Case law

Wasatch Property Management v. Degrate

126 Cal. Rptr. 2d 923 · California Court of Appeal · Jan 29, 2003

The sentence is composed of two verb phrases beginning with "would specify" and "would require," which are separated by a comma and the conjunction "and." *928 The comma, placed in front of the conjunction "and," clearly … For any new tenancy established during the three-year period, the rental rate for a new tenancy established in that vacated dwelling or unit shall be at the same rate as the rent under the terminated or nonrenewed contract

21st Century Insurance v. Superior Court

240 Cal. App. 4th 322 · California Court of Appeal · Sep 10, 2015

The appellate court reversed summary judgment in favor of the insurer (which relied on Hamilton), first finding that a defense under one policy did not immunize the failure to defend under a second policy. … Tapia regularly drove the truck which was involved in the accident and this was established long before plaintiff offered to settle the case for $150,000.13 At that point clearly 21st Century had no obligation to defend

City of Los Angeles v. Workers' Compensation Appeals Board

91 Cal. App. 3d 759 · California Court of Appeal · Apr 10, 1979

Clearly, there is a more direct relationship between [Noetzel’s] activity and his employment than mere encouragement.” The dissent argued that the McDowell decision was applicable. … Rejecting that contention, the court stated: “[I]f such theory should be adopted as sufficient to establish the necessary causal connection with the employment, then any injury sustained by an employee in a recreational activity

Tulare Medical Center Property etc. Valdivia

California Court of Appeal · May 6, 2026

First, the CC&Rs are clearly a “written instrument relating to real property” within the meaning of subdivision (a) of section 53. … Second, the provision addressing abortion clinics is clearly a “prohibition” for purposes of section 53.

People v. Navarette

54 Cal. App. 3d 1064 · California Court of Appeal · Jan 30, 1976

Judge Longinotti never actively attempted to locate women in the community who would be qualified for grand jury duty. … Clearly, *1072 counsel for defendant Navarette is now precluded from taking the contrary position and asserting that the testimony given by the 7 judges was not fairly representative of that which would have been given by

Barnett v. Fireman's Fund Insurance

108 Cal. Rptr. 2d 657 · California Court of Appeal · Jun 4, 2001

There are no allegations or extrinsic facts that establish SCMC bears the requisite relationship to Caremark that would qualify SCMC as an additional named insured, and we therefore reject Fireman’s claim that SCMC was a … Mayer qualified as insureds only “with respect to their duties as [MedPartners] officers,” and T. Mayer qualified as an insured only “for acts within the scope of [his] employment” with MedPartners.

People v. Perez

83 Cal. App. 3d 718 · California Court of Appeal · Aug 10, 1978

If, however, the hearsay statements of Lopez to Rosemarie come within some hearsay exception, they become admissible to establish the statements of defendant which qualify for admissibility under the exception to the hearsay … This evidence was clearly sufficient to justify a finding by a reasonable trier of fact that Lopez and defendant had entered into a conspiracy to supply Rosemarie with heroin.

Lonergan v. Scolnick

129 Cal. App. 2d 179 · California Court of Appeal · Nov 23, 1954

July 10, 1953, the judge filed a memorandum opinion stating that it was his opinion that the letter of April 8, 1952, when considered with the previous correspondence, constituted an offer of sale which offer was, however, qualified … The letter of March 26 contains no definite offer, and *183 clearly states that it is a form letter.

Salas v. Department of Transportation

198 Cal. App. 4th 1058 · California Court of Appeal · Jul 28, 2011

The trial court did not address Caltrans’s other argument that, under section 818.2, it was immune from liability for any alleged failure to enforce the traffic laws in the area. … Simply claiming that Douglas is well qualified and that many factors must be considered in determining a dangerous condition fail to carry the burden to show error.

Young v. Superior Court

190 Cal. App. 2d 759 · California Court of Appeal · Apr 3, 1961

“All states have established by statute the testimonial status of husband and wife in actions to which one is a party. … The husband’s testimony, although evasive, equivocal and intended to cover up the true facts, clearly established the corpus delicti without defendant’s statements to the police officer that she shot her husband because of

People Ex Rel. Chapman v. City of Garden Grove

165 Cal. App. 2d 794 · California Court of Appeal · Dec 9, 1958

concerned only with the question of whether or not there are triable issues of fact, and does not in the process of passing on a summary judgment attempt *802 to determine the truth or falsity of any issues which have been established … Kremples, supra, the Supreme Court quite clearly answered this question when it said: “Defendant contends . . . that if the allegations of fact in the affidavits in support of the motion for summary judgment are controverted

Biescar v. Czechoslovak-Patronat

145 Cal. App. 2d 133 · California Court of Appeal · Oct 17, 1956

This principle, however, does not apply where the qualifying words appear in the granting clause of the deed. … But this principle is not applicable where the qualifying words are in the granting part of the deed, and so clearly connected with the word “grant” as naturally to *146 suggest that the intention was merely to convey the

In Re Monica C.

31 Cal. App. 4th 296 · California Court of Appeal · Jan 3, 1995

These services clearly include reunification services. ( Cynthia D. v. Superior Court (1993) 5 Cal.4th 242, 249 [ 19 Cal. Rptr.2d 698 , 851 P.2d 1307 ].) … But the language clearly contemplates that such a permanent placement should be made only where the relative, if willing, would qualify as a guardian.

Fuentes v. Empire Nissan, Inc.

California Court of Appeal · Apr 21, 2023

The arbitrator shall have the immunity of a judicial officer from civil liability when acting in the capacity of an arbitrator, which immunity supplements any other existing immunity. … The arbitrator shall have the immunity of a judicial officer from civil liability when acting in the capacity of an arbitrator, which immunity supplements any other existing immunity.

Neu v. Lessner

208 Cal. App. 3d 981 · California Court of Appeal · Mar 16, 1989

Spear (1911) 63 Wash. 291 [ 115 P. 164, 165 ] [upholding a charitable trust established by a conveyance of land to trustees for the benefit of an unincorporated association, the purpose of which was to acquire land and establish … II It is a cardinal rule that in construing a will the testator’s intent when clearly expressed within the document must be given effect.

People v. Hollywood

California Court of Appeal · Feb 28, 2024

Our ruling will eliminate “clearly meritless” petitions, which serves the legislative purpose to deny relief to a “major participant” in a felony murder case. (See Lewis, supra, 11 Cal.5th at p. 971.) … Specific Contentions Appellant contends the record of conviction may have conclusively established that he had the intent to kill during the commission of a kidnapping, but it did not establish the actus reus requirement

Estate of Shirley

107 Cal. App. 267 · California Court of Appeal · Jul 17, 1930

Pinckney, 55 Md. 365 .) ” We now advert to an established rule of construction before taking up the specific words made use of by the testator in the codicil. … This rule of construction controls the rule that an interest given in one clause of a will may be qualified or limited by a subsequent clause.”

People v. C.B.

2 Cal. App. 5th 1112 · California Court of Appeal · Aug 30, 2016

If Alejandro was correctly decided and remains good law, minor is clearly entitled to expungement. … The data bank statute reflects the policy determination that persons convicted of less serious offenses— most misdemeanors—need not have their DNA sample included in the data bank, and Proposition 47 has established that

Mason v. RETIREMENT BD. CITY & COUNTY SF

4 Cal. Rptr. 3d 619 · California Court of Appeal · Sep 10, 2003

We are reluctant to adopt such an interpretation unless clearly required. The conclusion we reach is also consistent with very recent case law. … It has many exceptions, one of which is that the maxim will not be applied where doing so would run counter to a well established rule.

Covo v. Lobue

220 Cal. App. 2d 218 · California Court of Appeal · Sep 16, 1963

Under such circumstances, he was clearly not in possession of the property and was not entitled to institute an action for trespass to recover for injury to the property. (Lightner Mining Co. v. … The allegations of the complaint do establish, however, that appellant was on the premises as an invitee (Oldham v. Atchison, T. & S. F. Ry. Co. (1948) 85 Cal.App.2d 214, 218 [ 192 P.2d 516 ]; Miller v.