Case law

CORONADO POLICE OFFICERS ASS'N v. Carroll

131 Cal. Rptr. 2d 553 · California Court of Appeal · Mar 6, 2003

Rather, this must be ascertained by reviewing protocols established by the Public Defender for use of the database, information regarding the inputting and source coding of data, and possibly the raw computer program itself … For these reasons we conclude the public interest served by not disclosing the database clearly outweighs the public interest in disclosure.

Exxon Mobil Corp. v. Office of Environmental Health Hazard Assessment

169 Cal. App. 4th 1264 · California Court of Appeal · Jan 7, 2009

A chemical “is known to the state to cause cancer or reproductive toxicity” if: (1) “in the opinion of the state’s qualified experts it has been clearly shown through scientifically valid testing according to generally accepted … establish that the chemical does not satisfy the criteria of subsection (g), paragraph (1) or subsection (g), paragraph (2).”

Hodge v. Superior Court

145 Cal. App. 4th 278 · California Court of Appeal · Nov 29, 2006

“[T]he Legislature has clearly stated its intent that the remedies and penalties under the UCL be cumulative to other remedies and penalties.” (Stop Youth Addiction, Inc. v. … The court considered the affirmative defense of design immunity, holding that one element of such a *286 defense must be tried to the court and the remainder to a jury. (Id. at p. 67.)

Garrett Corp. v. State Board of Equalization

189 Cal. App. 2d 504 · California Court of Appeal · Feb 28, 1961

The holding, in our opinion, is clearly at variance with Santa Fe Transp. Co. v. … Contrary to appellant’s assertion, it appears that the established policy of this state is to tax the gross receipts from all sales in this state (Chicago Bridge & Iron Co. v.

Howard v. Howard

70 Cal. App. 2d 731 · California Court of Appeal · Sep 12, 1945

Howard was by an order of court appointed guardian of said children on January 20, 1944, duly qualified and has since acted as such guardian, that the children are in boarding schools; that plaintiff never at any time supported … His action was clearly an attempt to correct a determination which, in his opinion, was rendered by reason of judicial error.

Hines v. California Coastal Commission

186 Cal. App. 4th 830 · California Court of Appeal · Jun 17, 2010

buffer was initially established. … McAllister does not stand for such a proposition and is clearly distinguishable.

City of Vallejo v. Adult Books

167 Cal. App. 3d 1169 · California Court of Appeal · Apr 25, 1985

As in Young , most books and films will either clearly fall within the scope of the ordinance or not. … For instance, a theatre showing films “twenty five percent or more of the number of which” depict sexual conduct, qualifies as an “adult theatre” and is subject to the zoning provisions of the ordinance.

Batt v. San Diego Sun Publishing Co., Ltd.

21 Cal. App. 2d 429 · California Court of Appeal · Jun 17, 1937

—It is clearly understood that I am not an employee of the San Diego Sun in any sense. I am to buy from the company and pay for all papers delivered to me. “12. … If the written contract established the relationship between appellant and Cottrell, respondents’ rights of recovery against appellant are fixed by that relationship.

People v. Marven C.

33 Cal. App. 4th 482 · California Court of Appeal · Mar 24, 1995

Los Angeles Police Officer Juan Gomez qualified as a gang expert. He testified that the 18th Street and Street Criminal gangs had been in conflict since late 1991. … Only those minors over the age of 14, who may be presumed to understand the wrongfulness of their acts, and those under 14 who—as demonstrated by their age, experience, conduct, and knowledge— clearly appreciate the wrongfulness

Best v. California Apprenticeship Council

161 Cal. App. 3d 626 · California Court of Appeal · Oct 12, 1984

While Best argues this statute is ambiguous, it clearly is a direction by the Legislature to the courts to use a substantial evidence standard of review on CAC decisions. … JATC is clearly a “person” within the meaning of the statute, who conducts an apprenticeship program in which Best was then enrolled.

DCM PARTNERS v. Smith

228 Cal. App. 3d 729 · California Court of Appeal · Mar 6, 1991

The phrase “at its due date” qualifies when the claim will not be enforced, not the date on which the parties agreed to extend the time for payment. (See also 1 Witkin, Summary of Cal. … This decision reflects the difficulty in clearly differentiating between bargains which are loans of money and those which are not.

Harrold v. Levi Strauss & Co.

236 Cal. App. 4th 1259 · California Court of Appeal · May 19, 2015

The clause clearly was intended to apply to both a request and a requirement. As the Court of Appeal recognized in Absher v. … Thus plaintiff has failed to establish the necessary numerosity, the existence of an ascertainable class, or that her claim is typical of the purported class she seeks to represent.

Mission Viejo Emergency Medical Associates v. Beta Healthcare Group

197 Cal. App. 4th 1146 · California Court of Appeal · Jun 29, 2011

Once the moving party has established the existence of the arbitration agreement, the burden shifts to the party opposing arbitration to establish, by a preponderance of the evidence, the factual basis for any defense to … We note that neither case involves an arbitration provision, and we question the premise that an arbitration provision qualifies as unusual or unfair language.

Jackson v. City of Sacramento

117 Cal. App. 3d 596 · California Court of Appeal · Mar 31, 1981

In order to qualify for industrial disability under the city retirement plan, the requirements are more stringent than those of the workers’ compensation plan. … “Evidence established that Appellant is not suffering from any organic heart disease.

California Teachers Ass'n v. Vallejo City Unified School District

149 Cal. App. 4th 135 · California Court of Appeal · Mar 29, 2007

Clearly, such a result would be contrary to the statutory scheme, which grants protections to all probationary employees. … Thus, while our discussion refers to the “43 teachers” as a group, statutory and decisional law clearly establish the probationary status of the nine district interns.

Harder v. Allred

61 Cal. App. 394 · California Court of Appeal · Mar 15, 1923

In this respect it is claimed that the evidence clearly shows that the block within which the property is situated had been subdivided by the construction of houses and division fences, and that the house and lot as shown … This rule is somewhat qualified with reference to a sale of urban property under certain circumstances, when such property is described as containing an estimated number of acres.

Rosales v. State of California, Dept. of Transportation CA4/1

California Court of Appeal · Jan 12, 2016

Register list of recognized tribes is generally sufficient to establish entitlement to sovereign immunity." … Appellants' claims clearly implicate fundamental tribal interests, and a judgment in favor of appellants would clearly have the potential to severely prejudice the JIV.

People v. Mendez

35 Cal. App. 3d 606 · California Court of Appeal · Nov 27, 1973

He had been a police officer for eight years and had qualified in court as an expert on the use and sale of narcotics. … The instant case is thus clearly distinguishable from People v. Conley, 21 Cal.

Conley v. Pacific Gas & Electric Co.

31 Cal. Rptr. 3d 719 · California Court of Appeal · Jul 21, 2005

Code, §§ 510, 515) unless PG&E affirmatively establishes that the employees in question qualify for an exemption to that requirement under both federal and state law. … Clearly, therefore, Suastez does not preclude PG&E from requiring its exempt employees to use their vacation leave, if available, when they want or need to take a partial-day absence.

Gelfo v. Lockheed Martin Corporation

43 Cal. Rptr. 3d 874 · California Court of Appeal · Jun 2, 2006

Paul deemed Gelfo a “qualified injured worker.” Pratley reexamined Gelfo in September 2001. … Gelfo failed to establish an entitlement to punitive damages.