Case law

Sklar v. Franchise Tax Board

185 Cal. App. 3d 616 · California Court of Appeal · Sep 17, 1986

The connection must be affirmatively established by the taxpayer. … It is now settled that merely labelling an act as “legislative” does not immunize it from mandamus, especially if the act is completed. (See Candid Enterprises, Inc. v.

Chelhar v. Acme Garage

18 Cal. App. Supp. 2d 775 · California Court of Appeal · Aug 18, 1936

Clearly she has none, and she does not acquire any by the celerity of her movements in seizing and selling property under it. … “It needs no argument to establish that an instrument declared by law to be absolutely void as against existing creditors cannot legally be made the basis of a valid sale as against them.

Morrison v. White

10 Cal. App. 2d 266 · California Court of Appeal · Nov 19, 1935

This is an appeal from a judgment rendered in an action for a recount of votes cast in a special election on the proposed establishment of the Bidwell Municipal Utility District, which included the city of Chico, a municipality … After a certificate declaring said result by the board of supervisors had been filed as provided by law, plaintiff herein, a qualified voter of the city of Chico, filed a contest of said election upon various grounds, principally

Kirkpatrick v. Kirkpatrick

109 Cal. App. 2d 709 · California Court of Appeal · Mar 13, 1952

In qualifying as administratrix of *710 the modest estate, the widow did not list the son as an heir although she knew of his existence. … Approval of account without requiring administratrix to establish affirmatively the propriety of the charges and credits. “7.

Hernandez v. Qureshi CA2/5

California Court of Appeal · Aug 19, 2020

Sinkhorn failed to establish he is qualified to refute Dr. McLain’s opinions.” The court struck Dr. Sinkhorn’s declaration in its entirety. 7. … He, therefore, was qualified to opine on whether any actions or omissions by defendants caused 3 It is established law that an expert may base his or her testimony upon a review of professional studies.

Covino v. Governing Board

76 Cal. App. 3d 314 · California Court of Appeal · Dec 29, 1977

Our conclusion that section 13337.3 does not obtain to college teachers is further fortified by the circumstance that while section 13336 is applicable to temporary teachers under section 13337.5, it is clearly inapposite … One, while as a general rule anyone may waive the advantage of law intended solely for his benefit, a law established for a public reason cannot be waived or circumvented by a private act or agreement (Civ.

Witherspoon v. Superior Court

133 Cal. App. 3d 24 · California Court of Appeal · Jun 23, 1982

During his oral presentation before this court, petitioner’s counsel emphasized the fact that petitioner (1) heretofore has offered to undergo further polygraph testing by “qualified examiners” 1 selected by the People or … Duck Wong (1976) 18 Cal.3d 178, 189 [ 133 Cal.Rptr. 511 , 555 P.2d 297 ], our Supreme Court rather clearly indicated that, as with all questions regarding any potential field of expertise, defendants must, from time to time

Western Contracting Corp. v. State Board of Equalization

39 Cal. App. 3d 341 · California Court of Appeal · May 22, 1974

A change in the tax rate does not qualify under this provision because it has nothing whatever to do with “proper completion of the work.” … That concession is clearly required by well established case authority. In National Ice etc. Co. v. Pacific F. Exp.

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.

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.

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.

People v. Jones

178 Cal. App. 4th 853 · California Court of Appeal · Oct 27, 2009

To prevail on an ineffective assistance of counsel claim, a defendant must also establish counsel’s performance prejudiced his defense. (Id. at p. 687.) … First, ‘ “[t]he burden is on the party attacking the sentence to clearly show that the sentencing decision was irrational or arbitrary. [Citation.]

Morse v. E. A. Robey & Co.

214 Cal. App. 2d 464 · California Court of Appeal · Mar 26, 1963

The opinion states: 1 ‘ The deed clearly is a conveyance upon condition subsequent, a reentry clause being unnecessary. . . . … If the dedication was complete by their acts, whether express or implied, it was thereafter irrevocable by them, and the effect of such dedication cannot be qualified by -any act or declaration thereafter made on their part

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.

Youngblood v. Workers' Compensation Appeals Board

216 Cal. App. 3d 764 · California Court of Appeal · Dec 15, 1989

With the enactment of section 5405.5, the Legislature clearly intended to extend the time within which an injured employee may file an initial request for rehabilitation benefits. … applicant] without further litigation.” 5 Section 5803 reads in part: “The appeals board has continuing jurisdiction over all its orders, decisions, and awards . . . and the decisions and orders of the rehabilitation unit established

Hegyes v. Unjian Enterprises, Inc.

234 Cal. App. 3d 1103 · California Court of Appeal · Sep 30, 1991

Monusko for her rubella status and to immunize her against rubella prior to conception resulted in the minor’s injuries. … Here, plaintiff does not qualify as a “person” whose interests are protected by the Vehicle Code.

The Prudential Insurance Co. v. Beck

39 Cal. App. 2d 355 · California Court of Appeal · May 31, 1940

The majority opinion holds that appellants established a prima facie case. … A claim in a probate proceeding, though it may be contested by interested parties, is when allowed an acknowledged debt and is equivalent to a qualified judgment in an action such as is here presented. (Prob.

Dickens v. Provedent Life & Accident Insurance

11 Cal. Rptr. 3d 877 · California Court of Appeal · Apr 7, 2004

On the issue of whether Dickens could establish a probability he would prevail upon his claim, the evidence established the following sequence of events. … And to the extent Dickens’s claim is based upon testimony or evidence offered at his trial, that was also clearly part of an official proceeding authorized by law.

Lopez v. Green CA5

California Court of Appeal · Jul 10, 2015

“The moving party has the initial burden of establishing that the [cause of] action challenged qualifies for treatment under section 425.16” (Mattel, Inc. v. … “When the moving party establishes that the action qualifies for treatment under section 425.16, the burden shifts to the plaintiff to demonstrate the ‘probability that the plaintiff will prevail on the claim.’”

McGrory v. Applied Signal Technology, Inc.

212 Cal. App. 4th 1510 · California Court of Appeal · Jan 24, 2013

Some federal courts have determined that the immunity for participating is limited to sincere participation. … In other cases, the California Supreme Court has explained: “ ‘ “The malice necessary to defeat a qualified privilege is ‘actual malice’ which is established by a showing that the publication was motivated by hatred or ill