Case law

Agnew v. City of Los Angeles

110 Cal. App. 2d 612 · California Court of Appeal · Apr 29, 1952

It was clearly the intention of the Legislature to declare that the licensing and regulation of contractors by the state shall be the only licensing and regulation in the state. … Defendants offered no evidence to establish them.

Bode v. Los Angeles Doctors Hospital CA2/5

California Court of Appeal · Aug 20, 2014

If Bode had the burden of proof, she had not produced information showing her to be qualified to have medical staff privileges at the Hospital. Bode and the MEC each appealed the JRC’s findings. … The Hospital replied that the denial of the Hospital’s summary adjudication motion did not establish immunity did not apply.

People v. Henderson

225 Cal. App. 3d 1129 · California Court of Appeal · Nov 30, 1990

After the questionnaires are reviewed and the names of those disqualified, excused or deferred, are removed, the list becomes the qualified pool known as the qualified jury list. … Additionally, the prosecution evidence clearly showed the appellants’ flight across country, during which some of the stolen property was sold.

People v. Dean

171 Cal. App. 4th 1252 · California Court of Appeal · Mar 10, 2009

Here, plaintiff properly established by documentary evidence and otherwise that defendant had sustained two qualifying convictions. … For the purpose of clearly identifying the parties, Jeffrey Dean will be referred to as defendant, and the People will be referred to as plaintiff. [2] The initial petition for commitment was filed in December 2001.

People v. Adames

54 Cal. App. 4th 198 · California Court of Appeal · Apr 14, 1997

In order to establish the court’s exercise of discretion violated his or her right of confrontation under the Sixth Amendment of the federal Constitution, the defendant must establish that “he [or she] was prohibited from … The Legislature’s intent clearly is to require AIDS testing of anyone who has committed “[l]ewd or lascivious acts with a child in violation of Section 288[.]”

Edwards v. Brockway

16 Cal. App. 626 · California Court of Appeal · Jul 21, 1911

It appears that at the time of the injury to plaintiff, defendant Brockway was the duly appointed, qualified and acting superintendent of streets of the city of San Diego; that he made and delivered a bond signed by himself … At the times in question the government of the city of San Diego was conducted under a freeholders’ charter which provided for the establishment of a board of public works consisting of three commissioners.

Smith v. Workmen's Compensation Appeals Board

45 Cal. App. 3d 162 · California Court of Appeal · Feb 7, 1975

The board adopted this position in its decision after reconsideration, stating in pertinent part: “In this case it has not been persuasively established that . . . … Affirming an award of death benefits to his widow under the workmen’s compensation law, the reviewing court stated: “We deem the statutory presumption [arising under section 3212] clearly applicable.

In re I.S. CA4/3

California Court of Appeal · Apr 1, 2021

Testimonial Immunity for I.S.’s Father I.S. next claims the juvenile court erred in denying his request to order the prosecutor to grant use immunity to I.S.’s father for his “clearly exculpatory and essential … clearly exculpatory].)

County of Alameda v. Sweeney

151 Cal. App. 2d 505 · California Court of Appeal · Jun 5, 1957

It was held that such an election was neither “a general or special election” because the charter “by unmistakable terminology” (p. 277) clearly distinguished the primary election from the other two. … By the Political Code one definite time has been fixed as answering to these terms, and we think we are unwarranted in holding that the legislature has established a new rule as to what constitutes a general election when

Bronco Wine Co. v. Espinoza

128 Cal. Rptr. 2d 320 · California Court of Appeal · Apr 16, 2003

(hereafter FAAA) which established national rules for the distribution, production, and importation of alcoholic beverages in interstate commerce. ( Rubin v. … In sum, while 27 Code of Federal Regulations part 4.25a (b)(1)(iii)(2002) clearly contemplates state regulation of the appellation of origin for American and imported wine, i.e.

People v. Gaxiola CA5

California Court of Appeal · Jun 12, 2025

“Senate Bill 1437 also [added former section 1170.95, now section 1172.6, which] established a procedure permitting certain qualifying persons who were previously convicted of felony murder or murder under the natural and … Use Immunity Defendant contends the admission of his statements to the parole board violated his state and federal due process rights under the use immunity doctrine. We disagree.

Smith v. Mt. Diablo Unified School District

56 Cal. App. 3d 412 · California Court of Appeal · Mar 23, 1976

may indirectly but effectively ‘validate’ its action by.doing nothing to validate it; unless an ‘interested person’ brings an action of his own under section 863 within the 60-day period, the agency’s action will become immune … Appellants have thus far not even established their proper representation of a class, nor does the opinion herein express any view or indication of the outcome of the action on the merits.

Murphy v. Board of Medical Examiners

75 Cal. App. 2d 161 · California Court of Appeal · Jun 27, 1946

The evidence shows clearly that all essential elements of a criminal abortion were established, and abundantly sustains the findings that appellant was guilty of violation of section 2377 of the Business and Professions Code … “Some of the cases relied upon by appellant are clearly distinguishable. Thus, Cavassa v.

Williams v. Pacific Gas & Electric Co.

181 Cal. App. 2d 691 · California Court of Appeal · Jun 10, 1960

Gerber can be used to establish the obligation of appellant and accordingly the benefit to it. … This purpose was not clearly stated to the trial court. It was irrelevant what the state *711 may have understood if in fact the wire was a vertical run.

Rees v. Layton

6 Cal. App. 3d 815 · California Court of Appeal · Apr 21, 1970

Article I, section 21 of the California Constitution prohibits the granting of special privileges or immunities to particular citizens or classes of citizens which are not granted to all. In Williams v. … All doubts are to be resolved in favor of validity. (8) Before an act or ordinance will be declared unconstitutional, its unconstitutionality must appear clearly and unmistakably. (Lockheed Aircraft Corp. v.

Vega v. Jones, Day, Reavis & Pogue

17 Cal. Rptr. 3d 26 · California Court of Appeal · Aug 2, 2004

Providing a disclosure schedule which deliberately omitted material facts seems clearly to fit this category. 2. Justifiable reliance. … Hopland Band of Pomo Indians (2002) 95 Cal.App.4th 1, 3, fn. 1 [ 115 Cal.Rptr.2d 455 ] [premature appeal from order sustaining demurrer and granting motion to dismiss; “[although we fail to understand why the clearly established

Imen v. Glassford

201 Cal. App. 3d 898 · California Court of Appeal · May 31, 1988

Buyer in qualifying for assumption of the first trust deed. … For some reason the declaration of Harry Warner Glassford uses the singular possessive where clearly the plural nonpossessive is intended.

City of Hesperia v. Lake Arrowead Comm. Serv. Dist.

California Court of Appeal · Jul 19, 2019

Introduction The District is a community services district, established in 1978 pursuant to section 61000 et seq. … Before deciding that the qualified exemption of section 53096(a) applies to a proposed project, the local agency must establish, inter alia, that "there is no feasible 36 alternative

Rokeby-Johnson v. AQUATRONICS INTERNATIONAL, INC

159 Cal. App. 3d 1076 · California Court of Appeal · Sep 10, 1984

The trial judge then bifurcated the issues and stated he would first rule on whether the wording of the agreement established that Aquatronics qualified as an implied in law coinsured of NSI. … “Now, I think because of that the Liberty Mutual case clearly applies here.

Roman v. Bre Properties, Inc.

237 Cal. App. 4th 1040 · California Court of Appeal · Jun 17, 2015

Roman suffered from a qualifying disability is dispositive of all those claims. Similarly, because Ms. … for independently established state law remedies”].)