Case law

Rio Vista Gas Assn. v. State of California

188 Cal. App. 2d 555 · California Court of Appeal · Jan 26, 1961

This motion was denied by Judge Vernon Stoll, who all parties agree is qualified. … Secondly, even if not waived, Judge Stoll, who was admittedly qualified, could have ordered a new undertaking of the same amount as was previously imposed.

People v. Cove

228 Cal. App. 2d 466 · California Court of Appeal · Jul 15, 1964

Andrews, 153 Cal.App. *471 2d 333 [ 314 P.2d 175 ]) may have been qualified by a recent pronouncement equating police view of the dwelling’s interior with physical intrusion (People v. … There is no claim that illegality of the arrest immunized defendant from criminal liability (see People v. Valenti, 49 Cal.2d 199, 203 [ 316 P.2d 633 ]).

Avila v. Continental Airlines, Inc.

165 Cal. App. 4th 1237 · California Court of Appeal · Aug 11, 2008

To establish a prima facie case for disparate treatment discrimination, plaintiff must show (1) he suffers from a disability, (2) he is otherwise qualified to do his job, (3) he suffered an adverse employment action, and … If the trier of fact concludes that plaintiff requested CFRA-qualifying leave, then Continental's admission that those absences were the cause of plaintiff's discharge is sufficient to establish a causal connection between

Fair v. Hernandez

116 Cal. App. 3d 868 · California Court of Appeal · Mar 12, 1981

The Legislature has the power to establish reasonable regulations governing write-in procedures. ( Binns v. … The intent of the voter must first be ascertained from the ballot and where that intention is clearly expressed and the name is that of a qualified write-in candidate, inaccuracies or use of an incomplete name are of no consequence

City of Sacramento v. Public Employees' Retirement System

22 Cal. App. 4th 786 · California Court of Appeal · Feb 16, 1994

The first is the established doctrine that: “[t]he literal meaning of the words of a statute may be disregarded to avoid absurd results or to give effect to manifest purposes that, in the light of the statute’s legislative … What Sacramento seeks is to use extrinsic aids to establish a mistake in the statutory language when there is no intrinsic indication of a mistake.

Trane Co. v. Gilbert

267 Cal. App. 2d 720 · California Court of Appeal · Nov 27, 1968

The statements found in this brochure are not qualified by any time limitation. Kodmur also delivered a loose-leaf equipment manual to Kaye. … The evidence and reasonable inferences drawn therefrom are clearly sufficient to sustain the trial court’s determination that Kaye was an agent of defendants.

Garcia v. Sablan CA5

California Court of Appeal · Mar 30, 2026

claims qualified for an exception to section 1714.10’s prefiling requirements. … Rather, the allegations against the Sablan Defendants fall within the agent’s immunity rule. C.

Mendocino County Health & Human Services Agency v. J.R.

244 Cal. App. 4th 866 · California Court of Appeal · Feb 8, 2016

Victoria was diagnosed with immunization delay, hyperopia, astigmatism, anisometropia, and childhood caries. … by the testimony of a qualified expert witness.

Plaza Freeway Ltd. Partnership v. First Mountain Bank

96 Cal. Rptr. 2d 865 · California Court of Appeal · Jun 13, 2000

We are not suggesting that all or any of these documents would qualify as instruments under Hoag v. Howard, supra, 55 Cal. 564 . … As we will now discuss, the Hoag interpretation of the word “instrument” was not an exhaustive list of qualifying documents.

Castro v. Budget Rent-A-Car System, Inc.

65 Cal. Rptr. 3d 430 · California Court of Appeal · Sep 4, 2007

They argue that at the time of the accident, Budget qualified as a “motor carrier’’ under applicable federal law, 3 and as a consequence is financially responsible for their injuries. … “During the first half of the twentieth century, interstate motor carriers attempted to immunize themselves from liability for negligent drivers by leasing trucks and nominally classifying the drivers who operated the trucks

Johnson v. Cal. Dept. of Corrections CA4/2

California Court of Appeal · Apr 16, 2013

immunity. … IV DISCUSSION We first focus on the qualified immunity argument.

County of Los Angeles v. Guerrero

209 Cal. App. 3d 1149 · California Court of Appeal · Apr 24, 1989

Based on the limited record before us, it appears that while Guerrero’s liability may be substantial, the County is either immune or only slightly liable. … It is established that Guerrero lacks the means to satisfy a judgment of any size.

Cullum v. Seifer

1 Cal. App. 3d 20 · California Court of Appeal · Oct 20, 1969

Hence, of necessity, in determining the question courts and juries must rely upon the testimony of properly qualified physicians for such testimony as will in the minds of the jury establish the fact in issue to a reasonable … Such evidence must be clearly distinguished from conjecture, or that which merely establishes a possibility of future trouble.

People v. Hunt

88 Cal. Rptr. 2d 524 · California Court of Appeal · Sep 7, 1999

Accordingly, the People failed to establish that defendant was convicted of a sexually violent offense against two or more persons within the meaning of the Act. … However, the section illustrates that, when the Legislature intends for prior convictions to be used regardless of where they occurred or by whom they were prosecuted, it knows how to express such an intent clearly.

BMW of North America, Inc. v. New Motor Vehicle Board

162 Cal. App. 3d 980 · California Court of Appeal · Dec 18, 1984

public welfare for the franchise to be modified or replaced or the business of the franchisee disrupted, [f] (e) Whether the franchisee has adequate motor vehicle sales and service facilities, equipment, vehicle parts, and qualified … competition and convenient consumer care for the motor vehicles of the line-make in the market area which shall include the adequacy of motor vehicle sales and service facilities, equipment, supply of vehicle parts, and qualified

HT State Travel & Bus Co. v. City of Page, Arizona CA2/5

California Court of Appeal · Mar 17, 2023

The City argued Diehl was not a qualified expert under Evidence Code section 720, and his investigation report contained multiple levels of hearsay. … Online news articles containing statements attributed to a City Council member and the police department are clearly inadmissible hearsay, and the City’s objection to the news articles must be sustained. (Evid.

People v. Burgess

206 Cal. App. 3d 762 · California Court of Appeal · Dec 16, 1988

Moreno for cause, specifically finding that no cause had been established. … Hamilton is clearly distinguishable, but instructive.

Whiting-Mead Co. v. West Coast Bond & Mortgage Co.

66 Cal. App. 2d 460 · California Court of Appeal · Oct 23, 1944

He does not claim to own this balance or any part of it; and if, in fact, it does not belong to him, it is, of course, immune from garnishment by his general creditor, L. A. Plumbing Corporation. … The liens mean nothing as to the fund in question, and as liens, establish no rights to that fund.

People v. Spigno

156 Cal. App. 2d 279 · California Court of Appeal · Dec 19, 1957

Counsel for defendant apparently desired to qualify Kenyon as a psychologist, as an expert witness in the field of sexual psychopathy, although he did not clearly so state. … The child described certain acts which, if true, amounted to sexual relations without penetration, and would clearly be a violation of the statute.

Horwith v. City of Fresno

74 Cal. App. 2d 443 · California Court of Appeal · May 10, 1946

It is admitted here that the board has established the classification of electrical contractors which includes both master electricians and journeyman electricians as defined by sections 11 and 12 of Ordinance number 2728 … In fact section 7110 of the Business and Professions Code shows clearly the intention of the Legislature to have state authorities assist in the enforcement of local ordinances pertaining to electrical installations.