Case law

CBS Broadcasting Inc. v. Superior Court

91 Cal. App. 4th 892 · California Court of Appeal · Aug 21, 2001

“An exemption is denied for such an applicant if the applicant fails to establish his or her ‘good character.’ … It merely incorporates other prohibitions established by law.” (CBS, Inc. v. Block, supra, 42 Cal.3d at p. 656 .)

Tuolumne County Deputy Sheriffs' Ass'n v. Board of Administration

209 Cal. App. 3d 1236 · California Court of Appeal · Apr 26, 1989

officer or employee of a sheriff’s office of a contracting agency, except one whose principal duties are those of a telephone operator, clerk, stenographer, machinist, mechanic, or otherwise, and whose functions do not clearly … Second, employees point to the record herein and unrelated case law as establishing that they were engaged in “active law enforcement service,” under the general provisions of section 20021.5, because the record demonstrated

In Re Smith

134 Cal. Rptr. 2d 781 · California Court of Appeal · Jun 5, 2003

His most recent CD4 count, a marker of immune status, was 190 suggesting some degree of immune suppression. … As a result, there is no evidence tending to establish unsuitability for parole. (Cal. Code Regs., tit. 15, § 2402, subd, (c).)

Buzgheia v. Leasco Sierra Grove

30 Cal. App. 4th 766 · California Court of Appeal · Nov 30, 1994

Proc., § 995.170), and can establish sufficient net worth from her separate property, she is qualified to act as a surety for her husband. II Relying on Markley v. … The statute clearly states that where, as here, there are more than two personal sureties, the net worth of any particular individual is unimportant as long as the aggregate of all the sureties is twice the amount of the

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

Torres v. City of Yorba Linda

13 Cal. App. 4th 1035 · California Court of Appeal · Feb 24, 1993

First, Stocks is clearly distinguishable from the present case. … The case law clearly establishes plaintiffs are not similarly situated with others determined to have standing under these circumstances

Miller v. National Broadcasting Co.

187 Cal. App. 3d 1463 · California Court of Appeal · Dec 18, 1986

Thus, they committed an intentional tort, which rendered the actors’ more refined motivation or intentions immaterial in terms of establishing that commission. … This conduct does not establish the complaint in this case as that of overly sensitive people.

People v. Reilly

196 Cal. App. 3d 1127 · California Court of Appeal · Dec 9, 1987

We see no reason to judicially impose a “guidelines” requirement when the general scientific community clearly does not. On this record, the People have met their burden under Kelly/Frye. … to qualify him as an expert on the subject to which his testimony relates.’

Schneider v. United Airlines, Inc.

208 Cal. App. 3d 71 · California Court of Appeal · Feb 28, 1989

The original complaint for defamation (libel) was filed by appellants on March 19, 1982. 1 The stipulated facts and documentary evidence introduced *74 at the bifurcated trial establish that in April of 1980, respondents … “The cases in California and elsewhere which have evaluated the Uniform Single Publication Act demonstrate that the act was not designed to give unending immunity for repeated publications of libelous matter.”

Ghafur v. Bernstein

32 Cal. Rptr. 3d 626 · California Court of Appeal · Aug 11, 2005

Whether public school board members and superintendents qualify for public official status has not been considered a close question. … Co., supra, 899 P.2d at p. 1189 [school board vice-president “clearly” meets the test for public official status].)

Park v. Board of Trustees

21 Cal. App. 3d 630 · California Court of Appeal · Nov 24, 1971

Said union and Northern and Central California Chapter, The Associated General Contractors of America, Inc., entered into a trust agree *632 ment on December 30, 1959, providing for the establishment of a pension plan administered … Park was in all respects qualified and entitled to maximum benefits under said pension plan.

People v. Solis

109 Cal. Rptr. 2d 464 · California Court of Appeal · Aug 10, 2001

Essentially he claims there is insufficient evidence to establish his identity as the perpetrator of the arson. … To establish prejudicial error, defendant urges: “Any fear that the victims suffered as a result of the statement itself clearly did not exceed [an] amount of time” greater than a momentary, fleeting or transitory period.

People v. Superior Court (Ahn)

California Court of Appeal · Nov 27, 2018

First, as noted in the majority opinion, the trial court’s grant of judgment on the pleadings for the Ahn parties was clearly erroneous and must be set aside. … So, all nonparticipating physicians would have to do to establish standing is plead they operate businesses providing services to patients who may qualify as terminal under

People v. $28,500 United States Currency

51 Cal. App. 4th 447 · California Court of Appeal · Dec 3, 1996

that the operator was qualified and competent. … Esqueda’s attorney objected to the use of this information since Esqueda was “granted immunity” in that case.

Santa Monica Municipal Employees Ass'n v. City of Santa Monica

191 Cal. App. 3d 1538 · California Court of Appeal · Apr 28, 1987

The Charter mandates for the hiring of qualified employees based on the applicants’ merit and fitness.” (Id., at p. 333.) … The trial court specifically found that prejudice to the City had not been clearly demonstrated nor had the City established that MEA’s members had been permanent employees for a sufficient span of time to invoke laches.

EEL River Disposal & Resource Recovery Inc. v. County of Humboldt

221 Cal. App. 4th 209 · California Court of Appeal · Nov 5, 2013

It found, however, that this statute conflicts with section 40059, which does not use the word ―responsible‖ or ―qualified‖ and, in the court‘s view, ―clearly allows [the County] to make the award to someone other than the … had no such technical or well-established legal meaning.

Guerrero v. Superior Court

213 Cal. App. 4th 912 · California Court of Appeal · Feb 11, 2013

The program compensates persons who provide the services to a qualifying incapacitated person.” (Basden v. … The IHSS program pays for specified services delivered to qualified recipients up to a maximum number of hours.

Sequoia Union High School District v. Aurora Charter High School

5 Cal. Rptr. 3d 86 · California Court of Appeal · Sep 25, 2003

Section 47614 clearly contemplates that multiple districts may have an obligation to provide facilities to a charter school. … Traditional mandamus lies “to correct abuses of discretion, and will lie to force a particular action by the [agency] when the law clearly establishes the petitioner’s right to such action.” (Miller Family Home, Inc. v.

Bonner v. Sisters of Providence Corp.

194 Cal. App. 3d 437 · California Court of Appeal · Aug 25, 1987

Given these undisputed facts, the BMQA proceedings were clearly irrelevant to the issue of respondent’s ability or fitness to comply with or meet appellants’ standards for medical staff privileges, and therefore inadmissible … in determining whether the professional is qualified to take on the additional responsibilities involved in a grant of hospital privileges.”

McGuire v. Employment Development Department

208 Cal. App. 4th 1035 · California Court of Appeal · Aug 22, 2012

In addition to requiring that a claimant qualify for regular benefits (id., subd. … By requiring the qualifying wages to be earned in the base period “with respect to which” the claimant exhausted his or her rights to regular benefits, the language of the Federal Act is clearly referring to the original