Case law

Abbott v. Mandiola

82 Cal. Rptr. 2d 808 · California Court of Appeal · Mar 5, 1999

Mandiola’s testimony in the trial in a context where the trial judge was clearly the best qualified. By contrast, only Judge Mandel was in a position to truly assess whether Dr. … Despite the delay, Judge Mandel remains the best qualified person to hear the motion.

Scott v. Phoenix Schools, Inc.

175 Cal. App. 4th 702 · California Court of Appeal · Jun 30, 2009

Wendy Terry had been assigned to that class, but she was not a qualified teacher. … Code Regs., tit. 22, § 101316.5, Register 85, No. 27 (July 6, 1985) p. 3111.) 2 The ratios are clearly set forth, and the record indicates that the administrators of Phoenix were well aware of the ratios.

County of Los Angeles v. Bean

176 Cal. App. 2d 521 · California Court of Appeal · Dec 22, 1959

The record clearly indicates that there was ample evidence to establish that the well was not located on the property taken and further, that because of the zoning ordinance the property could not legally be used as an oil … well established.

Donahoo v. Lovas

105 Cal. App. 705 · California Court of Appeal · May 19, 1930

An earnest effort is made by appellant to bring his case within this rule, or to establish it as an exception. … It is first contended that expert evidence is not necessary in all cases, and that the numbness and pain suffered by appellant were so clearly the result of the injection of the alcohol, that no expert evidence is needed

Lagios v. Bezaitis

118 Cal. App. 3d 459 · California Court of Appeal · Apr 29, 1981

Thus the rationale of De Barry, upon which respondent relies, is clearly inapposite and the court below exceeded its jurisdiction in its capricious attempt to fasten liability upon the Naphan firm for its alleged malpractice … Since we have concluded that the appellant law firm is immune from the surcharge power of the probate court, we discuss the remaining argument solely in the context of the executor’s statutory liability.

Los Angeles City High School District v. Rodriguez

135 Cal. App. 2d 760 · California Court of Appeal · Sep 29, 1955

of an established rule of law. … Bernhardt, in our opinion, was shown to be a well qualified witness. If the *769 testimony of such witnesses as Mrs.

Roos v. Loeser

41 Cal. App. 782 · California Court of Appeal · Jun 27, 1919

As Blackstone puts it, dogs were the subject of property to a very limited and qualified degree; they had no intrinsic value, and were regarded as being kept only through the whim or caprice of their owner. … But that day has passed, and dogs now have a well-established status before the law. Considerable sums of money are invested in dogs, and they are the subject of extensive trade.

Paulus v. Bob Lynch Ford, Inc.

43 Cal. Rptr. 3d 148 · California Court of Appeal · May 17, 2006

immune from suit. … Rptr.3d 350 [finding that the plaintiff opposing anti-SLAPP motion neither pleaded nor established by admissible evidence valid defamation claim].) The abuse of process claim clearly appears to have been barred.

People v. Barboza

California Court of Appeal · Sep 15, 2021

A juvenile witness, Abel H., who testified under a grant of immunity, told the police that he had witnessed defendant and Sergio Gonzalez (Gonzalez), the victim’s brother, discuss “payback.” … At the prima facie stage, the court may use the record of conviction to determine if the petitioner qualifies for relief. (Lewis, at p. *10.)

People v. Davis

184 Cal. App. 4th 305 · California Court of Appeal · Apr 30, 2010

First, in the excerpt quoted above, the Supreme Court clearly indicated that joinder was not limited to murders, but could also include any other crimes that also “may be charged and tried.” ( Alcala, supra, 43 Cal.4th 1205 … That misapprehension establishes an abuse of discretion. (E.g., Koon v. United States (1996) 518 U.S. 81, 100 [ 135 L.Ed.2d 392 , 116 S.Ct. 2035 ]; People v.

City of Morgan Hill v. City of San Jose

192 Cal. App. 2d 383 · California Court of Appeal · May 23, 1961

The section, rather than establishing a ground upon which annexation proceedings may be held to be invalid, appears clearly to us an expression on the part of the Legislature that even though the annexing city failed to obtain … In this petition the signers declared they constituted not less than one-quarter of the number of qualified electors residing in the territory to be annexed.

People v. Monismith

1 Cal. App. 3d 762 · California Court of Appeal · Nov 14, 1969

Along the way, they stopped several times at bars and drinking establishments and, at each stop, both defendant and Ivy drank intoxicating liquor. … Clearly, the code sections are concerned not with just a driver and not with just a vehicle, but with the driver of a vehicle involved in an accident. (People v.

Citizens Utilities Co. v. Wheeler

156 Cal. App. 2d 423 · California Court of Appeal · Dec 30, 1957

There was no established market price; there was no prior course of dealings between the parties; and the record discloses no established practice in the industry by which the price could be fixed. … It can be read; it was read before it was signed; and because it is English, its meaning can be very clearly ascertained.”

Sherer v. City of Laguna Beach

13 Cal. App. 2d 396 · California Court of Appeal · Apr 23, 1936

Webster in the Dartmouth College case: “By the law of the land is most clearly intended the general law—a law which hears before it condemns; which proceeds upon inquiry, and renders judgment only after trial. … The meaning is that every citizen shall hold his life, liberty, property, and immunities under the protection of the general rules which govern society.” ’ (Cooley, Const. Lim. 353.)

People v. C.H.

2 Cal. App. 5th 1139 · California Court of Appeal · Aug 30, 2016

not guilty or acquitted of the qualifying offense. (§ 299 subd. … “The rules we must apply when faced with two irreconcilable statutes are well established.

People v. Shira

62 Cal. App. 3d 442 · California Court of Appeal · Sep 30, 1976

The first person or persons who successfully cover a row of numbers qualifies for the final phase of the game. … the theater and also established the drawing was a lottery.

Greenberger v. Superior Court

219 Cal. App. 3d 487 · California Court of Appeal · Mar 22, 1990

Her interest in a statutory speedy trial, she argues, is independent of and immune from any and all interests embodied in section 1098. … We conclude that defendant has failed to establish that the procedure was prejudicial to him.

Mabry v. Randolph

7 Cal. App. 421 · California Court of Appeal · Jan 13, 1908

Nothing is wanting to establish a case of the grossest fraud. … The inquiry as to *428 the value of the orange grove of the witness Nowlin called for competent testimony from a qualified witness upon an issue made by the pleadings, but its rejection was not prejudicial, as the judgment

People v. Moncada

210 Cal. App. 4th 1124 · California Court of Appeal · Oct 16, 2012

Superior Court (2011) 198 CaI.App.4th 1076, 1079 [ 132 Cal.Rptr.3d 18 ] [stating that former § 194 “plainly established] a time-based ‘immunity’ [citation] to particular charges, and [wa]s therefore indistinguishable in operation … The “last antecedent” rule of statutory construction directs that “ 1 “qualifying words, phrases and clauses are to be applied to the words or phrases immediately preceding and are not to be construed as extending to or including

Wynner v. Buxton

97 Cal. App. 3d 166 · California Court of Appeal · Sep 25, 1979

This experience certainly qualified him to give competent opinions with respect to such matters as the cause of leaks in steel structures employing “standard sheet metal construction.” … Such experience also clearly qualified him to state opinions concerning whether any of the alleged defects in the project related in any way to the matters shown on the drawings upon which his seal and signature appeared.