Case law

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

Charnay v. Cobert

51 Cal. Rptr. 3d 471 · California Court of Appeal · Nov 28, 2006

his fiduciary duty by fraudulently billing Chamay for services not performed at all or by using inflated rates for services performed by others, Chamay’s failure to comply with the contractual notice provision does not immunize … Under California law parties may agree to a provision shortening the statute of limitations, “qualified, however, by the requirement that the period fixed is not in itself unreasonable or is not so unreasonable as to show

Division of Labor Law Enforcement v. Barnes

205 Cal. App. 2d 337 · California Court of Appeal · Jun 29, 1962

There is no allegation establishing that the alleged indebtedness of Cramer arose from the transaction of employment. … This cause probably cannot qualify as a cross-complaint but, by amendment, may constitute a good counterclaim.

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.

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.

Jones v. Bank of San Jose

82 Cal. App. 696 · California Court of Appeal · May 4, 1927

Jones on April 23, 1926, and thereafter qualified as such administrator on May 19, 1926. … The facts of this case, as established by the evidence taken at the trial in the superior court, show that for some thirty years prior to his death W. 0.

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.

People v. Isaia

206 Cal. App. 3d 1558 · California Court of Appeal · Jan 4, 1989

We evaluate defendant’s assertion in light of established rules of statutory construction. In People v. … The statute in its present version clearly allows the court to reduce felonies to misdemeanors only when the felony is punishable in the alternative by a prison term or fine.

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. McDowell

27 Cal. App. 3d 864 · California Court of Appeal · Sep 20, 1972

We would breathe life into any latent tendencies to establish the jury as the instrument of the economically and socially privileged. … I think, very clearly, it was not so caused and should not be entered. “The Court: All right, move on with the argument, sir. “Mr.

Osborne v. Yasmeh

1 Cal. App. 5th 1118 · California Court of Appeal · Jul 28, 2016

The scope of the statute clearly is not limited to exclusionary practices. … The Legislature has clearly stated that business establishments must provide ‘equal . . . advantages . . . [and] privileges’ to all customers ‘no matter what their sex.’ (§ 51.)” (Id. at p. 39.)

Valley Baptist Church v. City of San Rafael

California Court of Appeal · Feb 26, 2021

Taxpayers have the burden of showing that they clearly come within the exemption. (Alpha Therapeutic, at p. 5; Cedars of Lebanon, at p. 734.) … (Pope & Goodrich, California Property Tax Exemptions, Exclusions, Immunities, and Restrictions on Fair Market Valuation—Or, Whatever Became of Full Value Assessment?

People v. Osotonu

California Court of Appeal · Sep 4, 2018

Pursuant to this stated definition, a bank clearly qualifies as a commercial establishment for purposes of section 459.5. In fact, in People v. … Although the high court did not directly address the definition of commercial establishment in Gonzales, its analysis is necessarily predicated upon the presumption that a bank qualifies as such.

Duarte v. Cal. State Teachers' Retirement System

232 Cal. App. 4th 370 · California Court of Appeal · Dec 15, 2014

The ALJ found that this federal loan was ultimately forgiven at the federal level “based on a standard that was not established at hearing.” B. … 17  Further, a member that meets the special eligibility requirements of subdivision (c) of section 24101, is required to have only one year of credited service, a requirement clearly

City of Sacramento v. Swanston

29 Cal. App. 212 · California Court of Appeal · Dec 21, 1915

In support of the position that the provision of the law concerned here involves special legislation or the granting of special privileges, rights, and immunities, contrary to certain specific inhibitions of section 25 of … I, see. 11)—a provision which was contained in the state constitution of 1849—was as clearly and logically explained as that language has ever been, judicially, in the very early case of Smith v.

Title Insurance & Trust Co. v. Canfield

80 Cal. App. 2d 443 · California Court of Appeal · Jun 18, 1947

In short, the trustor established not merely a spendthrift trust but a discretionary trust as well. … There our Supreme Court held that the immunity enjoyed under the terms of this trust by an allocation of trust net income to a debtor beneficiary does not extend as against actions brought under Civil Code, section 859, by

Jacobs v. All Persons, Etc.

12 Cal. App. 163 · California Court of Appeal · Dec 13, 1909

Indeed, as is clearly pointed out in the Barnett case, the use of the word “heirs” in the granting clause of a deed is not necessary to the conveyance of a fee. … The right of a husband to make a gift of such community property not intended as a fraud upon his wife is established by Spreckels v. Spreckels, 116 Cal. 339 , [ 58 Am. St.

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.