Case law

Arthur L. Sachs, Inc. v. City of Oceanside

151 Cal. App. 3d 315 · California Court of Appeal · Jan 26, 1984

“No rule is more firmly established in this state than that which holds that the amendment of pleadings is within the sound discretion of the trial court. [Citations.] … We cannot agree with the trial court, because the delays were the direct result of the District counsel’s failure to deliver discovery items to which Sachs was clearly entitled.

People v. Traylor

23 Cal. App. 3d 323 · California Court of Appeal · Feb 4, 1972

Clearly a legislature can react differently to- the probable motives of a prosecutor who requests immunity, and those of a defendant in a criminal case. III. … During the People’s rebuttal a police officer qualified as an expert on narcotics use was permitted, over defendant’s objections, to examine defendant for evidence of such use.

City of Chico v. Superior Court

California Court of Appeal · Aug 30, 2021

park established in 1905 and is comprised of 3,670 acres. … The policy underlying section 831.2 clearly applies here. D.

Nazar v. Rodeffer

184 Cal. App. 3d 546 · California Court of Appeal · Aug 18, 1986

The moving defendant whose declarations omit facts as to any such theory or its qualifying excuse or justification permits that portion of the complaint to be unchallenged. … “‘A moving defendant must show clearly that plaintiff’s action has no merit.

Keyes v. Santa Clara Valley Water District

128 Cal. App. 3d 882 · California Court of Appeal · Feb 17, 1982

831.8 providing for qualified governmental immunity relating to artificial conditions of reservoirs and canals. … On the other hand, section 831.8 sets forth a qualified governmental immunity for artificial conditions arising from man-made water impoundment and distribution improvements and facilities, such as reservoirs, canals, conduits

United Indian Health etc. v. Workers' Comp. Appeals Bd.

California Court of Appeal · Jun 10, 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.

People v. Victor Wayman

189 Cal. App. 4th 215 · California Court of Appeal · Oct 15, 2010

By its terms, it provides immunity from criminal liability only when a qualified patient “transports . . . marijuana for his or her own personal medical use.” (§ 11362.765, subd. (b)(1), italics added.) … limitations on the amount of marijuana a qualified patient may possess.

First American Title Insurance & Trust Co. v. Franchise Tax Board

15 Cal. App. 3d 343 · California Court of Appeal · Feb 17, 1971

Los Angeles (1914) 168 Cal. 764 [ 145 P. 94 ], adds the point that the immunity of insurance companies cannot be overcome by a tax upon agents rather than directly upon the insurer. … Advice is requested as to whether taxpayer is entitled to prorate the franchise tax upon qualifying as an insurance company.

Guess v. State of California

96 Cal. App. 3d 111 · California Court of Appeal · Aug 20, 1979

As we explain below, however, the liability established by these statutes must fall before the broad, absolute immunity provided defendants by section 854.8. Section 855.8 is very similar to section 856. … Section 815 provides that a public entity is immune from suit unless liability is established by statute.

People v. CHR Herbal Remedies

California Court of Appeal · Jun 13, 2017

Defendants argued they should thus be allowed to present a defense at trial that they qualified for immunity because they substantially complied with the distance requirements. … LAMC section 45.19.6.2, subdivision A, makes it a misdemeanor to “own, establish, operate, use, or permit the establishment or operation of a[n] [MMB] . . . .” in the City.

Black v. L.A. County Metropolitan Transp. Authority

California Court of Appeal · Dec 2, 2025

Alternatively, defendants argued as public entities, they are immune from common law liability for wrongful termination in violation of public policy and also immune from causes of action for misrepresentation under Labor … We conclude an entity can qualify as a public entity for purposes of the GCA despite not having the powers of taxation or eminent domain.

Julian v. Mission Community Hospital

California Court of Appeal · May 23, 2017

Qualified immunity, however, “shields public officers from section 1983 actions unless the officer has violated a clearly established constitutional right” (Mendoza v. … ‘If no constitutional right would have been violated were the allegations established,’ then the qualified immunity inquiry ends. [Citation.]

Moore v. City of Torrance

101 Cal. App. 3d 66 · California Court of Appeal · Oct 24, 1979

Plaintiff argues that section 846 in granting immunity is a general statute, whereas section 835 is a specific statute because it creates liability only after plaintiff has established by a preponderance of the evidence that … Water Dist., supra, 66 Cal.App.3d 725 , however, clearly refutes this argument.

In re Internet Lending Cases

California Court of Appeal · Aug 17, 2020

“Put simply, a state may claim immunity from suit in federal court and must be dismissed from the litigation unless there exists one of two well-established exceptions. … According to Rosas, by agreeing to assume CLK’s liabilities, AMG “ ‘clearly contemplated suits’ and thereby waived any immunity it otherwise would have had.”

Campo Band of Mission Indians v. Superior Court

39 Cal. Rptr. 3d 875 · California Court of Appeal · Mar 1, 2006

The regulation appears to clearly state that the Tribe waives its sovereign immunity from suit solely with regard to the enforcement of an award obtained in arbitration. … The necessary corollary of this limitation on waiver of immunity is that the Tribe has not clearly waived it sovereign immunity as to any other aspect of the patron’s claim or the arbitration process.

Krikorian v. Barry

196 Cal. App. 3d 1211 · California Court of Appeal · Dec 10, 1987

Apart from whether sufficient facts are alleged to establish these causes of action, a threshold question must be answered. … The Legislature’s use of the highlighted language clearly contemplates that, in most cases, mandatory child abuse reporting will be preceded by the rendering of professional services by the party making the report.

Colome v. State Athletic Commission

47 Cal. App. 4th 1444 · California Court of Appeal · Jul 29, 1996

Does the Commission have the protection of sovereign immunity? 3. Do the Commission employees enjoy immunity? 4. Does the physician employed by the Commission enjoy immunity? … Immunity applies.

Gonzales v. City of San Diego

130 Cal. App. 3d 882 · California Court of Appeal · Apr 20, 1982

Moreover, “[u]nless the Legislature has clearly provided for immunity, the important societal goal of compensating injured parties for damages caused by wilful or negligent acts must prevail.” (Ramos v. … City’s Potential Liability Can Be Predicated Upon Section 835 Section 815 3 establishes sovereign immunity in this state except as provided in the Tort Claims Act or other statute. (Williams v.

Duckett v. Pistoresi Ambulance Service, Inc.

19 Cal. App. 4th 1525 · California Court of Appeal · Nov 2, 1993

Section 1799.100 does not contain such limiting language which, the court held, “clearly reflects the Legislature’s intention not to limit immunity to third party actions.” (222 Cal.App.3d at p. 776.) … Thus, Pistoresi qualifies as a private organization which sponsors, supports and supervises EMT trainees.

Old Town Dev. Corp. v. Urban Renewal Agency of Monterey

249 Cal. App. 2d 313 · California Court of Appeal · Mar 9, 1967

If there is only one bidder, the land will be sold to him at the established minimum price. … Old Town seeks to recover for breach of contract, which is not covered by the immunities which have been noted. (See Gov. Code, § 814.)