Case law

Douglass v. Douglass

70 Cal. App. 2d 279 · California Court of Appeal · Jul 26, 1945

It clearly signifies a meaning just the opposite. … In common understanding the expression ‘personal effects,’ without qualifying words, includes only such tangible property as attends the person, or, as variously stated, ‘such tangible property as is worn or carried about

Whaley v. Kirby

208 Cal. App. 2d 232 · California Court of Appeal · Oct 4, 1962

The weight of authority today holds that the establishment of lack of probable or reasonable cause is a necessary element in an action for false arrest or imprisonment, overruling Collins v. … The justification for the detention is clearly shown on the face of the complaint.

Allec v. Briggs

90 Cal. App. 525 · California Court of Appeal · Mar 31, 1928

Clearly the foregoing evidence is insufficient to establish a partnership between R. H. Briggs and Stella Briggs. … The trial judge must have so held, else he would not have qualified the judgment rendered against the wife. Although the trial court found that an account was stated between plaintiff and R. H.

People v. Pacheco

116 Cal. App. 3d 617 · California Court of Appeal · Mar 9, 1981

There, the burden is on the defendant to establish a “substantial doubt” that a death qualified jury is not constitutionally neutral with respect to guilt (Hovey, supra, fn. 41, p. 19 ). … On this appeal, understandably defendant has not articulated clearly which of the above three constitutional approaches he urges.

Selkin v. City of Los Angeles CA2/5

California Court of Appeal · Feb 24, 2026

plaintiffs’ argument that the city was liable for failure to use due care in hiring employees and discharging its duty under Health and Safety Code section 17960, because the city had voluntarily assumed a duty to hire qualified … , including inspection immunity and discretionary act immunity, barred plaintiffs’ claim.

Young v. REMX, Inc. CA1/3

2 Cal. App. 5th 630 · California Court of Appeal · Jul 26, 2016

Our Supreme Court has “emphasized that orders that only limit the scope of a class or the number of claims available to it are not similarly tantamount to dismissal and do not qualify for immediate appeal under the death … In any event, because of the remaining PAGA claim, plaintiff has not established the second rationale for the death knell doctrine: that “ ‘the persistence of viable but perhaps de minimis individual plaintiff claims creates

Gallaher v. Superior Court

103 Cal. App. 3d 666 · California Court of Appeal · Feb 21, 1980

“It is well established that the defendant at a preliminary examination has the right to examine and cross-examine witnesses for the purpose of overcoming the prosecution’s case or establishing an affirmative defense.” … “It is well established that the scope of proper cross-examination may extend to the whole transaction of which the witness has testified, or it may be employed to elicit any matter which may tend to overcome, qualify or

Fellowship of Friends, Inc. v. County of Yuba

235 Cal. App. 3d 1190 · California Court of Appeal · Nov 1, 1991

The trial court concluded that plaintiff not only failed to establish the property was used principally as a museum, but that “plaintiff also failed to establish that the property was used even ‘significantly’ or ‘substantially … While such an ascription could be made, the Constitution clearly describes exempt property by its function—not its form.

Ruelas v. Harper CA4/2

California Court of Appeal · Nov 2, 2015

Qualified Immunity Harper and Ruiz argue that they were entitled to qualified immunity because plaintiffs failed to establish their conduct violated clearly established federal constitutional or statutory law of … Analysis Public officials are entitled to qualified immunity for their actions unless the plaintiff shows that their conduct violated clearly established federal constitutional or statutory law of which a reasonable

Jacobs v. The Regents of the University of California

California Court of Appeal · Jun 28, 2017

The Regents established the UCRP through its constitutional authority to do so. … contrasts with the comprehensive power of regulation the Legislature possesses over other state agencies. [¶] The courts have also recognized the broad powers conferred upon the [R]egents as well as the university’s general immunity

Skidgel v. Cal. Unemployment Ins. App. Bd.

California Court of Appeal · Jul 16, 2018

(a), (i) [state and counties immune from liability resulting from implementation of weekly overtime rules].) B. … We do not quarrel with In-Home Supportive Services’s discussion and application of well-established common law principles and the broad statutory reach of Labor Code section 3351 in establishing joint employment in that matter

H.N. v. Scotts Valley Unified School District CA6

California Court of Appeal · Dec 19, 2025

In addition, Gelter as well as the rest of the Defendants argued that H.N. failed to establish a substantive element of each claim. … Second, section 855.4 confers qualified immunity upon public entities and public employees carrying out discretionary decisions concerning the control of the communication of disease so long as they act with due care: “Neither

Pearce v. Linde

113 Cal. App. 2d 627 · California Court of Appeal · Oct 10, 1952

Appellant's second point--that a prima facie case of negligence can be established from the testimony of the defendant--is not debatable. [2] His third point is that the trial court erred in refusing to accept as an expert … Lindquist, 37 Cal.2d 465 [ 234 P.2d 34 ], indicates too clearly an opposite view in a majority of the justices of the Supreme Court for me to feel free to do other than concur.

Webb v. Swoap

40 Cal. App. 3d 191 · California Court of Appeal · Jun 26, 1974

Appeals Bd., supra, 11 Cal.3d 192 , filed April 15, 1974, the court held that in the absence of a statute establishing repayment liability, AFDC benefits paid to a qualified recipient could not be recouped out of subsequent … The Attorney General correctly points out that immunity from repayment permits a recipient to extend his time on the assistance rolls through the expedient of filing a meritless appeal.

Pacific Caisson & Shoring v. Bernards Bros. CA2/3

236 Cal. App. 4th 1246 · California Court of Appeal · May 19, 2015

East West Bank (2011) 199 Cal.App.4th 1309, 1315) unless clearly erroneous or unauthorized (Munroe v. Los Angeles County Civil Service Com. (2009) 173 Cal.App.4th 1295, 1303). … (e), italics added), clearly relates to post-suspension conduct.

People v. Burroughs

6 Cal. App. 5th 378 · California Court of Appeal · Dec 5, 2016

It held that “in a commitment hearing under the MDO Act, the People may not prove the facts underlying the commitment offense (that are necessary to establish the qualifying offense) through a mental health expert‟s opinion … , or otherwise non- qualifying.

Harris v. Superior Court

82 Cal. App. 88 · California Court of Appeal · Mar 28, 1927

Crawford as Judge of the Superior Court in and for the County of Los Angeles against petitioner which, if established, would prevent petitioner from having a fair and impartial trial in an action now pending in said court … The law relating to such a condition as is hereinbefore set forth is clearly stated in the syllabus in the case of Estudillo v.

Robinson v. McAbee

64 Cal. App. 709 · California Court of Appeal · Dec 12, 1923

The rule, however, is not applicable to persons who vote at a particular election but who are not qualified voters at the time of casting their votes. … Of course, such a person will not be compelled to testify as to the person for whom he voted until it is clearly shown he voted illegally.

Redevelopment Agency v. First Christian Church

140 Cal. App. 3d 690 · California Court of Appeal · Mar 8, 1983

Clearly, any investigation pertaining to its relevant history would have taken considerable time and effort. … It is well established that when a party complains that any particular instruction is too general, lacks clarity, or is incomplete, the complaint must be coupled with a request for an additional or qualifying instruction

People v. Brown

230 Cal. App. 4th 1502 · California Court of Appeal · Oct 30, 2014

After the deputy established defendant’s identity using his fingerprints, the deputy issued defendant a citation and released him. … Defendant’s sentence is not clearly unauthorized, so as to be subject to correction at any time. (See People v. Turrin (2009) 176 Cal.App.4th 1200, 1205.)