Case law

Waters v. Civil Service Board

133 Cal. App. 2d 733 · California Court of Appeal · Jun 21, 1955

So here, appellants say, a complete scheme of civil service has been established by the Oakland charter. … However, it is to be noted that the San Francisco charter clearly makes the standards contained therein, minimum standards only, and gives to the commission power to exercise its discretion as “sole judge of the adequacy

Lavine v. Jessup

161 Cal. App. 2d 59 · California Court of Appeal · Jun 4, 1958

Prom this stems the long-established doctrine of immunity for actions involving an exercise of judgment and discretion. … Although factually different from the instant controversy, the fundamental principle is clearly applicable.

Murphy v. Walsh

158 Cal. App. 2d 675 · California Court of Appeal · Mar 26, 1958

The Charter of the City and County of San Francisco, in section 140 thereof, establishes a civil service commission, charged with the duty of providing qualified persons for employment in the many departments of the city. … Job appointments must be made solely upon merit and fitness as established by appropriate tests.

People v. Raygosa CA2/4

California Court of Appeal · Dec 16, 2014

Defendant was not immune from prosecution. … He contends that he presented evidence that “clearly qualified” him for immunity from prosecution as provided in the Compassionate Use Act of 1996 (“CUA”) and the Medical Marijuana Program Act (“MMPA”) and therefore the charges

Levin v. Ligon

45 Cal. Rptr. 3d 560 · California Court of Appeal · Jun 30, 2006

Levin never clearly objected on the basis of the documents’ authenticity and has therefore waived raising this claim on appeal. (Evid. … He clearly is seeking an unfair advantage in that he admitted, under English law, he had no interest in this property.

RIVERSIDE SHERIFF'S v. County of Riverside

61 Cal. Rptr. 3d 295 · California Court of Appeal · Jun 21, 2007

Clearly, the Legislature intended to expressly authorize a civil penalty and actual damages, as well as attorney's fees for malicious violations of the statute." ( Lozada v. … Addressing the first condition, the County maintains RSA cannot qualify for fees under section 1021.5 because RSA did not secure "an important right affecting the public interest."

Shehtanian v. Kenny

156 Cal. App. 2d 576 · California Court of Appeal · Jan 8, 1958

In any event, the rule is well established that failure to act within the standards fixed by the Vehicle Code is negligence per se (Satterlee v. Orange Glenn School Dist., 29 Cal.2d 581 [ 177 P.2d 279 ]). … Even if there were such evidence, appellants’ complaint is foreclosed by their failure to request instructions qualifying the rule correctly stated in the instructions given (Miller v.

City of Bell v. Super. Ct.

California Court of Appeal · Oct 9, 2013

Clearly, it is not.‖ and replace with the following: duty to defend is dependent upon the scope of the duty to indemnify. … The language of the indemnity clause clearly applies to third-party civil actions, not criminal complaints and indictments.

Randy's Trucking v. State of California Dept. of Transportation CA5

California Court of Appeal · Feb 28, 2014

Caltrans argued that, even if the approved plans did not suffice to establish the design-immunity defense, the fact that the stop sign and line were placed in accordance with preexisting standards did establish it. … Randy’s Trucking attacked Caltrans’s contention that it had established the reasonableness element of design immunity.

Brown v. City of Inglewood CA2/1

California Court of Appeal · May 31, 2023

under Government Code section 820.2 and government act immunity under Government Code section 821. … flies in the face of basic maxims of statutory interpretation, because it asks us to interlineate section 1106 with words that the Legislature chose not to include—words which, based on section 3351, the Legislature is clearly

Pinsky v. Sloat

130 Cal. App. 2d 579 · California Court of Appeal · Feb 3, 1955

The highway is a monument, and in legal contemplation the thread of the highway is the monument, unless a contrary intention clearly appears. That this is the rule is established by a multitude of authorities. … The estate granted by a deed cannot be limited or qualified by oral testimony. (Security-First Nat. Bank v. Leatart, 75 Cal.App.2d 211, 215 [ 170 P.2d 687 ]; Lewis v. Brown, 22 Cal.App. 38, 42-43 [ 133 P. 331 ].)

Olden v. Hatchell

154 Cal. App. 3d 1032 · California Court of Appeal · Apr 25, 1984

commenced by affidavit, and such defendant may be designated in any pleading or proceeding by any name, and when his true name is discovered, the pleading or proceeding must be amended accordingly...." (3) It is a well established … Rptr. 421 , 484 P.2d 93 ] ["Unless the Legislature has clearly provided for [governmental] immunity, the important societal goal of compensating injured parties for damages caused by willful or negligent acts must prevail

Almeda County Social Services Agency v. Shannon M.

221 Cal. App. 4th 282 · California Court of Appeal · Nov 6, 2013

The social worker shall have the burden of establishing that detriment.” (§ 366.21, subds. … To qualify for such reinstatement, the nonminor must demonstrate he or she intends to satisfy the requirements of section 11403(b)(1)–(5). (§ 388, subd. (e)(2)(ii), (5)(A)(iv).)

Barnett v. United Oil Co.

5 Cal. App. 2d 175 · California Court of Appeal · Mar 7, 1935

Appellant’s supporting affidavit alleges that the facts which it expects to prove will be established by the testimony of nine witnesses who are named and described in the affidavit. … our conclusion that the trial court may not be convicted of an abuse of discretion in having refused to consider the alleged inconvenience of the five witnesses who are described as employees of a person who is thus so clearly

People v. Pierre R.

California Court of Appeal · Nov 18, 2019

his due process rights in establishing that the commitment offense involved force or violence. (§ 2962, subd. … fact . . . is allowed to fill in that gap of their own personal knowledge or guesswork or anything else when there is absolutely no evidence in the record to support it.” 4 appellant clearly

People v. Poulsom

213 Cal. App. 4th 501 · California Court of Appeal · Jan 31, 2013

White looked at an aerial map and saw that Poulsom was clearly inside the Wild Animal Park. White told Poulsom to report immediately to the Escondido parole office and gave him directions. … It clearly is. A mental health professional cannot be expected to render opinions as to current status without fully evaluating background information.

Rittenband v. Cory

159 Cal. App. 3d 410 · California Court of Appeal · Aug 22, 1984

The first step in our analysis is to establish the standard of review to which the protested classification must be subjected. … Rhodes, supra, 393 U.S. 23 [holding unconstitutional Ohio election laws imposing requirements to qualify for positions on ballots giving a decided advantage to established political parties].)

People v. Kadison

243 Cal. App. 2d 162 · California Court of Appeal · Jun 23, 1966

The facts as they go in up to now, your Honor, certainly establish that he was enraged and had reason. … He cannot reasonably claim that the Fifth Amendment gives him not only this choice, but, if he elects to testify, an immunity from cross-examination on the matters he has himself put in dispute.

Estate of Buchman

123 Cal. App. 2d 546 · California Court of Appeal · Feb 26, 1954

It said ( 83 Cal. 586 ): "The judgment is clearly *558 erroneous. … evidence which tends to establish or refute the charges relied on is admissible.

Forthmann v. Myer

118 Cal. App. 332 · California Court of Appeal · Nov 16, 1931

We have been referred to no authority which would require the production of vouchers for the items above mentioned and there appears to be no provision of law establishing such a requirement. … The ward died and the guardian who was named as executrix under the will qualified and proceeded to settle the estate.