Case law

People v. Burks

189 Cal. App. 2d 313 · California Court of Appeal · Feb 21, 1961

There is no merit in the argument, for section 1265 clearly provides the jurisdiction of the trial and appellate courts, after the issuance of the remittitur, to act with respect to subsequent proceedings in the ease, and … It has been established that where such relief is possible because requested during proper proceedings, the statute is only permissive. (People v.

People v. Grill

3 Cal. App. 514 · California Court of Appeal · May 15, 1906

At this point objection was made to thé admission, actions and statements of defendant, upon the ground that the facts above narrated did not establish the' corpus delicti. (People v. … The words “unlawful killing” in the instruction stand too far away from the words “the law will not hold him guiltless” for them to have the qualifying effect the attorney general claims for them. In People v.

People v. Gomez

California Court of Appeal · Dec 23, 2015

Penal Code section 1170.18 clearly states that a defendant must show that he was convicted of a felony but would have been convicted of a misdemeanor if Proposition 47 had been in effect at the time of the offense. … The record of conviction does not establish this fact as he entered a guilty plea and waived his right to a probation referral.

Celli v. Sports Car Club of America, Inc.

29 Cal. App. 3d 511 · California Court of Appeal · Dec 20, 1972

The well established rule in this state is that where the language of an instrument purporting to exculpate one of the parties for its future negligence, was prepared entirely by the party relying on it, words clearly and … There was clearly no abuse of discretion here.

Orange County Employees Ass'n v. Superior Court

15 Cal. Rptr. 3d 201 · California Court of Appeal · Jun 30, 2004

Rather, it is the Judicial Council who has failed to perform a duty clearly placed on its shoulders by the Legislature. … The rules of court shall provide a mechanism for the establishment of a panel of court of appeal justices who shall be qualified to hear these matters, as specified in the rules of court, from which panel a single justice

Otis v. City of Los Angeles

52 Cal. App. 2d 605 · California Court of Appeal · Jun 10, 1942

Defendant city introduced two expert witnesses, one of whom, after qualifying as a realtor and appraiser, stated that in his opinion the use of plaintiffs’ property as a gasoline station *611 would be very detrimental to … Baldwin, 18 Cal. (2d) 341 [ 115 P. (2d) 455 ]: “It is now settled beyond question that although a court may differ from the determination of the legislative body, unless a zoning measure is clearly oppressive, it will be

Young v. Tri-City Healthcare District

210 Cal. App. 4th 35 · California Court of Appeal · Oct 17, 2012

The anti-SLAPP statutory protections do not clearly apply as a matter of law. (Pt. V, post.) … The District’s reasoning in attempting to defend a clearly erroneous dismissal order makes no sense.

Klein v. Chevron U.S.A., Inc.

202 Cal. App. 4th 1342 · California Court of Appeal · Jan 25, 2012

First, the court would have to determine whether a particular facility qualified as a *1365 “skilled nursing facility” within the meaning of section 1276.5, and, if so, whether the facility qualified for any of the exceptions … At the pleadings stage, these allegations are sufficient to establish standing. *1376 b.

In re D.C.

California Court of Appeal · Dec 17, 2015

Because use immunity applies to his "course of treatment ordered as part of the reunification plan" (In re Lamonica H., supra, 220 Cal.App.3d at p. 650), the immunity would apply to the identified case objectives as well … the minor is a person described by Section 300, the court may limit the control to be exercised over the dependent child by any 22 parent or guardian and shall by its order clearly

Mehling v. Zigman

116 Cal. App. 2d 729 · California Court of Appeal · Mar 17, 1953

when so driving does any act forbidden by law or neglects any duty imposed by law in the driving of such vehicle, which act or neglect proximately causes bodily injury to any person, is guilty of a felony. ’ ’ This was clearly … In the instant ease no instructions were offered by appellants to qualify the instruction complained of.

San Bernardino Valley Audubon Society v. Metropolitan Water District

83 Cal. Rptr. 2d 836 · California Court of Appeal · Apr 14, 1999

The applicant can avoid the time and costs involved in preparing an EIR and qualify for a Negative Declaration instead. … The Project will clearly have potentially significant impacts on the environment.

California Comp. Ins. Co. v. Ind. Acc. Com.

128 Cal. App. 2d 797 · California Court of Appeal · Nov 17, 1954

The legislative intent to relate the award to loss of wages in a particular week is clearly disclosed. … These sections taken together establish the standard by *812 which a weekly wage loss attributable to a temporary partial disability may be fixed.

Marina Pacifica Homeowners Ass'n v. Southern California Financial Corp.

232 Cal. App. 4th 494 · California Court of Appeal · Dec 16, 2014

SCFC argues this provision clearly means nothing must be deducted because there is no rent actually paid under the lease. … The HOA fails to establish why this primary basis for the referee’s finding was error. c.

People v. Ferguson

214 Cal. App. 2d 772 · California Court of Appeal · Apr 5, 1963

(In the opinion of Richard Single, a qualified chemist, the seeds were marijuana.) … Cahan, 44 Cal.2d 34 [ 282 P.2d 905 ], defendant clearly does have standing to object to the introduction of the evidence obtained as a result of the unlawful arrest and search of Simpson and his apartment.

Estate of Reynolds

94 Cal. App. 2d 851 · California Court of Appeal · Nov 30, 1949

to have been in existence at the time of the death of the testator, or shown to have been destroyed fraudulently or by public calamity in the lifetime of the testator, without his knowledge; nor unless its provisions are clearly … Beaustad, who is the sole beneficiary, cannot qualify as a credible witness. Section 51 of the Probate Code is specific and relates solely to devises to subscribing witnesses.

Silver v. Cast & Crew Production etc. CA2/2

California Court of Appeal · Jan 29, 2021

This statute immunized respondents’ actions, and Silver has failed to establish otherwise. … There is no public/private qualifier. We need not comment on Silver’s arguments any further.

People v. Foalima

239 Cal. App. 4th 1376 · California Court of Appeal · Aug 31, 2015

Simply asking Tupuo if he would know anything did not establish Tupuo was effectively unavailable as a witness. … For the same reasons, the court’s determination may be established by a preponderance of the evidence.

People v. Tellez

128 Cal. App. 3d 876 · California Court of Appeal · Feb 17, 1982

Both officers, who were qualified narcotics experts, recognized the powder on the car as resembling heroin. Vasquez and the female driver were both arrested. … Appellant’s records were adjusted to reflect that he would remain on parole until May 27, 1982, an additional two years after his previously established termination date.

Baranchik v. Fizulich

10 Cal. App. 5th 1210 · California Court of Appeal · Apr 19, 2017

They argued that Officer Fizulich was entitled to qualified immunity as to Phillip’s false arrest claim because he reasonably believed that probable cause existed to arrest Phillip for public intoxication. … Eric cites no case law supporting his argument that a dismissal under section 1203.4 invalidates his conviction or qualifies as a favorable termination similar to an executive pardon or a reversal on appeal.

In Re Issac J.

4 Cal. App. 4th 525 · California Court of Appeal · Mar 10, 1992

It is this “rule 31(a),” the qualified rule, which is made applicable to FFC cases by rule 39(a)—unless the application of the rule, as qualified, “would be clearly impracticable or inappropriate.” … Once it has been established that a cognizable request for permission to file a late appeal has been made, it remains to review such a request.