Case law

People v. Morton

70 Cal. Rptr. 3d 827 · California Court of Appeal · Jan 22, 2008

There is simply no basis to assert that the defendant’s criminal history must be established by evidence separate and apart from the probation report. … The effect of that rule is to establish more clearly that either one of the two “prior conviction” factors properly decided by the court was, standing alone, a sufficient basis upon which to uphold the sentence.

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

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

Nault v. Smith

194 Cal. App. 2d 257 · California Court of Appeal · Jul 26, 1961

We do not believe that the guest statute immunizes respondent Mrs. … The court was not required to let the case proceed to trial only to reach its ultimate nemesis, after all the proof had been introduced, in appellant’s failure to establish liability.

People v. Butterfield

177 Cal. App. 2d 553 · California Court of Appeal · Jan 29, 1960

his part which, if established, reasonably appeared to be inconsistent with such defense. … It may be directed to the eliciting of any matter which may tend to overcome or qualify the effect of the testimony given by him on his direct examination. (People v.

People v. Cornejo

3 Cal. App. 5th 36 · California Court of Appeal · Sep 6, 2016

Additional Background Detective Jason Kirtlan interviewed Neal in the presence of Neal‘s attorney, who had secured an immunity agreement for Neal prior to the interview. … ‘s office, who agreed, and in this case gave him a letter of immunity.‖ During the prosecution‘s redirect examination, the prosecutor asked Detective Kirtlan: ―Is there anything other than what you‘ve already stated

DeMonbrun v. Sheet Metal Workers International Ass'n

140 Cal. App. 2d 546 · California Court of Appeal · Apr 6, 1956

Clearly, all of these matters involve the decision or order of the general president. … Whenever a local union or council or the officers or members thereof fail to establish and maintain, within their jurisdiction, wages and working conditions equivalent to those established and maintained within the jurisdiction

Wentland v. Wass

25 Cal. Rptr. 3d 109 · California Court of Appeal · Feb 22, 2005

Wass and Reiss contend the communications Wentland challenges, Weir’s declaration and the memorandum in opposition filed by Stemfels, fall clearly within the formulation of the litigation privilege and so are privileged. … “It has been well established in this state that if the cause of action arises from a breach of a promise set forth in the contract, the action is ex contractu but if it arises from a breach of duty growing out of the contract

People v. Mullendore

230 Cal. App. 4th 848 · California Court of Appeal · Oct 21, 2014

Unable to see clearly through the shattered windshield, Savage drove into a nearby parking lot and called 911. … This interpretation of the statutory language is supported by a long-established description of the section 23110 felony and misdemeanor offenses set forth in People v. Whitney (1978) 76 Cal.App.3d 863.

People v. Harvey

151 Cal. App. 3d 660 · California Court of Appeal · Feb 2, 1984

Heifer believed she was a highly qualified psychiatrist. Dr. White’s first contact with defendant occurred on January 11, 1980, two days after the killing. Dr. … In any event the record clearly states that the attorney did not discuss the defense with his client at all.

Okoro v. City of Oakland

48 Cal. Rptr. 3d 260 · California Court of Appeal · Aug 28, 2006

As to the cause of action for defamation, the demurrer was sustained without leave to amend on the basis of the absolute immunity provided by Civil Code section 47. … Respondents note that appellant was given the opportunity to amend his federal complaint to include named defendants but failed to do so. 9 “It is a well established rule that when a complaint sets forth a cause of action

McDonald v. McPherson

169 Cal. App. 2d 359 · California Court of Appeal · Apr 3, 1959

Clearly, the question was material and ought to have been answered. … Lagersen had not only the right to come to California and establish a residence, but that he had done whatever was necessary to do so.

People v. Johnson

104 Cal. App. 3d 598 · California Court of Appeal · Mar 28, 1980

Moseman fairly qualifies as significant and substantial physical injury within the definition of Caudillo . … This testimony clearly implicates appellant who was wearing a light sweater shirt at the time of the commission of the crimes.

People v. Smith

206 Cal. App. 3d 340 · California Court of Appeal · Nov 30, 1988

.) *344 McVickers relied on In re Taylor (1944) 64 Cal.App.2d 47 [ 148 P.2d 143 ], where the defendant was convicted in North Carolina of two larceny counts, only one of which qualified as a felony in California. … We think Batista erred by speaking of going behind the record of conviction; Alfaro limited the record of conviction to the record of judgment, but Guerrero clearly does not.

Bakersfield Elementary Teachers Ass'n v. Bakersfield City School District

52 Cal. Rptr. 3d 486 · California Court of Appeal · Dec 19, 2006

Thus, the District asserts: “Under the trial court’s construction [of the Code], a school district would be required to lay off fully qualified teachers and retain teachers [with more seniority] who are not fiilly qualified … If a school district hires a certificated person as a temporary employee, the written statement shall clearly indicate the temporary nature of the employment and the length of time for which the person is being employed.

People v. Williams

30 Cal. App. 3d 502 · California Court of Appeal · Feb 13, 1973

In each of them, oppression or negligence or both clearly appearing, the prosecution had failed to meet the burden of excusing the delay. People v. … We must conclude that the People met their burden of establishing neither unreasonableness, nor oppression, nor negligence in Williams’ delayed arrest.

Malerbi v. Maffei

106 Cal. App. 171 · California Court of Appeal · Jun 3, 1930

The admission of the medical record was not presented to prove insanity, but to establish the cause of the mental condition. We find ample other evidence to establish the cause irrespective of any evidence of epilepsy. … It was clearly stated by counsel for respondents: “The purpose is only this—this man is charged with undue influence.”

People v. Lopez

California Court of Appeal · Aug 4, 2022

as clearly shown.” … Currently charged offenses no longer qualify (id., subd.

Johnson v. Stoneridge Creek Pleasanton CCRC

California Court of Appeal · Aug 19, 2025

Bank of America (1988) 204 Cal.App.3d 819, 869.) 9 qualified as “projected costs,” as the Department found. … To the extent Stoneridge Creek contends that section 1788(a)(22)(B) immunizes it from liability for retaliation, we reject the argument.

Janetsky v. Avis

176 Cal. App. 3d 799 · California Court of Appeal · Jan 16, 1986

Defendants sought to establish, for example, (1) that they were not attorneys of record for plaintiff in the action which gave rise to the alleged legal malpractice; (2) that plaintiff was not damaged by the acts of defendants … Clearly the trial court considered the showing made by *812 plaintiff and, in fact, permitted plaintiff to testify at the hearing.