Case law

People v. Hansen

130 Cal. App. 217 · California Court of Appeal · Mar 2, 1933

Such evidence is not admissible because of its own weight and sufficiency, but because by reason of its intimate connection with the self-serving statement it may rebut, qualify or explain it (Granite Gold Min. Co. v. … This is clearly shown by Algernon Sidney, who says that the publisher of the Bible might be subjected to a criminal charge for printing the phrase, “The fool hath said in his heart there is no God.”

Ross v. Pacific Mortgage Guaranty Co.

16 Cal. App. 2d 672 · California Court of Appeal · Oct 2, 1936

In our opinion this testimony, in the absence of any qualifying statements of the plaintiff or of any conflicting testimony, was sufficient to support the inference that plaintiff was the owner of the property. … There was sufficient evidence to establish the value oil the property as equal to that placed upon it in the findings.

In Re Estate of Hill

8 Cal. App. 286 · California Court of Appeal · May 27, 1908

This cannot be the test, for if it were it would apply equally to the relatives of decedent, and neither they nor the relatives of the previously deceased spouse would be qualified to apply for letters. … As the amended section applies equally ■“to the relatives of the previously deceased spouse of decedent,” the order of precedence must necessarily so apply, and clearly, in our opinion, the order prescribed by the statute

Rodarte v. Orange County Fire Authority

101 Cal. App. 4th 19 · California Court of Appeal · Jul 18, 2002

Article 10 of CERL provides the mechanism for disability retirement of qualified county employees. … Furthermore, the legislative intent that a member not continue to receive a salary is clearly established by the provision for interim benefits while the application is pending.

In Re Heidi T.

87 Cal. App. 3d 864 · California Court of Appeal · Dec 27, 1978

To the extent that the Department's qualified denial constituted a failure to meaningfully consider the appropriateness of such services, the decision whether to order them and delay the proceedings pending evaluation was … Any technical deficiencies in the report itself were clearly harmless. *876 V.

Kavalaris v. Anthony Bros., Inc.

217 Cal. App. 2d 737 · California Court of Appeal · Jun 28, 1963

Hall, who was held by the court to be qualified to testify as an expert. Defendant produced Mr. Charles Mackintosh, who was stipulated to be a qualified expert. Mr. … Their negligence in these respects was clearly the proximate cause of the damage to the building.” *742 Though defendant had both a common law duty and a contractual one to ascertain the bearing quality of the ground underlying

Alvarez v. Wiley

71 Cal. App. 3d 599 · California Court of Appeal · Jul 11, 1977

rehabilitation for their addiction, to provide those addicts with medical treatment for the consequences of their withdrawal from heroin and to provide qualified and competent medical therapy to all heroin addicts committed … regulation, custom, or usage, of any State or Territory, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities

People v. Cobler

2 Cal. App. 2d 375 · California Court of Appeal · Nov 22, 1934

And, secondly, notwithstanding the fact assumed by appellant that the “brain injury” was the cause of death, the principle of law is well established that if the strychnine taken by Mr. … But clearly on the evidence, rightly there could be no verdict by the jury that murder in the second degree had been committed by defendant.

Altman v. Heart Fund

92 Cal. App. 3d 486 · California Court of Appeal · Apr 30, 1979

The American Heart Association clearly fit this description, while Memorial did not. … Clearly, she wanted the residue of her estate to go to the Heart Fund.

Bagley v. TRW, INC.

86 Cal. Rptr. 2d 909 · California Court of Appeal · Jul 29, 1999

Subdivision (f)(2) of section 437c provides that “a party may not move for summary judgment based on issues asserted in a prior motion for summary adjudication and denied by the court, unless that party establishes to the … Quite clearly, this case must be decided by the specific requirements of the summary judgment statute, not the general provisions of the reconsideration statute. (Wilson v.

Lee v. Amazon.com, Inc.

California Court of Appeal · Mar 11, 2022

The delayed effective date applied to all the 2016 regulations, and is clearly 26With specified exceptions, a regulation required to be filed with the Secretary of State becomes effective on the quarterly basis established … Accordingly, if Lee can establish all the elements of a violation of Proposition 65, section 230 does not immunize Amazon from liability.

Jones v. Department of Corrections & Rehabilitation

62 Cal. Rptr. 3d 200 · California Court of Appeal · Jun 14, 2007

The plaintiff must generally show that: he or she was a member of a protected class; was qualified for the position he sought; suffered an adverse employment action, and there were circumstances suggesting that the employer … HQ There are, however, statutory exceptions to coemployee immunity.

Zinn v. Superior Court

108 Cal. App. 3d 583 · California Court of Appeal · Jul 25, 1980

Only after the respondent court interposed rule 222 as precluding such discovery did plaintiffs seek relief in this court to establish the *587 foundational right to depose defendants. … The compulsion of defendants’ attendance at their depositions easily qualifies as such a lesser penalty.

Woolsey v. Woolsey

121 Cal. App. 576 · California Court of Appeal · Mar 14, 1932

The essential characteristics of this suit as they are disclosed by the pleadings and the record of the trial clearly indicate that it is an equitable action involving the establishment of an alleged trust fund which was … This suit was instituted to establish a trust.

Giles v. Horn

123 Cal. Rptr. 2d 735 · California Court of Appeal · Jul 17, 2002

Principles of Statutory Construction The applicable canons of statutory construction that guide our analysis in this matter are well established. … It must be responsible for program design decisions, including, but not limited to: (1) optional provisions, such as lowering the age of the youngest child that qualifies an individual for an exemption; (2) what optional

Yesson v. S.F. Municipal Transportation Agency

California Court of Appeal · Feb 26, 2014

During that period, any qualified registered voter may circulate a referendum petition challenging the ordinance. ([Elections Code,] § 9237.) … That is clearly not the case. (Midway Orchards, supra, 220 Cal.App.3d at p. 782.)

People v. Adams

220 Cal. App. 3d 680 · California Court of Appeal · May 18, 1990

Before the judgment may be set aside for insufficiency of evidence, it must clearly be shown that upon no hypothesis whatever is there substantial evidence. (People v. … We therefore conclude that while the evidence was sufficient to establish defendant possessed some form of cocaine, it was insufficient to establish beyond a reasonable doubt that defendant possessed cocaine base.

People v. West

224 Cal. App. 3d 1337 · California Court of Appeal · Oct 31, 1990

The Backus opinion very clearly reads the immunity section of the Health and Safety Code to permit, if not encourage, the type of undercover police work engaged in by the officers who arrested West. … Under the facts of this case as established at the preliminary hearing, West approached Qualls and inquired about what was for sale.

People v. Van Zandt

123 Cal. App. 520 · California Court of Appeal · May 18, 1932

Perhaps the latter portion of the court’s statement, to wit, “the offense happening near Banning”, is subject to some objection as a statement of fact, and it would doubtless have been better had the court qualified the statement … The next point raised by defendant is that the venue of the action was not established, inasmuch as the record of the trial in the superior court does not show that the crime was committed in the township in which the preliminary

People v. Hubbard

California Court of Appeal · Aug 19, 2014

In my view this language is critical as it clearly employs “sentence” to mean the aggregate sentence--the sentence that resulted from the total of all felonies charged and convicted. “It is . . . … While there is a debate whether an accurate determination that a petition facially establishes a defendant’s ineligibility is appealable and thus subject to summary dismissal (see People v.