Case law

Gas v. City & County of San Francisco

206 Cal. App. 4th 897 · California Court of Appeal · May 31, 2012

The City argues the evidence established that use of electrical power at the Ferry Building did not materially change following renovation and that the MSA therefore dictates that the City’s supply of electricity qualifies … Bell (1923) 62 Cal.App. 320, 330, 334-335 [ 217 P. 538 ] (City of Berkeley’s establishment of public food market was a municipal affair).

Butler v. Scholefield

54 Cal. App. 217 · California Court of Appeal · Sep 14, 1921

The respondent, as the title of this proceeding indicates, is and has been for several years a duly elected and qualified member of said board of supervisors and regularly acting as such member. … Township Board etc., 22 Mich. 341 , cited by petitioner, is one of the very few cases which hold adversely to the principles established by the cases above named.

Morton v. Albers Bros. Milling Co.

98 Cal. App. 75 · California Court of Appeal · Apr 2, 1929

That finding under elementary and well-established rules cannot be disturbed on appeal. … As to the fourth specification of error relating to the measure of damages it will be sufficient to state we think the evidence clearly establishes that Morton upon the rejection of the maize and the refusal to pay therefor

Seymore v. Metson Marine, Inc.

194 Cal. App. 4th 361 · California Court of Appeal · Apr 14, 2011

For purposes of computing pay due under the [FLSA], a single workweek may be established for a plant or other establishment as a whole or different workweeks may be established for different employees or groups of employees … In the context of an overtime statute, this sentence clearly conveys the legislature’s intent that, *371 other than in the case of specific enumerated exceptions, a shift of more than eight hours of consecutive work qualifies

Amedee Geothermal etc. v. Lassen Municipal Utility Dist. CA3

California Court of Appeal · Apr 22, 2021

Finally, there was clearly a problem with a lack of adequate maintenance and a failure to replace aging parts and components. … There was no demonstration of specific damaging occurrences clearly attributable to the 12.47 line which would not happen with a 34.5 line.

Scalf v. D. B. Log Homes, Inc.

27 Cal. Rptr. 3d 826 · California Court of Appeal · May 5, 2005

Lodge Log thus concluded that it had established the complete absence of fault on its part and that it was entitled to indemnification as a matter of law. … As to each cláim as framed by the complaint, the defendant must present facts to negate an essential element or to establish *1520 a defense.

Shannon v. Rhodes

112 Cal. Rptr. 2d 217 · California Court of Appeal · Oct 1, 2001

The parties in Knight were engaged in a recreational game of football, clearly a physical activity and “sport” within any common understanding of the word. *797 In a companion case to Knight, Ford v. … Nor are we convinced, as respondent implies, that the fact some activity is done “for pleasure” automatically transforms it into qualifying for the protections of the doctrine of primary assumption of risk.

Oden v. BOARD OF ADMINISTRATION OF PUBLIC EMPLOYEES'RETIREMENT SYSTEM

23 Cal. App. 4th 194 · California Court of Appeal · Mar 14, 1994

Effectively, “[t]he government establishes two ‘salaries.’ … Here, the Assembly Committee analysis clearly indicates that “employer payments” mean actual payments, in addition to salary.

Creighton v. City of Santa Monica

160 Cal. App. 3d 1011 · California Court of Appeal · Oct 12, 1984

If a vacancy shall occur on the Board, the Board shall within thirty (30) days appoint a qualified person to fill such a vacancy until the following municipal election when a qualified person shall be elected to serve for … (b) Establishment of Base Rent Ceiling.

Williams Plumbing Co. v. Sinsley

53 Cal. App. 3d 1027 · California Court of Appeal · Dec 23, 1975

The case has not been overruled nor has its rule been qualified. But curiously, shepardization discloses no citation by California courts for that particular rule or aspect of the case. … transcript contains only findings prepared by appellant’s counsel although the judgment appears to have been drafted by respondents’ counsel. 2 We note that immediately after its holding, the Blakeney court observes: “The record clearly

Pacific Shore Funding v. Lozo

42 Cal. Rptr. 3d 283 · California Court of Appeal · Apr 27, 2006

Summary judgment is granted when a moving party establishes the absence of a triable issue of material fact and the right to entry of judgment as a *1349 matter of law. (Code Civ. Proc., § 437c, subd. (c); Aguilar v. … The creditor shall clearly and conspicuously disclose, in accordance with regulations of the Board, to any obligor in a transaction subject to this section the rights of the obligor under this section. . . .”

Californians for Safe Prescriptions v. California State Board of Pharmacy

19 Cal. App. 4th 1136 · California Court of Appeal · Oct 27, 1993

This ratio was established in the originally proposed rule as one to two, and was never changed. … Appellant’s claim that the reference to “appropriate records” in subdivision (c) of rule 1793.7 is vague and ambiguous is also without merit; in the context of the complete sentence, the phrase “appropriate records” clearly

Grant v. Long

33 Cal. App. 2d 725 · California Court of Appeal · Jul 21, 1939

In approaching this question it should be first clearly stated that the private conversations between Mr. and Mrs. Grant, upon which the latter in part relies to establish the contract, should be disregarded. While Mr. … The testimony which we have quoted clearly shows that after January 1, 1921, the officers of the Hotel Company clearly recognized the binding effect of the contract. Their statements to Mr. and Mrs.

Estate of Teddy

214 Cal. App. 2d 113 · California Court of Appeal · Mar 15, 1963

The relationship is established only if the stepfather receives the stepchild into his family and treats it as a member thereof. … It clearly embodies more than furnishing material help to a close relative who is in need.

Stanford v. Bailey Incorporated

132 Cal. App. 2d 725 · California Court of Appeal · May 4, 1955

There is no immunity from the duty imposed on the lessor by the fact that he is not an occupant. … An ordinance is not to be given a retroactive effect unless such intention clearly appears.

Bay Area Women's Coalition v. City & County of San Francisco

78 Cal. App. 3d 961 · California Court of Appeal · Mar 21, 1978

His interest in becoming a juror is clearly secondary to the interests of the litigants in securing an impartial jury, as shown by the traditional exclusion of prospective jurors for cause or upon peremptory challenge. … offices and to those who would be served by them, than is the opportunity to be included in a pool of citizens from which prospective jurors are to be summoned. *970 In order to meet the “strict scrutiny test” the City must establish

Sandoval v. Pali Institute

California Court of Appeal · Aug 13, 2025

Second, there is no foundation to establish the statements would qualify under the spontaneous statement exception. … Construing conduct which consists of engaging in gender identity discussions aimed at establishing a more inclusive school environment as outrageous or a breach of a duty of care would run directly counter to that established

Dorado v. Knudsen Corp.

103 Cal. App. 3d 605 · California Court of Appeal · Mar 21, 1980

Knudsen’s Dual Capacity Requires Further Specification of Facts The documentary evidence filed by Knudsen in support of its motion clearly demonstrates that it occupies a dual capacity in respect of Todds Food Company, assuming … to his capacity as employer, a second capacity that confers on him obligations independent of those imposed on him as employer.’ *613 “Characterizing a defendant as an ‘employer’ and therefore automatically cloaked with immunity

MacQuiddy v. Mercedes-Benz

California Court of Appeal · Jan 29, 2015

MacQuiddy also noticed the depositions of persons most qualified from Mercedes- Benz and W.I. Simonson, with accompanying document demands. … Thus, the offeree must be able to clearly evaluate the worth of the extended offer.” (Berg v.

Hoffmann v. Young CA2/6

California Court of Appeal · Nov 4, 2022

Young (2022) 13 Cal.5th 1257 (Hoffmann II) – interprets Civil Code section 846, which establishes the recreational use immunity defense.1 The defense is set forth in section 846, subdivision (a): “An owner of any estate or … “We hold that a qualifying invitation under section 846(d)(3) may be made by a landowner’s authorized agent who issued the invitation on the landowner’s behalf.