Case law

Swaithes v. Superior Court

212 Cal. App. 3d 1082 · California Court of Appeal · Aug 2, 1989

Failure to complete discovery or other pretrial matters does not affect the absolute substantive right to trial preference for those litigants who qualify for preference under subdivision (a) of section 36. … Elderly litigants are clearly entitled to have their case effectively tried and to the opportunity to enjoy during their own lifetime any benefits received.

Akopiantz v. Board of Medical Examiners

190 Cal. App. 2d 81 · California Court of Appeal · Mar 15, 1961

The court said: “It is apparent that the action of the board . . . does not show such a consistent course of admission of graduates of the school as to establish a de facto *88 or qualified approval. … Admission to practice in another state does not per se qualify for a reciprocity license in California.

Korean Air Lines Co. v. County of Los Angeles

76 Cal. Rptr. 3d 26 · California Court of Appeal · Apr 4, 2008

If the public owner retains sufficient control, the user may be considered to be an agent, and the public entity’s immunity from taxation extends to the user. [Citation.] … Other factors also support a conclusion that plaintiff’s use of the FIS area qualifies as “independent.”

People v. Triplett

California Court of Appeal · Feb 8, 2016

the published portion of this opinion, we conclude that in determining a defendant‟s eligibility for resentencing under the Act, the trial court may consider, in addition to the record of conviction, any facts the parties clearly … It created a new crime of shoplifting, “defined as entering a commercial establishment with intent to commit larceny while that establishment is open during regular business hours, where the value of the property that is

Carden v. Board of Registration for Professional Engineers

174 Cal. App. 3d 736 · California Court of Appeal · Oct 28, 1985

Appellant argues that “full credit should be given to an individual as long as it can be established by a preponderance of the evidence that the primary function of his/her job is the accomplishment of qualified engineering … Code, § 6701.) 2 Section 6767 also required the board to establish a final filing date for applications “no later than three years following the adoption of regulations by the board establishing each such discipline.”

City of Los Angeles v. Layton

269 Cal. App. 2d 567 · California Court of Appeal · Feb 10, 1969

Its charter was adopted by a majority of its qualified electors voting at a special election. … A con *572 struction in favor of the exercise of the power and against the existence of any limitation or restriction thereon which is not expressly stated in the charter is clearly indicated.

Hooks v. City of Los Angeles CA2/8

California Court of Appeal · Jan 13, 2015

To that end, a qualified immunity from liability shall be provided for public entities and emergency rescue personnel providing emergency services. … immunity under Health and Safety Code section 1799.107.”

People v. Keding CA1/1

California Court of Appeal · Dec 26, 2013

The CUA does not grant immunity from arrest for those crimes, however. … Thus, his status as a “qualified patient” under the CUA and MMP did not immunize him from reasonable police investigations or searches. (People v. Strasburg, supra, 148 Cal.App.4th at p. 1058.)

In Re Groundwater Cases

64 Cal. Rptr. 3d 827 · California Court of Appeal · Aug 24, 2007

Such a challenge is clearly prohibited by Hartwell, and for good reason. (Hartwell, supra, 27 Cal.4th at p. 276 .) … The cases they cite are clearly distinguishable.

People v. James H.

65 Cal. Rptr. 3d 410 · California Court of Appeal · Aug 31, 2007

[I]t should not “be presumed that the Legislature in the enactment of statutes intends to overthrow long-established principles of law unless such intention is made clearly to appear either by express declaration or by necessary … In a number of cases, the records from potentially qualifying juvenile adjudications will remain unsealed.

Curtis v. Super. Ct.

California Court of Appeal · Mar 24, 2021

Thus, because the qualified privilege applies, the “party seeking disclosure has the burden of establishing that denial of disclosure will unfairly prejudice the party in preparing its claim or defense or will result in injustice … Superior Court (1964) 231 Cal.App.2d 195, 202-203 [“[c]onsultation between expert and counsel may appropriately be given broad immunity from discovery” until the expert is called as a witness at trial and shown to be qualified

City of Chino v. Superior Court

255 Cal. App. 2d 747 · California Court of Appeal · Nov 7, 1967

Statutes waiving the immunity of the United States from suit must be strictly construed. (United States v. Lindholm, 79 F.2d 784 [103 A.L.R 213].) … Jennings, supra, appropriative rights cannot be established by a class action.

Huntington Landmark Adult Community Ass'n v. Ross

213 Cal. App. 3d 1012 · California Court of Appeal · Aug 31, 1989

We hold the evidence supports the trial court’s determination such a facility is clearly within the definition of a senior citizen housing development as it is used in Civil Code section 51.3. 2 II Defendants argue that Shane … “In light of the public policy reflected by these legislative enactments, age qualifications as to a housing facility reserved for older citizens can operate as a reasonable and permissible means under the Unruh Act of establishing

Tucker v. CBS Radio Stations, Inc.

194 Cal. App. 4th 1246 · California Court of Appeal · Apr 29, 2011

Thereafter, Aaron, who was wearing a helmet and could not hear clearly over the noise of many off-road vehicles, heard someone say “train.” Aaron then looked and saw a southbound train approaching. … Again, the Tuckers do not cite any authority that these regulations establish a duty of care.

Consumer Watchdog v. Department of Managed Health Care

225 Cal. App. 4th 862 · California Court of Appeal · Apr 23, 2014

While there can be no doubt that the treatment plan for providing ABA to any autistic child must be established, modified, and supervised by a qualified expert in ABA, the evidence in this case indicates that the actual delivery … autism service provider,” and be administered by either a qualified autism service provider, or a “qualified autism service professional” or “qualified autism service paraprofessional” supervised by the qualified autism

People v. Davenport

219 Cal. App. 3d 885 · California Court of Appeal · Apr 18, 1990

The cases are clearly distinguishable. Gauze and a roommate quarreled at a friend’s house. The roommate returned to their apartment. Gauze borrowed a shotgun, entered their apartment, and shot the roommate. … His right of entry under Civil Code section 5102 was qualified to a lawful purpose. The People met their burden of proof that appellant’s entry was for an unlawful purpose.

Clark v. California Employment Stabilization Commission

166 Cal. App. 2d 326 · California Court of Appeal · Dec 17, 1958

City of Los Angeles, 33 Cal.App. 675, 679, 680 [ 166 P. 387 ], the court said: “It must be clearly shown that the legislation attacked makes an improper discrimination by conferring particular privileges upon a class of persons … The facts in the case at bar do not establish an improper discrimination under the principles stated in the cited ease.

Myers v. Herskowitz

33 Cal. App. 581 · California Court of Appeal · May 7, 1917

To establish such waiver the evidence must indicate a meeting of minds and the intentional forbearance to enforce a right. (Alden v. Mayfield, 164 Cal. 6, at p. 11 , [ 27 Pac. 45 ].) … Under these circumstances, we perceive no reason why plaintiff’s acceptance of compensation to which he was clearly entitled should force upon him an implied waiver which he did not intend and which evidently the defendant

Kern County Department of Human Services v. Monica G.

111 Cal. App. 4th 1353 · California Court of Appeal · Aug 14, 2003

After argument, the court denied appellant’s motions, finding she did not qualify as either a de facto parent or a presumed mother. … In sum, we conclude appellant established an unrebutted presumption of maternity.

People v. Superior Court (Clements)

200 Cal. App. 3d 491 · California Court of Appeal · Apr 18, 1988

Where, as here, a statute’s language is unambiguous, the court’s task of statutory construction is at an end unless enforcement of the literal language would contravene a clearly expressed legislative intention.” … The presumption of innocence is of undoubted importance in assigning the burden of proof at trial, but it is not a grant of immunity from pretrial inconvenience.