Case law

Watson v. Fouch

55 Cal. App. 765 · California Court of Appeal · Dec 24, 1921

opportunity of exercising the right, specially conferred upon them by the legislature, to relieve themselves of what it may well be conceived that *770 they have found is an unnecessary burden fixed and resting upon them by the establishment … (Secs.. 2 and 3, Municipal Corporation Act, Stats. 1889, p. 371.) [2] In view of these provisions such election is clearly a “municipal election” held in such city, within the meaning of section 1 of the act allowing municipal

Calrow v. Appliance Industries, Inc.

49 Cal. App. 3d 556 · California Court of Appeal · Jun 30, 1975

I think it will show clearly that the driver of the vehicle who caused this collision, who was driving a ’59 station wagon, Mr. … The fact is clearly shown in plaintiffs’ opening statement that defendant Beaudoin was not working at his job at the time the drinking took place.

Regents of University of California v. Superior Court

200 Cal. App. 2d 787 · California Court of Appeal · Feb 28, 1962

Section 5050.3 of the Welfare and Institutions Code establishes the following test. … Hancock (1868) 35 Cal. 372 ; 32 Cal.Jur.2d §39, pp. 101, 104.) 1 *794 Even if the desired information should not itself qualify as admissible evidence regarding the important question of plaintiff's conduct on the day of

Venuto v. State of California Dept. of Transportation CA4/1

California Court of Appeal · Aug 18, 2015

(See, e.g., Cornette, supra, 26 Cal.4th at p. 72 ["[s]ection 830.6 clearly makes the resolution of the third element of design immunity, the existence of substantial evidence supporting the reasonableness of the adoption … was established as a matter of law.

Monterey Mechanical Co. v. Sacramento Regional County Sanitation District

44 Cal. App. 4th 1391 · California Court of Appeal · Apr 29, 1996

The entire scheme of section 2000, Hoffman/Marmolejo argues, presupposes qualifying bids will be higher than nonqualifying bids as a result of the use of higher M/WBE sub-bids. … Any evidence suggesting a bidder’s professed efforts were not as represented is clearly pertinent to the good faith inquiry.

People v. Howard

226 Cal. App. 2d 281 · California Court of Appeal · Apr 13, 1964

It clearly appears that they could not. … The mere presence of the accused at the scene of the crime does not alone establish that the accused was an abettor. [Citation. ] ...

Overton v. White

18 Cal. App. 2d 567 · California Court of Appeal · Jan 19, 1937

Hall died on July 28, 1933; that her will was duly admitted to probate and plaintiff appointed executrix; that plaintiff qualified as such and is the duly appointed, qualified and acting executrix of the estate of the deceased … “But it is clearly established by the authorities that the appellate court will not reverse an order denying leave to amend except for abuse of discretion. As said in San Joaquin Valley Bank v.

People v. Williams

California Court of Appeal · Jul 1, 2024

“In Gallardo, the prosecution alleged the defendant’s prior conviction for aggravated assault under former section 245, subdivision (a)(1) . . . qualified as a strike. [Citation.] … against self-incrimination and, on the advice of counsel, ceased providing testimony after defense counsel suggested he unlawfully possessed a firearm on the date of the offense and the prosecutor declined to provide him immunity

People v. Superior Court

19 Cal. App. 3d 522 · California Court of Appeal · Aug 23, 1971

Only at the conclusion of an adversary inquiry is the court qualified to rule for or against the government’s claim of privilege. 14 There should be no assumption that an in camera hearing under section 915, subdivision ( … Superior Court, supra, the Supreme Court established tight restrictions upon prosecution writ applications, overruling these earlier decisions.

American Chemistry Council v. Office of Environmental Health etc.

California Court of Appeal · Nov 10, 2020

of the state’s qualified experts it has been clearly shown through scientifically valid testing according to generally accepted principles to cause cancer or reproductive toxicity, or if a body considered to be authoritative … (a));9 (2) the qualified experts mechanism – chemicals for which “in the opinion of the state’s qualified experts it has been clearly shown through scientifically valid testing according to generally accepted principles to

Allen v. Toten

172 Cal. App. 3d 1079 · California Court of Appeal · Oct 2, 1985

We begin our analysis with a statement of the underlying concept of duty in tort law: “[I]t has long been established in California that all persons owe a duty of care to avoid injury to others unless public policy clearly … in the absence of such immunity” (Davidson v.

Christiansen v. Hollings

44 Cal. App. 2d 332 · California Court of Appeal · Apr 21, 1941

App. (2d) 360 [ 55 Pac. (2d) 588 ], as establishing error in the giving of the instruction. … Of course, the statute did not establish, as a matter of law, that the decedent was not guilty of contributory negligence.

People v. Jones

205 Cal. App. 2d 460 · California Court of Appeal · Jul 6, 1962

The use of maps and diagrams is proper when they are prepared by a witness who is qualified (People v. … Valenti, 49 Cal.2d 199, 203 [ 316 P.2d 633 ]: “But a defendant who has been subjected to illegal arrest... should not, by virtue of such illegality, gain immunity from punishment for the offense for which he was arrested.

Ayala v. Unemployment Insurance Appeals Board

54 Cal. App. 3d 676 · California Court of Appeal · Jan 22, 1976

available to work if called upon; and (2) Ayala’s claim is proscribed by the Wagner-Peyser Act ( 29 U.S.C. §§ 49-49 (k)) a federal statute by which California is bound. *679 The. first argument predicated upon section 1253 is clearly … a system of employment services forepersons legally qualified to work in *681 this country.

Thornton v. California Unemployment Insurance Appeals Board

204 Cal. App. 4th 1403 · California Court of Appeal · Apr 17, 2012

Nevertheless, the terms used in that phrase do have well-established meanings. The term “action” generally means “[a] civil or criminal judicial proceed ing.” … (See Recommendation Relating to Sovereign Immunity, No. 4—Defense of Public Employees (Jan. 1963) 4 Cal. Law Revision Com.

People v. Hill

191 Cal. App. 4th 1104 · California Court of Appeal · Jan 13, 2011

The trial court did not abuse its discretion in finding Chaplin qualified to give the challenged expert testimony. Appellant concedes Chaplin was qualified to testify about Bay view gang “culture.” … Clearly, it was not admitted for its truth.

People v. Chandler

262 Cal. App. 2d 350 · California Court of Appeal · May 21, 1968

Such a search of an automobile, after the officer’s suspicion had vanished, was clearly not reasonable. People v. … It is contended that the minor had been promised leniency and immunity, and that “psychological coercion” attended his testimony.

People v. Beck

25 Cal. App. 4th 1095 · California Court of Appeal · Jun 9, 1994

The firearm involved clearly would qualify as a confiscable nuisance. … The successor owner, if qualified, may obtain possession of the firearms.

People v. Chand

116 Cal. App. 2d 242 · California Court of Appeal · Feb 20, 1953

Undoubtedly these matters would have tended to establish bias and prejudice on Susie’s part against Chand. … But clearly the jury could have so viewed the entire situation for here there could have been found premeditation, deliberation and malice eventuating in the purposed killing of the deceased.

People v. Ugalino

174 Cal. App. 4th 1060 · California Court of Appeal · Jun 9, 2009

The evidence at trial established defendant attempted to steal marijuana from Johnson, saying, “you’re getting jacked.” “Give [me] the weed.” … Johnson was given immunity for his testimony. * See footnote, ante, page 1060.