Case law

Thelander v. City of El Monte

147 Cal. App. 3d 736 · California Court of Appeal · Oct 3, 1983

[it] will lie to correct abuses of discretion, and will lie to force a particular action by the inferior tribunal or officer, when the law clearly establishes the petitioner’s right to such action.” … Furthermore, it justifiably found under the undisputed facts that “the law clearly establishes” Thelander’s right to a disability pension.

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.

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.

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.

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

Finke v. Walt Disney Co.

2 Cal. Rptr. 3d 436 · California Court of Appeal · Nov 12, 2003

This premise ignores the fact "the anti-SLAPP statute does not provide immunity." [41] Even if the defendant establishes the cause of action arises from an act in furtherance of the defendant's First Amendment rights the … Clearly, Disney's alleged threats were made in connection with articles reporting on the discovery sanctions in the Pooh litigation.

Scharf v. Regents of University of California

234 Cal. App. 3d 1393 · California Court of Appeal · Oct 4, 1991

The chairperson solicits letters from persons deemed qualified, including a reasonable number nominated by the candidate. … Our Supreme Court has on several occasions explained that the broad powers conferred upon the University under California Constitution, article IX, section 9 provide it general immunity from legislative regulation.

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.

Bowden v. Robinson

67 Cal. App. 3d 705 · California Court of Appeal · Mar 2, 1977

Establishing a violation, and obtaining recovery, under these new sections is so much less difficult than establishing common law fraud, that the Legislature has imposed a statute of limitations requiring that any cause of … Bowden that the shares of stock I had agreed to sell him were qualified and/or legal for issuance in the State of California.”

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.)

Guelfi v. Marin County Employees' Retirement Ass'n

145 Cal. App. 3d 297 · California Court of Appeal · Jul 22, 1983

the same grade or class who do qualify may not hold the same certificates. … Appellants themselves view that language as clearly indicating an intent that the Board use the day as a unit of measure.

Castro-Ramirez v. Dependable Highway Express, Inc.

2 Cal. App. 5th 1028 · California Court of Appeal · Aug 29, 2016

“[T]he term ‘discriminate against a qualified individual on the basis of disability’ includes,” among other things, ‘“excluding or otherwise denying equal jobs or benefits to a qualified individual because of the known disability … Elsewhere, the ADA states “ ‘discriminating] against a qualified individual on the basis of disability’ ” also includes “not making reasonable accommodations to the known physical or mental limitations of an otherwise qualified

Webber v. Inland Empire Investments, Inc.

88 Cal. Rptr. 2d 594 · California Court of Appeal · Aug 10, 1999

As to proposed special instruction No. 13, it was not clearly applicable to the facts here. As Mr. Webber points out, the so-called manager’s privilege is a qualified one, and it does not apply to actions taken by Mr. … If so, the qualified privilege would not apply.

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.

People v. Glascock

124 Cal. App. 2d 169 · California Court of Appeal · Mar 25, 1954

An officer who was qualified as an expert on bookmaking, book recording and pool selling in Los Angeles testified that bookmakers or pool sellers in the county commonly used telephones, radios, pieces of paper, slates and … Clearly this is not the situation in the case at bar.

People v. Osuna

251 Cal. App. 2d 528 · California Court of Appeal · Jun 2, 1967

On this point the defendants contend that the crime of pandering requires either proof of actual prostitution or proof that an establishment has been operated as a house of prostitution. … The pandering in this case were clearly completed crimes.

Baird v. Smith

21 Cal. App. 2d 221 · California Court of Appeal · May 28, 1937

If the convenience of eight or ten physicians and half a dozen employees of a prominent institution like the University of California Hospital does not establish just cause for a change of the place of trial of a suit without … The Wrin case, supra, upon which the respondent relies, is clearly distinguishable from the facts of this case In affirming an order changing the place of trial, the court there said that the witnesses upon whom the appellant

Skelton v. City of Brentwood CA1/1

California Court of Appeal · Nov 29, 2023

Here, the trial court interpreted Amberger-Warren and Arvizu to establish that trail immunity applies if the trail “ ‘provides access to [the dangerous condition] and exposure to the alleged danger.’ ” (Quoting Amberger-Warren … These contentions, however, have not been factually established.

Handyman Connection of Sacramento, Inc. v. Sands

20 Cal. Rptr. 3d 727 · California Court of Appeal · Oct 29, 2004

As we have shown, the Board’s interpretations of both provisions are clearly in keeping with their language and purpose. … As a matter of fact, the “Agreement” does not “incorporatef]” the “Labor Estimate” because *898 it does not “clearly describeQ” that document (or even mention it).