Case law

Alexander v. State Ex Rel. Department of Transportation

159 Cal. App. 3d 890 · California Court of Appeal · Aug 30, 1984

To the contrary, these recent cases, taken together, clearly establish the rule that the term “use(d) with due care,” contained in Government Code section 830, subdivision (a), defining “dangerous condition,” does not as … successfully established the existence of a dangerous condition.

Weiss v. Google CA4/1

California Court of Appeal · Mar 16, 2026

Weiss asserted Google engaged in “business disparagement, defamation, libel, or rumor spreading” because its staff “has clearly made false statements … to … Google” about Weiss’s business, which he again asserted did not … ‘The plaintiff must demonstrate the court erroneously sustained the demurrer and “must show the complaint alleges facts sufficient to establish every element of each cause of action.” ’ ” (Id. at p. 907.)

Tule Lake Com. v. Follis CA3

California Court of Appeal · Jun 4, 2024

The purchase of an airport by means of a written contract is clearly a commercial or contractual activity. Thus, Nation is immune from any lawsuit arising from its purchase of the airport from the City. … In that case, a panel of the First District ruled the doctrine of tribal sovereign immunity bars a quiet title action to establish a public easement for coastal access on property owned by an Indian tribe.

People v. Luna

170 Cal. App. 4th 535 · California Court of Appeal · Jan 15, 2009

California Department of Justice Senior Criminalist Matthew Kirsten, who qualified as an expert in manufacturing hashish, testified about all of the items that were found in appellant’s truck and how they contribute to the … even though that same act would be insufficient if the intent is not as clearly shown.

People v. Stewart

165 Cal. App. 3d 1050 · California Court of Appeal · Mar 21, 1985

Superior Court, supra, 36 Cal.3d 441 (hereinafter cited as Williams), a case emanating by way of a petition for writ of mandate filed prior to the commencement of trial, the court held that if prejudice is clearly established … Under a grant of immunity, an eyewitness testified that he saw defendant shoot the unarmed man in the stomach.

People v. Christopher B.

68 Cal. Rptr. 3d 253 · California Court of Appeal · Nov 20, 2007

the fact that experience has shown that the evidence of an accomplice should be viewed with care, caution and suspicion because it comes from a tainted source and is often given in the hope or expectation of leniency or immunity … A convicted adult felon could face a sentence double the term for the current offense with one qualifying prior juvenile adjudication, and up to life for a second. (Id., § 667, subd. (e).)

People v. Caird

63 Cal. App. 4th 578 · California Court of Appeal · Apr 23, 1998

Ochoa (1993) 6 Cal.4th 1199, 1206 [ 26 Cal.Rptr.2d 23 , 864 P.2d 103 ]), the evidence established the following. 1. Prosecution evidence. … We find Caird has failed to establish either claim. Reversal of a conviction for violation of section 1161 requires a showing of actual prejudice.

Duffy v. State Board of Equalization

152 Cal. App. 3d 1156 · California Court of Appeal · Mar 13, 1984

If a customer buys a new suit at a retail establishment, and the retailer alters it to fit the customer, the cost of the alterations is clearly subject to tax pursuant to Regulation 1524 which provides that “Charges for alterations … [S] . . . ‘404.09 Qualifying Statements.

Escrow Institute of Cal. v. Pierno

24 Cal. App. 3d 361 · California Court of Appeal · Mar 27, 1972

Must have specifically qualified directors; 3. Must have one or more persons possessing a minimum of five (5) years of responsible escrow experience; 4. … A legislative classification which is purely arbitrary and capricious and based upon no' reasonable or substantial difference between the classes is clearly unconstitutional. (D el Mar Canning Co. v.

Fenske v. Board of Administration

103 Cal. App. 3d 590 · California Court of Appeal · Mar 20, 1980

Consequently, the Board bears the burden of establishing not only that the state has a compelling interest which justifies the law but also that the classification is necessary to further its purpose (Sail'er Inn, Inc., at … officer or employee of a police department of a contracting agency, except one whose principal duties are those of a telephone operator, clerk, stenographer, machinist, mechanic, or otherwise and whose functions do not clearly

Johnstone v. Gloster

49 Cal. App. 750 · California Court of Appeal · Nov 8, 1920

It further appears clearly from the finding that at the time of the appropriation of these waters and the use of the same they were unappropriated hnd unused water, and that the ditches were constructed over and across the … Said' findings in favor of plaintiffs are not qualified in any manner by the finding in favor of defendants.

Zuckerman v. Pacific Savings Bank

187 Cal. App. 3d 1394 · California Court of Appeal · Dec 17, 1986

All four causes of action are clearly predicated on the existence of an accord and satisfaction; no other basis for relief was pleaded or asserted in opposition to the summary judgment motion. … the entire declaration of Gibbons is incompetent as not based on personal knowledge, but only on unattested records, and that all of the exhibits to this declaration are inadmissible hearsay as no foundation was made to qualify

Wong v. Regents of University of California

15 Cal. App. 3d 823 · California Court of Appeal · Mar 5, 1971

Noting that the university’s action was not established as arbitrary, capricious, or unreasonable, the court denied relief stating (at p. 644): “The Court may not substitute its own opinion as to the merits of a doctoral … Cal.App.2d 241, 246 [ 280 P.2d 522 , 49 A.L.R. 2d 1194 ], passing upon a contention that a Vehicle Code section was unconstitutionally vague and overbroad, held: “Statutes must be upheld unless their unconstitutionality clearly

People v. Wilen

165 Cal. App. 4th 270 · California Court of Appeal · Jul 25, 2008

Health and Safety Code sections 11470.1 and 11470.2 established a two-track approach for recovering the costs incurred in cleaning up illegal substance operations. … We now address whether this error, and the denial of defendant’s jury trial right, qualify as prejudicial, requiring reversal.

KINGS REHABILITATION CENTER, INC. v. Premo

81 Cal. Rptr. 2d 406 · California Court of Appeal · Jan 13, 1999

Kings points to the use of the word “appropriate” as a qualifier. … There are many agencies which of necessity establish comprehensive manuals, technical standards and so forth, often of interest to only a select few.

In Re McKeon

9 Cal. App. 2d 223 · California Court of Appeal · Sep 20, 1935

He also contended that the ordinance does not license nor provide for any specific type of inspection and that it is clearly and avowedly a revenue measure. … Under the old charter the qualifying clause read: “ . . . except such as require permits from the Board of Police Commissioners as provided in the Charter.” (Subd. 15, sec. 1, chap. 2, art. II.)

Matherly v. Allen

86 Cal. App. 2d 95 · California Court of Appeal · Jun 9, 1948

A ‘competitive-temporary’ eligible list may be established and maintained for any class of positions as the needs of the service require. … Facts were found which show clearly the temporary nature of the positions to which he and others similarly situated were appointed. The judgment is affirmed. Wood, J., and McComb, J. assigned, concurred.

In Re Alicia S.

76 Cal. Rptr. 2d 121 · California Court of Appeal · Jun 24, 1998

by testimony of a qualified expert witness. … Congress has clearly defined the nature of the relationship an Indian child must have with a tribe in order to trigger application of the Act.

Reinert v. Superior Court

2 Cal. App. 3d 36 · California Court of Appeal · Nov 24, 1969

No attempt was made by the People to qualify Officer Lopez as an expert on the objective symptoms of drug use. … Rios, supra, clearly demonstrated that the facts of this case are clearly distinguishable and exposes the weakness of the People’s position in the matter before us.

McEuen v. Los Angeles County Bureau of Adoptions

196 Cal. App. 2d 426 · California Court of Appeal · Oct 20, 1961

The burden rests upon the moving party to establish that the guardianship is no longer necessary. (Guardianship of Brock, 154 Cal.App.2d 431, 433 [ 316 P.2d 3 ].) … The witness was asked whether the court in the adoption proceedings was informed of the fact that the McEuens were at that time guardians of the said minor,— clearly immaterial to the within proceeding.