Case law

Mendly v. County of Los Angeles

23 Cal. App. 4th 1193 · California Court of Appeal · Mar 25, 1994

Legislative Framework “County general assistance ‘is a program of last resort for indigent and disabled persons unable to qualify for other kinds of public benefits.’ ” (Whitfield v. … Otherwise, one would be able to obtain immunity from state regulation by making private contractual arrangements.

JONATHAN NEIL & ASSOCIATES, INC. v. Jones

119 Cal. Rptr. 2d 660 · California Court of Appeal · Aug 14, 2002

We will begin by summarizing the familiar principles established in the seminal cases. … Although approving the rule of law established by those cases, and even though concluding State Compensation Insurance Fund was not immune from suit, the court stated: "We emphasize that in reaching this result we are not

Union of Medical Marijuana Patients, Inc. v. City of Upland

245 Cal. App. 4th 1265 · California Court of Appeal · Mar 25, 2016

"In interpreting CEQA, we accord the Guidelines great weight except where they are clearly unauthorized or erroneous." (Vineyard Area Citizens for Responsible Growth, Inc. v. … "Ordinances passed by cities are clearly activities undertaken by a public agency and thus potential 'projects' under CEQA." (Santa Monica Chamber of Commerce v.

People v. Sanders

250 Cal. App. 2d 123 · California Court of Appeal · Apr 14, 1967

That does not mean that the pivot upon which the structure of apparent legality rests is immune from attack. … In the instant case that attack fails to shake the sufficiency and reliability of the evidence to establish probable cause.

People v. Lortz

137 Cal. App. 3d 363 · California Court of Appeal · Nov 16, 1982

It has long been established that 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. … We agree with the trial court that defendant’s conduct established the specific intent requirement of the statute. The judgment is affirmed. Dalsimer, J., and Byrne, J., * concurred.

Karoutas v. HomeFed Bank

232 Cal. App. 3d 767 · California Court of Appeal · Jul 23, 1991

In Baron , this District imposed on the trustee a “duty to exercise reasonable discretion in qualifying bidders,” and held that a breach of that duty may warrant rescission. (Baron, supra, 111 Cal.App.3d at p. 324 .) … We cannot believe that the Legislature, in enacting section 2924 et seq., intended to immunize beneficiaries from liability for deceit, or to expand the risks borne by purchasers to include the assumption of damages resulting

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.

Del E. Webb Corp. v. Structural Materials Co.

123 Cal. App. 3d 593 · California Court of Appeal · Sep 15, 1981

To establish a conversion, plaintiff must establish an actual interference with his ownership or right of possession. (Home v. Kramer (1936) 7 Cal.2d 361 [ 60 P.2d 854 ].) … Whether or not an oral agreement was entered into between DeLancey and SMC on terms described in Webb’s fifth cause of action is clearly a question of fact.

Adoption of Baby Boy D.

159 Cal. App. 3d 8 · California Court of Appeal · Aug 13, 1984

Established California law does not narrowly define the term “parent.” … The doctrine of parental preference in custody matters is an established right of constitutional magnitude.

People Ex Rel. Lyons v. McAleer

33 Cal. App. 135 · California Court of Appeal · Mar 1, 1917

Code, see. 4230), which position, as such deputy in charge of said department, McAleer, as the duly appointed, qualified, and acting deputy, had held from the date of his appointment on June 2,1911. … In the case at bar, no competitive examination was held; nor was there any observance of the civil service scheme adopted, which was clearly intended to prevent transfers or appointment to office, other than in accordance

Gonsalves v. City of Dairy Valley

265 Cal. App. 2d 400 · California Court of Appeal · Aug 30, 1968

. * The proceeding is in mandate seeking annulment of the granting of a use permit by the City Council of the City of Dairy Valley for the establishment of a fertilizer plant. … Appellants say the words “in a trial by jury” qualify the phrase “after the plaintiff has completed his opening statement,” just as they qualify the phrase “the presentation of his evidence,” with the result that the right

Munsee v. Horn

71 Cal. App. 2d 453 · California Court of Appeal · Jun 30, 1977

Any eligible faculty member who is recommended as qualified shall be promoted, advanced, reappointed or given tenure by the president.” … trial court also suggested that since section 7.53'of the R & A Policy authorizes its “amendment” by the academic senate, “when approved by the President,” any interpretation which had the effect of amending the document clearly

People v. Castro

99 Cal. App. 3d 191 · California Court of Appeal · Nov 2, 1979

that the witness had been granted immunity; used drugs; was a convicted felon; had sold narcotics; possessed an illegal weapon; and was working as a police informer. … Mardian, supra, becomes pertinent. "... denial of defense inquiry into a witness’ address is not error where defense counsel has already clearly placed that witness ‘in his proper setting.’

People v. Murillo

39 Cal. App. 4th 1298 · California Court of Appeal · Nov 1, 1995

.) *1304 The transcript quoted above reveals that the judge who took defendant’s plea clearly and explicitly indicated to defendant that by pleading guilty, he would be giving up the three fundamental constitutional rights … In his motion to strike, defendant did not establish any such prejudice.

Malinson v. Black

83 Cal. App. 2d 375 · California Court of Appeal · Jan 27, 1948

It is true that there is evidence to establish that appellant was not exceeding the legal speed limit, but" proof that one did not violate the speed limit does not establish freedom from negligence. … That ease held that although the owner of property may, without being qualified as an expert, testify as to his opinion of the value of that which he owns, the rule does not extend to the giving of testimony as to the cost

People v. Shokur

205 Cal. App. 4th 1398 · California Court of Appeal · May 16, 2012

The prosecution argued defendant did not establish he was misadvised, failed to establish either prong of an ineffective assistance of counsel claim {Strickland v. … The instant conviction qualifies as an aggravated felony ( 8 U.S.C. § 1101 (a)(43)(B)) and qualifies as a deportable offense. under title 8 United States Code section 1227 (a)(2)(B)(i) as well. 2 The advisement defendant

Spiegelman v. Eastman

95 Cal. App. 205 · California Court of Appeal · Nov 30, 1928

The uncontradieted testimony in this case and what we have hereinbefore set forth brings this ease so clearly within the second cause of action set forth in plaintiff’s complaint that we do not need to dwell at length upon … The $28,000 note was transferred by a qualified indorsement and, therefore, carries with it the warranty created by law.

Cramer v. Morrison

88 Cal. App. 3d 873 · California Court of Appeal · Jan 16, 1979

probative and therefore relevant in an action to establish paternity. … “Although admissible to establish nonpaternity, blood tests are not admissible to establish paternity.

Millan v. Facebook CA1/4

California Court of Appeal · Mar 26, 2021

But this provision provides an immunity, so even if Facebook acted discriminatorily, at most that would deprive it of the immunity that the statute provides. … Millan has not explained how Facebook’s failure to acquire immunity under section (c)(2)(A) could establish its liability to him, so the trial court correctly sustained Facebook’s demurrer to this claim. (See Belknap v.

Williams v. McCowen CA2/7

California Court of Appeal · Aug 22, 2023

Wood, supra, 612 F.2d 982, which held in some circumstances a court clerk enjoys only qualified, not absolute, immunity to a lawsuit for damages.5 But Williams’s first amended complaint is devoid of factual allegations about … qualified immunity if he was able to establish that quasi-judicial immunity was limited in some instances under governing law).