Case law

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 … the 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 It is now generally established

People v. Tuggle

203 Cal. App. 4th 1071 · California Court of Appeal · Feb 24, 2012

“A person is qualified to testify as an expert if he has special knowledge, skill, experience, training, or education sufficient to qualify him as an expert on the subject to which his testimony relates. … “Error regarding a witness’s qualifications as an expert will be found only if the evidence shows that the witness ‘ “ ‘clearly lacks qualification as an expert.’ ” ’ ” (People v.

Los Angeles Free Press, Inc. v. City of Los Angeles

9 Cal. App. 3d 448 · California Court of Appeal · Jul 8, 1970

The Free Press has qualified as a second-class publication for mailing purposes. … Clearly, the sheriff has discretion to permit or not permit certain persons to cross police lines, and the record before us fails to establish that he exercised his dscretion unreasonably.

Hui v. Sturbaum

222 Cal. App. 4th 1109 · California Court of Appeal · Jan 9, 2014

Hui‟s claims” because the conversation was covered by the qualified common interest privilege set forth in Section 47, subdivision (c). … The evidence favorable to the plaintiff is accepted as true, while the defendant‟s evidence is evaluated to determine if it defeats the plaintiff‟s claim as a matter of law, e.g., on grounds of privilege or immunity.

United Indian Health etc. v. Workers' Comp. Appeals Bd. CA1/5

California Court of Appeal · May 20, 2025

According to its bylaws, United Indian’s 1 United Indian does not contend that it qualifies as a “ ‘tribal organization’ ” under the Indian Self-Determination Act as a “legally established organization of Indians … However, the ALJ’s overall assessment remained 8 that United Indian had failed to establish its entitlement to sovereign immunity.

Herting v. State Department of Health Care Services

235 Cal. App. 4th 607 · California Court of Appeal · Mar 27, 2015

The qualifying trust is described in this regulation as “A trust established on or after August 11, 1993, which meets all of the following conditions: [¶] (A) A trust, or portion of a trust, that contains the assets of an … Clearly its central purpose was to ensure the availability of resources 5 for Alexandria’s care, not to serve as an estate-planning device.

People v. Davis

189 Cal. App. 3d 1177 · California Court of Appeal · Feb 26, 1987

However, I also am convinced appellant failed to establish a prima facie showing of discriminatory exclusion. Consequently, I still support affirmance of the conviction. … We essentially sanction any explanation no matter how careless the prosecutor may be with the truth or how unbiased and otherwise qualified the excluded minority juror or jurors may have been.

In Re Parker

60 Cal. App. 4th 1453 · California Court of Appeal · Jan 22, 1998

Because we, like other appellate courts that have reviewed the constitutionality of the Act, have determined the Act does not establish criminal proceedings but rather enacts civil involuntary confinement proceedings, 9 the … Such clearly reveals that the Legislature knows how to limit consideration of the petition to only a paper review.

Akins v. State of California

61 Cal. App. 4th 1 · California Court of Appeal · Jan 28, 1998

On the other hand, the damage potential of a defective public flood control project is clearly enormous. … However, the Belair court was speaking with reference to the facts present in that case; it was not establishing a rule of law that a flood control project becomes immune when storm conditions exceed design capacity.

Professional Engineers in California Government v. State Personnel Board

70 Cal. App. 3d 346 · California Court of Appeal · Jun 2, 1977

The new ATE class specification qualified that description: “Under direction, serves as resident engineer. . ..” … Although the May 1975 memorandum is clearly intended to avdid any conflict between the job description of the new ATE class and the Business and Professions Code, petitioners claim that conflict is inevita *353 ble because

Park v. Board of Trustees of Cal. State. Univ.

California Court of Appeal · Sep 1, 2015

As such, CSU has met its burden to establish that its statements made in connection with Park’s RTP process qualify as protected conduct under section 425.16, subdivision (e)(2). 2. … “Arising From” Having established its qualifying communicative conduct, CSU must also show that Park’s claims arise out of that protected activity.

Terry v. Conlan

33 Cal. Rptr. 3d 603 · California Court of Appeal · Aug 16, 2005

The facts clearly show there was no meeting of the minds on material terms, most notably what the meaning of an independent manager of the Castroville Ranch was, and whether the trust should be qualified as a QTIP Trust. … Also like Whittlesey , lone initiated the litigation to establish her rights under the trust. The Children in turn asserted the contrary position that they had rights under the trust.

People v. Williams

3 Cal. App. 4th 1326 · California Court of Appeal · Feb 25, 1992

At the beginning of trial appellant moved for an order excluding evidence of nystagmus unless the prosecutor first established a proper foundation outside the jury’s presence. He cited People v. … He drew a conclusion from the testing only because of his knowledge, training, and experience which was clearly beyond common experience.

Crown City Lodge, I. O. O. F., No. 395 v. Industrial Accident Commission

10 Cal. App. 2d 83 · California Court of Appeal · Nov 8, 1935

F., #395 who is a qualified journeyman or helper in the City of Pasadena, but will insist on furnishing the foreman to represent our firm as well as satisfying the City of Pasadena Inspection Department. ’ ’ Before said bid … In that connection, the agreement between the parties, as hereinbefore has been substantially set forth, very clearly indicates that (paraphrasing the language in 13 Cal.

Wheeler v. Department of Motor Vehicles

34 Cal. App. 4th 228 · California Court of Appeal · Mar 24, 1994

In such a situation, section 23158.2 would clearly require the officer to swear to firsthand observations. (McKinney v. Department of Motor Vehicles (1992) 5 Cal.App.4th 519, 525 [ 7 Cal.Rptr.2d 18 ].) … Given the ‘emphatic’ mandate of Government Code section 11513 against sole reliance on hearsay evidence . . . and the fact that the test result was clearly the critical piece of evidence establishing that appellant’s blood-alcohol

People v. Coe

228 Cal. App. 3d 526 · California Court of Appeal · Mar 14, 1991

The illegal seizure of the tools in 1982 does not give appellants immunity to use those same tools to commit new crimes. In United States v. … Third, the circumstances were clearly independent and intervening, in that appellants committed new crimes while completely free of police custody during this period and abandoned some of the tools at the scenes of the crimes

People v. McCullough

222 Cal. App. 2d 712 · California Court of Appeal · Dec 2, 1963

It strikes a balance between a person’s interest in immunity from police interference and the "community’s interest in law enforcement. … The cited statutes clearly define appellant’s offense as a felony.

Beard v. Webb

35 Cal. App. 332 · California Court of Appeal · Nov 19, 1917

Section 1 of said act provides: “Boards of school trustees and city boards of education are hereby authorized to establish health and development supervision in the public schools of this state and to employ an examining … It was clearly the intention of the legislature in the enactment of the later statute to provide for the employment of any professional man whose services might be needed to promote the health of the pupils.

People v. Bunkers

2 Cal. App. 197 · California Court of Appeal · Nov 16, 1905

The evidence clearly shows that neither the Phoenix nor the Renters’ associations were investigated, and that no subpoenas were issued for officers df said associations. … And it cannot be said that the conduct of said witnesses, or any one of them, conclusively establishes a criminal intent.

Cuiellette v. City of Los Angeles

194 Cal. App. 4th 757 · California Court of Appeal · Apr 22, 2011

For purposes of an alleged failure reasonably to accommodate a disability, a “plaintiff proves he or she is a qualified individual by establishing that he or she can perform the essential functions of the position to which … For purposes of a claimed failure reasonably to accommodate a disability, a “plaintiff proves he or she is a qualified individual by establishing that he or she can perform the essential functions of the position to which