Case law

Piedra v. City of Long Beach CA2/3

California Court of Appeal · Dec 9, 2024

“A longstanding rule of statutory construction—the ‘last antecedent rule’—provides that ‘qualifying words, phrases and clauses are to be applied to the words or phrases immediately preceding and are not to be construed as … The decision that the pit bull did not constitute a vicious animal was clearly an exercise of discretion as discussed above. 4 Pursuant to Municipal Code section 6.16.260, “Any law enforcement officer or Animal Care

People v. Woodberry

10 Cal. App. 3d 695 · California Court of Appeal · Aug 21, 1970

At the first trial, Magee was granted immunity from further prosecution and the case against him ordered dismissed (Pen. Code, § 1324) provided that he comply with the court’s order to testify at that trial. … Here, Magee, after answering the first few questions, refused to testify at all and would neither admit, deny nor qualify the earlier statements which contradicted his testimony.

Asahi Kasei Pharma Corp. v. Actelion Ltd.

222 Cal. App. 4th 945 · California Court of Appeal · Dec 18, 2013

“THE COURT: It clearly seeks to elicit a statement of a third party and the hearsay objection is sustained. … The first two subfactors are clearly inapplicable.” (Id. at p. 1180.)

ABI, Inc. v. City of Los Angeles

153 Cal. App. 3d 669 · California Court of Appeal · Mar 26, 1984

By building dwelling units whose purchase prices do not exceed a prescribed limit, developers qualify to participate in the program and use the available below-market interest mortgage financing to attract qualified buyers … If the City wanted to claim the developer fee as liquidated damages, upon reallocation, it should have written the instrument to say so in a manner which would clearly express this intention.

People v. Shaw

115 Cal. App. 2d 597 · California Court of Appeal · Jan 29, 1953

That the two types of offense are separate and distinct is too well established to require extended discussion. … In our case we find no instructions given that could appropriately serve to qualify, explain and clarify the questioned instruction. (See People v.

In re Taylor

88 Cal. App. 4th 1100 · California Court of Appeal · May 4, 2001

The judgment of conviction only establishes proof of each element necessarily adjudicated therein. … Assuming arguendo that Taylor was denied his right to a jury trial, the error was harmless because the record clearly demonstrates that his prior burglary convictions were residential burglaries and were thus serious felonies

Board of Directors v. Westenberg

57 Cal. App. 2d 90 · California Court of Appeal · Feb 10, 1943

The record clearly shows that the only check on the sufficiency of the signatures on the petition was made by the secretary of the district. … Qualified electors are not required to sign the petition under section 2, yet the petition recites that the signers are qualified electors residing in the district.

Gund v. County of Trinity

California Court of Appeal · Jun 4, 2018

However, responding to 911 calls for unspecified help is clearly active law enforcement. … Board of Administration of California Public Employee Retirement System (2010) 184 Cal.App.4th 1, that deputy coroners do not qualify for enhanced retirement benefits (Gov. Code, § 20436, subd.

People v. Matthews

112 Cal. App. 3d 11 · California Court of Appeal · Nov 13, 1980

But, in that event, the evidence falls short in that there is nothing to establish either the permanency of the location as an established checkpoint or its hours of operation. … The minimal intrusion itself constitutes an invasion of the sphere of privacy expected to be immune from such invasion.

Alexander v. State Personnel Board

95 Cal. Rptr. 2d 324 · California Court of Appeal · Apr 28, 2000

qualified or as to relative level of qualification.” … clearly in mind.

McCormick v. Woodmen of the World

57 Cal. App. 568 · California Court of Appeal · May 4, 1922

law implies that in every contract of insurance upon human life that the insurer will pay the indemnity upon proof by competent evidence judicially tested and weighed by the law of the land, and such contracts ought to be immune … Such an agreement clearly impairs the vested right of the insured to have the amount of his policy paid to his beneficiary, upon his *572 death. (Olson v. Modern Woodmen of America, 182 Iowa, 1018 [L. R.

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.

Kroupa v. Oak Park Theatre Co.

111 Cal. App. 2d 514 · California Court of Appeal · Jun 4, 1952

To hold otherwise would be to give to an artificial person immunity not enjoyed by a natural one. A corporation acts through its officers and servants. … When the plaintiff established the fact that the driver of the motor truck was a servant of the defendant acting under orders of one of its officers who had authority to direct him in his work, a prima facie case was established

Mansfield v. Hyde

112 Cal. App. 2d 133 · California Court of Appeal · Jun 30, 1952

Plaintiff argues that the judgment is contrary to law, the findings are not supported by the evidence, that defendant clearly comes within the provisions of section 1620 of the Welfare and Institutions Code, since the evidence … It may consist of additional duties and services, depending upon the particular training, qualification, special skill, and talent of those who hold themselves out as qualified to do certain things with children which serve

People v. Terry

26 Cal. Rptr. 3d 71 · California Court of Appeal · Mar 17, 2005

(b)) excluding masturbation that was not mutual, and there was independent evidence that clearly and convincingly corroborated the victim’s allegation. … Continuous sexual abuse of a child in violation of section 288.5 clearly is a continuing offense.

Zumbrun v. University of Southern California

25 Cal. App. 3d 1 · California Court of Appeal · Apr 18, 1972

It was enough to enable plaintiff to academically qualify for advanced courses for which it was a prerequisite. … (We omit consideration of claims for punitive damages, as establishment of compensatory damages is a prerequisite to any punitive damages.)

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).)

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

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.

City of Fairfield v. Dayton CA1/4

California Court of Appeal · Nov 2, 2020

damages unless their conduct violates ‘clearly established statutory or constitutional rights of which a reasonable person would have known.’ ” (Mitchell v. … Because the notice was issued in conformity with the governing statutes, Doyle is entitled to qualified immunity.