Case law

Park v. Bd. of Trustees of CA State Univ.

California Court of Appeal · Aug 27, 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.

Dible v. Haight Ashbury Free Clinics, Inc.

170 Cal. App. 4th 843 · California Court of Appeal · Jan 26, 2009

They certainly qualify as statements made “before a legislative, executive, or judicial proceeding, or any other official proceeding” (§ 425.16, subd. … Even if plaintiff’s claim of intent is correct, it simply further establishes her claim as one covered by the statute since “institutional problems” at the county jail are clearly matters of public concern. (§ 425.16, subd

Homan v. Gomez

37 Cal. App. 4th 597 · California Court of Appeal · Aug 4, 1995

If a statute embraces a subject not expressed in its title, only the part not expressed is void. . . .” 3 The single subject rule essentially requires that a statute have only one subject matter and that the subject be clearly … The budget restriction at issue here amends the regulations which provide for family leave for all qualified prisoners “limited only by the institution/facility resources or security policy.” (Cal.

Cullinan v. Dunne

85 Cal. App. 3d 219 · California Court of Appeal · Sep 29, 1978

Thus, it is reasoned, only the specific gifts or “bequests” of personal property provided under the third paragraph are immunized from the normal consequences of proportionate federal estate tax liability and state succession … In discharging that duty we are governed by established rules of testamentary construction: “The presumption of a technical meaning *226 established by section 106 is subordinate to the dominant purpose of finding and effecting

Mayo v. White

178 Cal. App. 3d 1083 · California Court of Appeal · Mar 17, 1986

The disclaimer was the functional equivalent of an assignment of the parents’ cause of action for wrongful death to persons not qualified to maintain such a suit. … Case law has established the principle that a party may not be both plaintiff and defendant in the same action. (O’Morrow v.

City and County of San Francisco v. STATE OF CALIF

87 Cal. App. 3d 959 · California Court of Appeal · Dec 29, 1978

The right of the counties to contract, and to establish procedures, for the purchase of supportive services is circumscribed in the *962 statute 2 (§ 12302.1). … In order to qualify for the sizable federal aid, a state must comply with the conditions embodied in title XX of the Social Security Act ( 42 U.S.C. § 1397 et seq.).

People v. Bradford

227 Cal. App. 4th 1322 · California Court of Appeal · Jul 15, 2014

The test presupposes the adjudicated crime includes some elements that may, but do not necessarily, establish that it qualifies as a strike under California law. (See id. at pp. 453-454; People v. … , and there is no evidence to clearly establish they were being carried for use as a weapon.

Pinion v. State Personnel Board

29 Cal. App. 2d 314 · California Court of Appeal · Nov 17, 1938

In the order of the Personnel Board establishing classes of positions in the motor vehicle department some seventeen such classes were so established. … That such is not the law seems to us to be clearly set forth in the case of Otto v. Reardon, 21 Cal. App. (2d) 260 [ 69 Pac. (2d) 185 ], In fact that case appears to dispose of many of the questions here presented.

Guerra v. Young CA4/2

California Court of Appeal · Mar 14, 2014

(b)(2)); (2) quasi-judicial immunity; and (3) the statute of limitations for malpractice actions against a health care provider (Code Civ. Proc., § 340.5). … Finally, after a person has qualified initially, he or she must complete certain continuing education and experience requirements to remain qualified. (Id., rule 5.225(g), (i).)

Hops v. Poe

25 Cal. App. 451 · California Court of Appeal · Sep 12, 1914

Section 4 of “An act to provide for the regulation of the traffic in alcoholic liquors by establishing local option” (Stats. 1909, p. 599) directs the clerk within ten days after filing such petition, if he is satisfied itfis … Roberts, 145 Cal. 173 , [ 78 Pac. 537 ], was clearly a different case.

People v. Smith

180 Cal. App. 3d 72 · California Court of Appeal · Apr 22, 1986

These words “further review” clearly demonstrate that section 1538.5 only authorizes review of a search and seizure question which has been originally presented to the trial court. … The court found that an “enclosed back yard whose outer boundary was within yards of appellant’s dwelling clearly satisfies [the] definition” of curtilage. (Id., at p. 377.)

Wilson v. Leo

19 Cal. App. 793 · California Court of Appeal · Sep 25, 1912

The question therefore presented is whether or not the matters stated in the affidavit were sufficient to establish the fact that defendant could not be found in the state. … No effort was made to obtain service through the sheriff of the county, whose official duty it is to serve process; nor is it made to appear that the two persons directed to make the service were in any manner qualified to

People v. Keating

21 Cal. App. 4th 145 · California Court of Appeal · Dec 21, 1993

In support of the trial court’s ruling, relying on established principles, Keating argues that the Corporate Securities Law does not, on its face, prohibit selling qualified securities in violation of conditions in the authorizing … Penal statutes will not be made to reach beyond their plain intent; they include only those offenses coming clearly within the import of their language. [Citation.]

Burch v. Valley Motor Lines, Inc.

78 Cal. App. 2d 834 · California Court of Appeal · Apr 1, 1947

These statements clearly show the reason why the tendered testimony was held improper. … The speed of any vehicle upon a highway not in excess of the limits specified in this section or established as authorized in this code is lawful unless clearly proved to be in violation of the basic rule declared in Section

Clinton v. Superior Court

23 Cal. App. 2d 342 · California Court of Appeal · Nov 4, 1937

deputies, proceeded to insist that the taking of testimony cease and that your Petitioner present a full statement to the Criminal Complaints Committee, so-called, of the Grand Jury of all the matters that he intended to establish … The law clearly contemplates that such questions shall be decided by the grand jury as an official body and shall not be decided merely by one of its members.

Gilbert v. Corlett

171 Cal. App. 2d 116 · California Court of Appeal · Jun 4, 1959

The contention is clearly without merit. While Mr. … And it is well established that a statement of what might otherwise be an opinion, if based on alleged facts, is a statement of fact and not a statement of an opinion.”

Hammond v. McDonald

49 Cal. App. 2d 671 · California Court of Appeal · Feb 11, 1942

A mere reading of its terms demonstrates clearly and unerringly that once the bona fide character of the hotel, - restaurant, cafe, etc., as such, is determined, then the sale of liquor, either with or without meals, is permitted … I feel that if the place in question, exclusive of the sale of liquor, could qualify as a bona fide restaurant, cafe, etc., as these terms are commonly known and understood—that is to say, is prepared to furnish meals and

People v. Dunlap

18 Cal. App. 4th 1468 · California Court of Appeal · Sep 22, 1993

In addition, the printout contains information, the accuracy of which is established by other evidence. … We further note that the two cases cited in Matthews are clearly distinguishable.

People v. White

179 Cal. App. 3d 193 · California Court of Appeal · Mar 26, 1986

In support of his contention that the prosecution “had to establish beyond a reasonable doubt that appellant’s conduct was sexually motivated,” appellant argues: “The word sexual immediately precedes and qualifies the words … Hardin (1983) 149 Cal.App.3d 994 , at page 1000, the qualifying or modifying word ‘sexual’ must be read to qualify the word ‘abuse.’

People v. Billon

266 Cal. App. 2d 537 · California Court of Appeal · Oct 16, 1968

It is also a matter of common knowledge that crime is increasing at an alarming rate throughout the United States and that the State of California is not immune from this social problem. … This fact is an essential element of the charged offense, and unless it is proven, violation of the statute is not established.