Case law

People v. Caballero

41 Cal. App. 146 · California Court of Appeal · May 12, 1919

So in the case at bar the court clearly instructed the jury that it was their exclusive province to determine the facts from the evidence; that with questions of fact, the weight of evidence and the credit to be given to … witnesses, the court had nothing to do; and that the burden was upon the prosecution to establish defendant’s guilt beyond a reasonable doubt.

People v. Tuyen Thanh Le

39 Cal. Rptr. 3d 146 · California Court of Appeal · Feb 10, 2006

(b)(1)) “unequivocally establishes that the electorate intended to qualify as separate strikes each prior conviction that a defendant incurred relating to the commission of a serious or violent felony, notwithstanding the … Additionally, section 1170.12, subdivision (b)(1)(B), “provides explicitly that a stayed or suspended sentence is not exempt from qualifying as a strike.” (18 Cal.4th at p. 31.)

Samura v. Kaiser Foundation Health Plan, Inc.

17 Cal. App. 4th 1284 · California Court of Appeal · Aug 17, 1993

Code, § 1340 et seq., hereafter Knox-Keene Act) and qualified under the federal Health Maintenance Organization Act of 1973. … The Westendorf decision can clearly be distinguished from the present case.

Gray v. State of California

207 Cal. App. 3d 151 · California Court of Appeal · Jan 13, 1989

First, plaintiffs must establish that Penal Code *155 section 12076 imposes a mandatory, and not discretionary, duty. (Nunn v. … Whether the Department of Justice must investigate an individual’s criminal and mental health background in every state, on the federal and even international level, the Legislature should clearly indicate.

Department of Motor Vehicles v. Superior Court of Los Angeles County

271 Cal. App. 2d 770 · California Court of Appeal · Apr 14, 1969

The question as to whether a hearing officer qualified under the Administrative Procedure Act is required to preside over a formal license suspension hearing was before the court in Serenko v. Bright, supra. … In disposing of this question the court stated: “The Administrative Procedure Act is a general law relating to administrative procedure in hearings and by established precedent such regulations must yield to special statute

Morgan v. City of Los Angeles Board of Pension Commissioners

102 Cal. Rptr. 2d 468 · California Court of Appeal · Dec 20, 2000

The New Pension System was established in 1967, and includes police officers hired between its enactment and 1980, when a new plan was adopted. … An administrative agency’s interpretation of a statute the agency is charged with implementing is entitled to great weight, and the agency’s interpretation will be accepted unless clearly erroneous.

McMahon v. McCulloch

81 Cal. App. 2d 480 · California Court of Appeal · Sep 10, 1947

All that such an adjudication can judicially establish is the existence of a state of facts falling within the quoted definition, but the establishment of such facts would fall short of proving testamentary incapacity. … Appellant overlooks the qualifying words “on the date of the adjudication.”

San Diego County Department of Social Services v. Kelly D.

215 Cal. App. 3d 889 · California Court of Appeal · Nov 15, 1989

Mother’s conduct prior to Troy’s birth was sufficient to establish the court’s jurisdiction. The trial court correctly overruled Mother’s demurrer. … Dixon stated that some of the symptoms associated with babies born under the influence of drugs are clearly distinct although some irritability and feeding problems are also seen in preterm infants.

People v. Valentine

93 Cal. Rptr. 2d 587 · California Court of Appeal · Jun 14, 2000

Appellant contends the prosecution must establish the acts here were accomplished by means of duress—or one of the other listed forms of unlawful pressure—in order to convict him for forcible oral copulation and forcible … Clearly the trial court here wanted to impose an additional fine, possibly pursuant to Penal Code section 288. It is also clear the court had the authority to impose such a fine.

Sequoia Park Associates v. County of Sonoma

176 Cal. App. 4th 1270 · California Court of Appeal · Aug 21, 2009

such intention is made clearly to appear either by express declaration or by necessary implication.’ … Code, § 50782 [establishing the Mobilehome Park Purchase Fund].) The state clearly has an interest in mobilehome park conversions, but is willing to have local governments occupy some role in the process.

Holliday v. Jones

215 Cal. App. 3d 102 · California Court of Appeal · Sep 28, 1989

establishes Jones’s negligence caused the Holliday children to suffer emotional distress. … That is whether there should be recompense when the criminal defendant’s actual innocence has not been established.

California Teachers Ass'n v. Governing Board of Lancaster School District

229 Cal. App. 3d 695 · California Court of Appeal · Apr 24, 1991

Clearly the amendment is purely prospective in effect.” ( 21 Cal.3d at p. 665 .) … The Lancaster School District has not established a special salary category to encourage advanced course work by adopting General Provision No. 9.

Harris v. Investor's Business Daily, Inc.

41 Cal. Rptr. 3d 108 · California Court of Appeal · Mar 29, 2006

A “savings clause” provides that nothing in the FLSA “shall excuse noncompliance with any Federal or State law or municipal ordinance establishing a minimum wage higher than the minimum wage established under this chapter … Nor did they present other evidence sufficient to demonstrate that appellants qualified for the exemption.

People v. Wismer

58 Cal. App. 679 · California Court of Appeal · Aug 4, 1922

the exception provided in section 1076, and that he was, therefore, disqualified beyond any power to qualify him under the law. … There was one other element only to be established to make out a case against the accused, and that was the fact that he was a member of said organization at the time mentioned in the indictment, and this element was removed

In Re Hancock

92 Cal. App. 2d 481 · California Court of Appeal · Jun 17, 1949

On March 25, 1935, without contest, the trial court made its order establishing it as a newspaper of general circulation. … Respondents contend that the legislative *484 intent is clearly expressed by the preceding sections (Gov.

Simons v. Steverson

106 Cal. Rptr. 2d 193 · California Court of Appeal · Apr 24, 2001

The court disagreed that the act of negotiating qualified as the practice of law and pointed out Steverson “didn’t say he represented anyone as a lawyer.” … In so doing, Rudolph & Beer clearly sought to obtain benefits and exercise privileges which are peculiarly specific to California.

Johnson v. Department of Motor Vehicles

177 Cal. App. 2d 440 · California Court of Appeal · Jan 26, 1960

It is clearly proper that such violations shall be considered much more serious than those which involve negligence or inattention. … The Legislature has properly placed within the Motor Vehicle Department the discretion of determining what persons are qualified to receive operator’s licenses and of determining what licenses should be revoked.

People v. Shirley

78 Cal. App. 3d 424 · California Court of Appeal · Mar 8, 1978

He could not clearly establish, however, that the Bledigs’ signatures on the grant deed were forgeries. … Payne’s testimony was insufficient to qualify Security Title’s records as admissible under the business-records exception to the hearsay rule established by Evidence Code section 1271.

Conservatorship of Smith

9 Cal. App. 3d 324 · California Court of Appeal · Jun 30, 1970

An order denying a motion to dis *328 qualify an attorney in regular civil cases may be appealable (Getrost v. … conservatorship matters, from the standpoint of the appealability of orders, we should go beyond making applicable to conservatorships specifically spelled out general probate and guardianship procedures which themselves clearly

Buzgheia v. Leasco Sierra Grove

60 Cal. App. 4th 374 · California Court of Appeal · Dec 22, 1997

Rushing paid Anderson to allow Rushing’s company to qualify for a swimming pool license, but Anderson did no work. (Pp. 601-602.) … The jury was instructed that Buzgheia had the burden to prove the facts necessary to establish his claim, that he had to have an RME as defined, and that “an individual such as Charles Laird is considered a ‘qualified’ RME