Case law

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

Los Angeles County Department of Family & Children's Services v. S.A.

114 Cal. App. 4th 771 · California Court of Appeal · Dec 22, 2003

(1) respondent does not qualify for presumed father status, and (2) the appellant who was designated a de facto parent does qualify as a presumed father. … Subdivision (c) clearly states that a section 7611 presumption is rebutted by a judgment; the judgment acts to preclude the issue of paternity from being redetermined.

People v. Koy Leng

83 Cal. Rptr. 2d 433 · California Court of Appeal · Apr 28, 1999

“One may thus violate section 245(a)(1) in two ways that would not qualify as ‘serious’ felonies under section 1192.7, subdivision (c): First, one may aid and abet the assault without personally inflicting great bodily harm … However, the prosecution failed to introduce any evidence to establish the serious or violent nature of the underlying adjudication.

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.

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.

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.

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.

City of Santa Monica v. Grubb

245 Cal. App. 2d 718 · California Court of Appeal · Oct 19, 1966

of the state Constitution forbids any city to incur any indebtedness or liability in any manner or for any purpose exceeding in one year the income revenue provided for that year without the assent of two-thirds of the qualified … Section 401 of the city charter provides: “The City shall have the power and may act pursuant to procedure established by any law of the State, unless a different procedure is established by ordinance.” In Ravettino v.

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

In Re Lauren R.

56 Cal. Rptr. 3d 151 · California Court of Appeal · Mar 19, 2007

Amanda contends the agency, here SSA, must determine only the first prong of the qualifying phrase, leaving the second to the determination of the juvenile court, but we conclude the statute clearly requires SSA to make both … Velda's standing as a relative clearly influenced the court, as indicated by its comments when making findings.

Clayes v. Nutter

49 Cal. App. 148 · California Court of Appeal · Aug 30, 1920

of the rents, issues and profits by them received from such real property, they, said .trustees, shall pay all taxes levied and assessed upon the trust property either by state, county, city or other duly constituted and established … Hubbard, deceased, were also the executors of said will and served in that capacity, but they did not qualify as trustees until they as executors had completed the administration of said estate and distributed the same.

Bank of Italy v. Newman

68 Cal. App. 420 · California Court of Appeal · Aug 29, 1924

Appellants contend that the “heirs at law” so described are the persons who qualify as such under section 1386 of the Civil Code, and that this view is reinforced by the words which follow: “according to the laws of succession … Except for the establishment of general principles, very little aid can be procured from adjudged cases in the construction of wills.

Shaw v. Shaw

204 Cal. App. 2d 210 · California Court of Appeal · May 29, 1962

The three decisions cited not only fail to support the statement, but they clearly demonstrate its error. … It is established by a legion of decisions that a California court will not order a change in the custody of a minor child in the absence of a showing that the welfare of' the child clearly requires it. (Norton v.

City of Fresno v. Superior Court

California Court of Appeal · Mar 23, 2026

Clearly, it is the trier of fact that must in most situations make the determination.’ ”].) … The threshold for using deadly force is clearly established under United States Supreme Court precedent and 21. relate to a threatened injury upon an officer by a citizen.

People v. Landaverde

California Court of Appeal · Feb 7, 2018

This is clearly demonstrated by two of the leading California Supreme Court cases in this area. … If that was not the case, literally thousands of cases would be subject to being vacated and, in many cases, rendered immune from 15 prosecution.

Tournai v. CSAA Insurance Exchange

California Court of Appeal · Jan 11, 2024

However, regardless of what caused their failure to reach an agreement over the $30,451.98, defendant and plaintiff clearly did not reach an agreement as to that amount. … In the absence of any exception (which plaintiff has failed to establish, as concluded above), and regardless of whether plaintiff filed an action asserting bad faith claims, the trial court was required under Code of Civil

Tournai v. CSAA Insurance Exchange

California Court of Appeal · Jan 11, 2024

However, regardless of what caused their failure to reach an agreement over the $30,451.98, defendant and plaintiff clearly did not reach an agreement as to that amount. … In the absence of any exception (which plaintiff has failed to establish, as concluded above), and regardless of whether plaintiff filed an action asserting bad faith claims, the trial court was required under Code of Civil

Holm v. Bramwell

20 Cal. App. 2d 332 · California Court of Appeal · Apr 13, 1937

In the present case, the plaintiff is clearly not entitled to recover a lien to secure the repayment of money which he advanced to George Collins pursuant to an illegal contract, for the reason that this suit is based upon … In the present case the general contractor seeks to recover money he paid to his own subcontractor under his agreement with the subcontractor who was not qualified to make a valid contract because he was unlicensed.

Silva v. City of L.A. CA2/2

California Court of Appeal · Mar 2, 2022

City is entitled to absolute immunity and summary judgment was proper. … City of Los Angeles (2007) 150 Cal.App.4th 1332 (Prokop) held that a class I bikeway running along the Los Angeles River was “clearly not an easement of way for access to unimproved property.” (Id. at p. 1342.)

Abud v. Department of Employment

14 Cal. App. 3d 405 · California Court of Appeal · Jan 18, 1971

The legal issue as we view it is whether the vacation fund payments made in June 1967 were wages chargeable to the work year 1966 in which service was rendered to qualify for them, rather than the period following time of … Although questions of law are subject to judicial review, administrative interpretations of the act will be followed, unless they clearly are erroneous. (Barrett v. Cal. Unemp. Ins.