Case law

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.

People v. Burch

118 Cal. App. 2d 122 · California Court of Appeal · May 26, 1953

At the trial, after qualifying as an expert, one of the officers testified that the conversation which had been overheard between defendant and the women in the automobile disclosed a form of oral bookmaking which was typical … Is punishable by imprisonment in the county jail or state prison for a period of not less than thirty days and not exceeding one year. ’ ’ The provision quoted states clearly that the offense of bookmaking can take place

Addison v. Department of Motor Vehicles

69 Cal. App. 3d 486 · California Court of Appeal · May 4, 1977

A place of business of an automobile dismantler which qualified as an ‘established place of business’ before the enactment of amendments to this section at the 1970 Regular Session of the Legislature shall be deemed to be … It cannot be invoked where the grant of express powers clearly excludes the exercise of others, or where the claimed power is incompatible with, or outside the scope of, the express power.

Stratton-King v. Martin

28 Cal. App. 3d 686 · California Court of Appeal · Oct 24, 1972

This decision was based upon findings that the preponderance of evidence did not establish a significant physical impairment nor impairments permanent in nature since they were medically remediable. … The regulation clearly does not embrace disabilities which are unavailable for financial, geographical, or social reasons but rather only those not medically available.

Cal. Teachers Ass'n v. Vallejo City Unified School Dist.

56 Cal. Rptr. 3d 712 · 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. [5] In a footnote in Summerfield , we remarked in passing

In Re Marriage of Smith

79 Cal. App. 3d 725 · California Court of Appeal · Apr 11, 1978

Faus and the authorities it discussed authoritatively establish that properly qualified evidence of comparable sales of real property is relevant to the issue of value of the real property in litigation. (48 Cal.2d at pp. … Evidence (2d ed. 1966) § 363, pp. 322-323.) (24) However, to be admissible, evidence of comparable sales must be properly qualified.

People v. Halbert

78 Cal. App. 598 · California Court of Appeal · Jul 7, 1926

The court did clearly announce to the jury the rule as usually given, covering the presumption of innocence and the requirement that before conviction the guilt of a defendant must be established to a moral certainty, and … They all agree that the light was sufficient for them to see clearly.

Franceschi v. Franchise Tax Board

1 Cal. App. 5th 247 · California Court of Appeal · Jul 8, 2016

The rule in California is that “‘[i]f . . . the court in the first action would clearly not have had jurisdiction to entertain the omitted theory or ground (or, having jurisdiction, would clearly have declined to exercise … It is well established that “[a] section 1983 claim may be brought in California state courts.” (Clark v. Yosemite Community College Dist., supra, 785 F.2d at p. 786.)

Jenkins v. JPMorgan Chase Bank, N.A.

216 Cal. App. 4th 497 · California Court of Appeal · May 17, 2013

However, the validity of trust deeds as real property security devices is clearly implied by the nonjudicial foreclosure statutes regulating their enforcement. (§ 2924 et seq.) … ―To satisfy the narrower standing requirements imposed by Proposition 64, a party must now (1) establish a loss or deprivation of money or property sufficient to qualify as injury in fact, i.e., economic injury, and (2) show

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.

In Re Rebecca H.

227 Cal. App. 3d 825 · California Court of Appeal · Feb 14, 1991

Fisher concluded the father: "is clearly a danger to others given his Narcissistic personality disorder and the specific dynamics of his self-absorption and inability to perceive the actual basic needs of his infant children … In other circumstances, the court may decide to call upon two qualified experts at the outset. C.

Walters v. Marler

83 Cal. App. 3d 1 · California Court of Appeal · Jun 23, 1978

Clearly Walters would not have the incurred attorney’s fees attributable to this case had the property been as it was represented to be. … . *35 The evidence established that Proulx was the president of Lampliter and its “qualifying real estate broker.” Leseman was a real estate broker and employed by Lampliter.

Marten v. Thies

99 Cal. App. 3d 161 · California Court of Appeal · Nov 29, 1979

In view of this history, the director’s belief that the wife might flee with the child was clearly reasonable. … The wife fails to state in what respect an attorney is better qualified to communicate with, and represent the interests of an infant regarding her adoptive placement than the agency established for that purpose, and designated

People v. Reeves CA2/8

California Court of Appeal · Feb 14, 2014

Specifically, defendant argues testimony given at trial failed to establish that his words were taken as threats. … Harris’s testimony concerning his interaction with defendant on March 29, 2010, established that defendant behaved starkly differently on that date.

People v. Szymanski

135 Cal. Rptr. 2d 691 · California Court of Appeal · May 30, 2003

We agree with Szymanski that he was denied the right to have a trial before a qualified jury. … It is well established, “Denial of an appropriate and timely challenge for cause may result in an unqualified juror being forced on the defendant in violation of constitutional and statutory rights.

Chisom v. Bd. of Retirement etc.

California Court of Appeal · Jul 30, 2013

Upon satisfying age and service requirements, members of a county retirement system governed by CERL (such as FCERA) qualify to receive a service retirement allowance. … It was clearly the intent to have this agreement be the end.

People v. Kelly

69 Cal. App. 558 · California Court of Appeal · Nov 12, 1924

The questions were as to whether or not offer of. reward or hope of immunity was held out to defendant; or whether or not any force, threat, duress, or violence was offered him; and finally whether or not his statement was … Clearly a confession by the defendant on trial would be a sufficient corroboration. (People v. Tobin, 39 Cal. App. 76 [ 179 Pac. 443 ]; People v. Richardson, 161 Cal. 552 [ 120 Pac. 20 ]; People v.

People v. Jennings

5 Cal. Rptr. 3d 243 · California Court of Appeal · Oct 15, 2003

The malnutrition lowered the child’s immune system and may have contributed to the pneumonia. … Having established that silence during a joint custodial interrogation is not admissible to prove an adoptive admission, we are left to apply that rule to our case.

Haase v. San Diego Community College District

113 Cal. App. 3d 913 · California Court of Appeal · Dec 23, 1980

This permits the hiring of qualified persons for categorically funded programs of undetermined duration without incurring responsibility to grant tenured status based on such teaching services alone.” (Winslow v. … The second sentence of the provision pertains solely to newly appointed personnel who must receive a written statement establishing employment status and salary.

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