Case law

Vosburg v. County of Fresno

California Court of Appeal · Sep 9, 2020

Thus, it establishes the precedent that a de facto intervener may qualify as a “successful party” for purposes of section 1021.5 attorney fees. (See generally, 9 Witkin, Cal. … Consequently, to establish the foundation for our analysis of whether DACE qualifies as a de facto intervener, we consider the meaning of the modifiers “de facto” and “de jure.”

McKenna v. San Miguel Consolidated Fire Protection Dist. CA4/1

California Court of Appeal · Apr 18, 2013

While public employees have only qualified immunity for injuries caused by their misrepresentations, a public entity has absolute immunity for such injuries. (Gov. Code, §§ 818.8, 822.2; Harshbarger v. … immunity.

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.

Wittkopf v. County of Los Angeles

109 Cal. Rptr. 2d 543 · California Court of Appeal · Oct 10, 2001

It is a well-established principle that "[s]tatutes only operate prospectively unless the Legislature clearly intends retroactive application." ( Bank of America v. … These limitations on Wittkopfs ability to see are sufficient to qualify him as an individual with a disability under FEHA.

Hausfelder v. Security-First National Bank

77 Cal. App. 2d 478 · California Court of Appeal · Dec 31, 1946

He departed this life November 2, 1944, and his will was admitted to probate on January 3, 1945, when the defendant bank qualified as executor. … But where the right and title of a donee of corporate securities have been established by judicial decree the statute is not applicable.

Professional Engineers in California Government v. Department of Transportation

198 Cal. App. 4th 17 · California Court of Appeal · Aug 8, 2011

authorized CalTrans to enter into an unlimited number of P3’s without legislative approval provided that any proposed P3 be released for public comment at a hearing and thereafter be submitted to the Legislature and the newly established … Under any standard definition, the record reveals that the Project is clearly supplemental to existing facilities and adds capacity. 3 For example, the southbound exit ramp from Doyle Drive to Veterans Boulevard will be widened

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.

Vallejos v. California Highway Patrol

89 Cal. App. 3d 781 · California Court of Appeal · Feb 26, 1979

Furthermore, the burden of establishing an exemption is upon the public agency. (§ 6255.) … It is argued that the demurrers were properly sustainable on theories of governmental immunity, lack of payment under protest, as being improper class actions, as lacking compliance with claim statutes and that no cause for

Bullock v. Phillip Morris USA, Inc.

71 Cal. Rptr. 3d 775 · California Court of Appeal · Jan 30, 2008

a qualifying instruction]; Menchaca v. … “makes misleading statements or suppresses facts which materially qualify those stated” (italics added).

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

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.

Jeffrey v. Superior Court

125 Cal. Rptr. 2d 175 · California Court of Appeal · Sep 13, 2002

Once again, we are confronted with the annoying fact that the Legislature clearly knew how to write the statute to say what the petitioner says it says, and it didn’t. … We care about whether it is “regularly scheduled,” not “established.”

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.

Yohner v. California Department of Justice

237 Cal. App. 4th 1 · California Court of Appeal · May 22, 2015

A stepfather is clearly not legally the same as a father. … Burt is clearly distinguishable.

Castro v. State of California

114 Cal. App. 3d 503 · California Court of Appeal · Jan 9, 1981

This appeal involves the peculiar risk exception to the general immunity of an employer for the torts of its independent contractor. … Even were we to assume that the proposed instruction could somehow be deemed pertinent to the issue of liability under Restatement section 414, the failure to give the instruction was clearly nonprejudicial.

Nieto v. Fresno Beverage Co.

California Court of Appeal · Mar 22, 2019

The trial court’s ruling clearly and explicitly delineated the two standards, explaining that the FAA has general application to contracts “involving commerce,” but noting further “there is a narrow exemption” applied to … worked for a company in the business of distributing beer and other beverages brought in from out of state to be delivered to destinations or customers in the Central Valley, where the employee’s transportation work was clearly

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.

People v. Obie

41 Cal. App. 3d 744 · California Court of Appeal · Sep 13, 1974

“The rule is that to authorize the reception and consideration by the jury of evidence of an extrajudicial confession or admission of a defendant, it is not required that the prosecution establish the corpus delicti by proof … He also qualified as a forensic pathologist, explaining that “this consists of specialty study in this field of medicine and the law, particularly in regard to the investigation of violent death."

Steel v. Thompson

59 Cal. App. 191 · California Court of Appeal · Sep 27, 1922

It is clearly stated in Baker v. Eilers Music Co., 26 Cal. … It is also the established rule that whether in any given case there has been such surrender is a question of *193 fact to be determined in the first instance by the trial court. (Triest & Co. v.

Gayle v. Hamm

25 Cal. App. 3d 250 · California Court of Appeal · Apr 28, 1972

Consequently, the courts considering the petitions- for mandamus were able to make the determination that the proposed measure was clearly invalid beyond question, readily and with confidence. … If the number of qualified signatures is lacking, they want to go out and get the requisite signatures via a supplemental petition.