Case law

Orange County Social Services Agency v. Laura R.

148 Cal. App. 4th 841 · California Court of Appeal · Mar 19, 2007

Amanda contends the agency, here SSA, must determine only the first prong of the qualifying phrase, leaving the second to the determination of the juvenile court, but we conclude the statute clearly requires SSA to make both … Yelda’s standing as a relative clearly influenced the court, as indicated by its comments when making findings.

Dabbs v. Cardiopulmonary Management Services

188 Cal. App. 3d 1437 · California Court of Appeal · Jan 28, 1987

Shapiro is clearly inapposite. Here, plaintiff alleged she was discharged in retaliation for her protest of hospital working conditions which might have an adverse effect on the health and safety of patients. … We find support for our decision in general societal concerns for qualified patient care.

Front Line Motor Cars v. Webb

California Court of Appeal · May 13, 2019

The facts here clearly establish a seller assisted loan under section 2982.5. … Stated another way, Dealer failed to establish a default by either Davis or Phillips under the terms of the contract. They simply failed to qualify for the loan, not an event of default under the contracts.

Estate of Silverman

249 Cal. App. 2d 180 · California Court of Appeal · Mar 6, 1967

We think we are not authorized to declare such property or money exempt, except as she may be able to establish the same exemptions to which the statute entitles any execution debtor under like circumstances." … Appellant relies upon Holmes, supra, and excerpts language from that case which is clearly dicta as applied to the facts at bench.

Lesem v. Getty

23 Cal. App. 2d 57 · California Court of Appeal · Oct 4, 1937

It authorizes the council to “establish” the board, and to fill it by appointment. … . *66 Where the council assume to establish the board under the law and to appoint its members, there is no good reason why an irregularity or illegality in the act of establishing the office any more than an irregularity

People v. Hunt

133 Cal. App. 3d 543 · California Court of Appeal · Jul 6, 1982

John Minerva, who was granted immunity, testified that he had been with defendant earlier on the evening of August 8th, and when they parted Minerva had driven home. … However, there are mínimums that are established by each examiner and my personal preference is seven.

In Re Valerie A.

43 Cal. Rptr. 3d 734 · California Court of Appeal · May 30, 2006

Mother has appealed contending the trial court erred in excluding all evidence regarding the sibling relationship between these children and their half sister Adriana and that the evidence established a beneficial parental … Under any of the definitions of the term "sibling," Adriana qualifies as a sibling of these children. In the case before us the twin girls lived with their biological half sister for a number of months.

Nider v. City Commission

36 Cal. App. 2d 14 · California Court of Appeal · Dec 8, 1939

This clearly means by the unanimous vote of those participating in the hearing. … The meaning is that every citizen shall hold his life, liberty, property, and immunities under the protection of the general rules which govern society.” ’ (Cooley, Const., Lim. 353.)

People v. Morrison

110 Cal. App. 3d 476 · California Court of Appeal · Sep 23, 1980

II Appellant next contends that, in order to establish first degree murder under the felony-murder doctrine, the prosecution has the burden of first showing the homicide to be murder. … Uncontradicted evidence here established that, when he entered the victim’s house, appellant did so with the specific intent to steal.

People v. Valentine

113 Cal. Rptr. 2d 748 · California Court of Appeal · Nov 21, 2001

(Emphasis added) Appellant contends the prosecution must establish the acts here were accomplished by means of duress — or one of the other listed forms of *Page 1248 unlawful pressure — in order to convict him for 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.

Schwartz v. City of Dana Point CA4/3

California Court of Appeal · Oct 25, 2013

(b)) to “establish and maintain a voluntary program for the issuance of identification cards to qualified patients . . . .” (§ 11362.71, subd. (a)(1).) Subject to the requirements of the MMP (§ 11362.765, subd. … (a)), the Legislature provided immunity to “[a]ny individual who provides assistance to a qualified patient . . . or designated primary caregiver” (§ 11362.765, subd.

Carr v. Carr

15 Cal. App. 480 · California Court of Appeal · Feb 24, 1911

In the case here, Michael Carr, while clearly intending that M. … If, as I think is clearly true, he intended that M.

People v. Johnson

8 Cal. App. 5th 111 · California Court of Appeal · Feb 2, 2017

Now if a person “enter[s] a commercial establishment with intent to commit larceny while that establishment is open during regular business hours” and takes or intends to take property with a value not exceeding $950, that … Under subdivision (a) of that statute, shoplifting is now “defined as entering a commercial establishment with intent to commit larceny while that establishment is open during regular business hours, where the value of the

Rancheria v. Martin

California Court of Appeal · Jul 12, 2023

The Court of Appeal, Fourth Appellate District, Division One, found these facts established that “a tribal leadership and membership dispute currently exist[ed] . . . .” … Whereas California Valley determined whether a state agency could withhold monetary disbursements to a tribe given the tribe’s clearly disputed leadership (ibid.), Goodface determined which of two factions the Bureau must

People v. Thompson

25 Cal. App. 3d 132 · California Court of Appeal · Apr 25, 1972

Overwhelming evidence establishes appellant’s guilt to a moral certainty. … The witness Gregory Huglin, who was granted immunity from prosecution, testified that he, Warren and appellant later planned to harvest and market more marijuana.

O'Meara v. Palomar-Pomerado Health System

23 Cal. Rptr. 3d 406 · California Court of Appeal · Apr 27, 2005

Palomar's Executive Committee is a legally mandated hospital peer review organization established under Palomar's medical staff bylaws. (See Arnett v. … immunity for actions taken by members of a hospital peer review committee.

Paul v. Allied Dairymen, Inc.

209 Cal. App. 2d 112 · California Court of Appeal · Oct 29, 1962

not conceding that California can regulate producer prices, over the objection of the federal government, where the milk is to be resold to the United States, has concluded as a matter of procurement policy not to assert immunity … In our view, the district court was clearly correct in enjoining enforcement of the minimum distributor prices because the sales between the distributors and the United *116 States are consummated on territories under exclusive

People v. Moore

20 Cal. App. 3d 444 · California Court of Appeal · Oct 6, 1971

We think that Stroud is clearly determinative of the point here urged, particularly at this stage of the proceeding. … It is next contended that the evidence failed to1 establish that he was driving the car and, hence, the agency causing the accident.

Kern v. County of Imperial

226 Cal. App. 3d 391 · California Court of Appeal · Dec 19, 1990

Every transfer of property qualified as a ‘change in ownership’ shall be so regarded whether the transfer is voluntary, involuntary, by operation of law, by grant, gift, devise, inheritance, trust, contract of sale, addition … We also reject Kern’s interpretation of the 1982 legislation based on established principles of statutory construction.

People v. Conrad

31 Cal. App. 3d 308 · California Court of Appeal · Mar 26, 1973

As Officer Frost himself testified, at that point defendant clearly was not in custody. He was free to leave. … counsel was correct, as the life sentence returned by the jury established.