate conclusion of tiie Legislature that the public good is best served by excusing governmental entities from the security requirements otherwise

Cristmat, Inc. v. County of Los Angeles

15 Cal. App. 3d 590 · California Court of Appeal · Feb 24, 1971

Board of Police Commissioners, 190 Cal.App.2d 566, 571 [ 12 Cal.Rptr. 226 ]: “It does not appear that the Legislature intended that a person who is licensed to sell liquor should be immune from supervision, by local government … beverages, for consumption on the premises of such establishment.

Johnson v. Pratt & Whitney Canada, Inc.

28 Cal. App. 4th 613 · California Court of Appeal · Aug 24, 1994

The statute clearly involves an assessment of credibility by the trial court. … “The trial judge precluded [the statutory immunity] defense on the ground that steps to warn against the dangerous condition were necessarily intertwined with the circumstances establishing the dangerous condition and were

County of San Mateo v. City Council

168 Cal. App. 2d 220 · California Court of Appeal · Feb 26, 1959

Section 9706 of the Election Code states that voting precincts for a municipal election may consist of the regular election precinct established for state or county elections. … Section 34051 provides that no person is entitled to vote in a city election unless he is a qualified voter *223 of the county.