Case law

People v. Mendoza

10 Cal. App. 5th 327 · California Court of Appeal · Mar 30, 2017

Defendants attack the trial court’s justification for excluding the statements, which was based on Justice Kennard’s concurrence in Gordon, where she stated “it is well established that a statement made under a grant of immunity … The prosecution presented sufficient evidence for a reasonable trier of fact to find that defendants’ gang qualified as a criminal street gang beyond a reasonable doubt.

Skulte v. Ahern

22 Cal. App. 2d 460 · California Court of Appeal · Aug 30, 1937

His motion for a new trial having been denied, appellant appeals from the judgment, and in support thereof claims that the evidence does not establish his negligence but does establish respondent’s contributory negligence … The instruction clearly distinguishes between these two different burdens for one alone is qualified by the addition of the phrase “of proof”. The two clauses are not contradictory.

Rose v. Knapp

153 Cal. App. 2d 379 · California Court of Appeal · Aug 21, 1957

The court stated the purposes of acknowledgment, which are to enable the instrument to be placed of record and to qualify it for introduction in evidence without further proof of execution and delivery. … A notice of lis pendens only gives notice of what may be established by the judgment, and is effective with respect to what is established.

Pomona Police Officers' Ass'n v. City of Pomona

58 Cal. App. 4th 578 · California Court of Appeal · Oct 16, 1997

“Statutory definitions delineating the scope of PERS compensation cannot be qualified by bargaining agreements.” (Oden v. Board of Administration, supra, 23 Cal.App.4th at p. 201 .) … The legislation enacting section 20692 clearly contemplated the presence of retirement conversion options in existing collective bargaining agreements.

People v. JEFELO

63 Cal. App. 4th 1314 · California Court of Appeal · May 15, 1998

In the unpublished portion of this opinion we reverse and remand for a determination of whether appellant’s two 1983 convictions of firearm assault qualify as prior convictions within the meaning of the three strikes law … for hearing if there is a showing on the record of facts that establish a compelling interest against disclosure.

People v. Beasley

250 Cal. App. 2d 71 · California Court of Appeal · Apr 13, 1967

However, when there is no competent evidence before the magistrate establishing reasonable or probable cause, an information will properly be dismissed under Penal Code section 995. (See Badillo v. … It strikes a balance between a person’s interest in immunity from police interference and the community’s interest in law enforcement.

People v. Blankenship

167 Cal. App. 3d 840 · California Court of Appeal · May 2, 1985

On redirect the witness qualified her identification. 1 Presentation of the prosecution’s case-in-chief was interrupted for a hearing out of the jury’s presence at which Gary Hahn was examined under oath. … Defendant’s prior murder conviction clearly meets this definition. Penal Code section 667.5 applies to sentence enhancements based on prior prison terms.

Ursino v. Superior Court

39 Cal. App. 3d 611 · California Court of Appeal · May 30, 1974

. *615 Petitioners, who operate restaurant establishments in the vicinity of the proposed construction and who oppose its construction, filed a timely notice of appeal from the Department’s issuance of the permit. … We are of the opinion, therefore, that it is clearly the legislative intent that for purposes of hearing the merits of an appeal four members of the Board must be present at the hearing.

Wareham v. Wareham

195 Cal. App. 2d 64 · California Court of Appeal · Aug 21, 1961

Blood tests of the parties and Shelley Marie were taken by a qualified expert 2 pursuant to the provisions of section 1980.3, Code of Civil Procedure. … While the holding in that ease clearly sustains plaintiff’s position that the disputable presumption of legitimacy (Civ.

In Re Vaccine Cases

36 Cal. Rptr. 3d 80 · California Court of Appeal · Nov 28, 2005

Bothwell and Katrina Bothwell, purchased immunization vaccines containing thimerosal, a mercury-based preservative. … “A chemical is known to the state to cause cancer or reproductive toxicity within the meaning of this chapter if in the opinion of the state’s qualified experts it has been clearly *449 shown through scientifically valid

Willis v. City of Garden Grove

93 Cal. App. 3d 208 · California Court of Appeal · May 18, 1979

That MOU clearly limited the entitlement of employees to accumulated sick leave pay off to the two options hereinabove set forth. … But entitlement to sick leave is a matter of local rule set by the local public agency, whose governing body establishes and defines the amount, accrual, and duration of sick leave.

Frediani v. Ota

215 Cal. App. 2d 127 · California Court of Appeal · Apr 16, 1963

However, appellant continues, assuming that it was proper to submit such issue to the jury, “ [i]t was prejudicial error not to qualify the contributory negligence instruction to relate to the circumstances and plaintiff’ … The point then is, that the cases which have concerned various of the aforementioned statutes have clearly decided against appellant on both of her major arguments.

Marzec v. Public Employees' Retirement System

236 Cal. App. 4th 889 · California Court of Appeal · May 8, 2015

Plaintiffs’ failure to identify clearly the statutory basis for their claim appears to be an intentional choice, not an oversight. … “establishes certain conditions precedent to the filing of a lawsuit against a public entity.” (State of California v. Superior Court (2004) 32 Cal.4th 1234, 1237.)

Golden & Co. v. Justice's Court

23 Cal. App. 778 · California Court of Appeal · Feb 12, 1914

This construction of said section is arrived at by a grammatical analysis of the phraseology thereof, whereby, considering the construction concretely, it *792 is sought to be established that ihe legislature intended the … It would, in brief, countenance a gross evasion of the evident spirit and intent of the statute, for liquor dealers engaged in business outside the borders of no-license territory could, with impunity, and immunity from punishment

G. E. Hetrick & Associates, Inc. v. Summit Construction & Maintenance Co.

11 Cal. App. 4th 318 · California Court of Appeal · Nov 30, 1992

“Responsible Managing Officer” The evidence establishes that a triable issue of fact exists as to whether Gary Hetrick was the responsible managing officer of Hetrick, Inc. to a degree sufficient to establish substantial … In any event, clearly triable issues of fact exist as to this issue. 3 The construction management services agreement is dated December 19, 1988, but is not executed.

Center for Environmental Health v. Perrigo Co.

California Court of Appeal · Mar 9, 2023

Second, the materials at issue in Kordel contained directions for use, which the EPA had clearly stated must be on the label. [Citation.] … Clearly, it is not. 37 335 U.S. at p. 350.)

People v. Beasley

250 Cal. App. 2d 71 · California Court of Appeal · Apr 13, 1967

However, when there is no competent evidence before the magistrate establishing reasonable or probable cause, an information will properly be dismissed under Penal Code section 995. (See Badillo v. … It strikes a balance between a person's interest in immunity from police interference and the community's interest in law enforcement.

Williams v. San Francisco Board of Permit Appeals

88 Cal. Rptr. 2d 565 · California Court of Appeal · Sep 8, 1999

Code, § 1717), appellant could not qualify for an attorneys’ fee award because he always proceeded in propria persona. … However, that clause only clarifies that the litigation does not have to be strictly private enforcement to qualify for an award.

Vebr v. Culp

241 Cal. App. 4th 1044 · California Court of Appeal · Oct 28, 2015

The Culps were insured under a homeowners insurance policy which provided workers’ compensation coverage for residence employees; Vebr did not qualify as a residence employee under that coverage. … “‘The moving party bears the burden of showing the court that the plaintiff “has not established, and cannot reasonably expect to establish, a prima facie case . . . .” [Citation.]’ [Citation.]

People v. Cummings

California Court of Appeal · Mar 24, 2021

Penal Code section 664 and 1159 “clearly apply to attempted crimes that are not specifically made punishable by provisions of the Penal Code.” (Garcia, at p. 2.) … Section 23550.5 does not add additional time to a sentencing range; it establishes a sentencing range for defendants with qualifying prior DUI convictions.