Case law

People v. Smit

224 Cal. App. 4th 977 · California Court of Appeal · Mar 17, 2014

so qualifies. … Defendant clearly used the zip gun to carry out his purpose of attempting to kill Johnson.

Harker v. Rickershauser

94 Cal. App. 755 · California Court of Appeal · Nov 14, 1928

Even assuming that such recitals could be established by inference, they would not be conclusive in an action between the parties to the trust deed. … The rule which should guide the court in this connection is clearly set forth in 2 C.

P. v. Cardona CA4/1

California Court of Appeal · Mar 12, 2013

We may reverse a court's ruling on an expert's qualifications only if the evidence shows the witness clearly lacks qualification as an expert. (People v. Robinson (2005) 37 Cal.4th 592, 632.) … If they're a qualified caretaker, which occurs in California law, in some cases they can be qualified to assist someone else in that endeavor.

Gough v. Security Trust & Savings Bank

162 Cal. App. 2d 90 · California Court of Appeal · Jul 11, 1958

In the case of Estate of Lances, 216 Cal. 397, 400 [ 14 P.2d 768 ], these are defined as follows: “It has become the established law of this state that the power of the court to direct a verdict is absolutely the same as … Clearly, the motions for nonsuit were properly granted as to both causes of action.

Beard v. Atchison, Topeka & Santa Fe Railway Co.

4 Cal. App. 3d 129 · California Court of Appeal · Feb 5, 1970

To establish the railroad’s negligence plaintiff relied on two factors. … Judged by this standard each of the two factors relied on by plaintiff could qualify as proof of actionable negligence *138 under section 1714. (Taylor v.

People v. Vacarella

61 Cal. App. 119 · California Court of Appeal · Feb 26, 1923

These statements were afterward qualified by the witness upon further questioning by counsel for defense. “A. Well thejr phoned down to bring my car but it was broke. Q. What car did you bring them? A. … It would clearly be so admissible for the reason that Sam Kee’s connection with the conspiracy is established by other proof and hence the acts and declarations of Vacarella and Munoz in connection with these telephone calls

Pope v. State Board of Equalization

202 Cal. App. 3d 73 · California Court of Appeal · Jun 14, 1988

These sources clearly interpret section 6396 as denying sales tax exemption when delivery of the property is made to the purchaser in California. … Regulation 1620, subdivision (a)(1), states “The retailer has the burden of proving facts establishing his right to exemption.”

People v. Pearson

California Court of Appeal · Jul 31, 2019

Pearson timely appealed. 3  DISCUSSION Under “section 12022.53, subdivision (d), a defendant convicted of a qualifying felony who intentionally and … First, ‘ “[t]he burden is on the party attacking the sentence to clearly show that the sentencing decision was irrational or arbitrary. [Citation.]

Sutter Health v. UNITE HERE

186 Cal. App. 4th 1193 · California Court of Appeal · Jul 21, 2010

Rosenberg explained there could be a problem for people with suppressed immune systems. Thielen believed that this would apply to babies because they have undeveloped immune systems. … “As the statutory definition clearly states, the existence of a labor dispute does not depend upon the existence of an employer-employee relationship.

People v. Lipptrapp

California Court of Appeal · Feb 2, 2021

establish entitlement to the sought after relief. … However, this error does not matter because he would have qualified under 3051 whether he was 24 or 25 years old. 6 Senate Bill No. 620 (2017-2018 Reg.

Braun v. Bureau of State Audits

79 Cal. Rptr. 2d 791 · California Court of Appeal · Nov 23, 1998

A qualified privilege is inadequate protection under the circumstances. [1D . . . [1D The importance of providing to citizens free and open access to governmental agencies for the reporting of suspected illegal activity outweighs … The State Auditor’s interpretation of Government Code section 8547.7 does not appear “clearly erroneous”; it is, to the contrary, supported by the language of the statute.

City & County of S.F. v. Public Employment Relations Bd.

California Court of Appeal · Jun 22, 2026

We therefore “ ‘follow PERB’s interpretation [of the MMBA] unless it is clearly erroneous.’ ” (Id. at p. 912.) … This carefully qualified response arguably implies that some of the carve-outs do apply to exempt employees.

Bay General Community Hospital v. County of San Diego

156 Cal. App. 3d 944 · California Court of Appeal · May 14, 1984

However, the establishment of such duty does not itself constitute the specific authority necessary to maintain a quasi-contract cause of action against a county. … The County has not clearly and palpably *960 violated the bounds of sound discretion in adopting the Medi-Cal standard for purposes of County-paid medical care under Section 17000. 9 The County has not acted fraudulently,

Giraldo v. Department of Corrections & Rehabilitation

168 Cal. App. 4th 231 · California Court of Appeal · Nov 14, 2008

This, in turn, established a duty of care to protect [plaintiff] under Williams v. … “The most important of [the] considerations in establishing duty is forseeability.

People v. Brown

216 Cal. App. 3d 1442 · California Court of Appeal · Jan 2, 1990

Patrick, the last sentence, quote, defendant could not immunize himself from damaging evidence by discarding that evidence on his subjective assumption that an illegal search would follow his detention, period, end quotes … Our standard of review when faced with a challenge to the denial of a motion to suppress pursuant to Penal Code section 1538.5 has been clearly set forth by our high court: “ ‘An appellate court’s review of a motion to suppress

County of Kern v. Pacific Gas & Electric Co.

108 Cal. App. 3d 418 · California Court of Appeal · Jul 21, 1980

After extensive argument and trial testimony, the trial court found that: “The granting of said franchises for an indeterminate period, is of value to the public generally in that such franchises permit Pacific to qualify … County next contends that certain provisions of the Broughton Act undercut the establishment of perpetual grants by subordinate political bodies.

People v. Williams

California Court of Appeal · Apr 10, 2020

Moreover, it " 'is an established tenet of statutory construction that separate items in a statute should be given meaning with reference to the whole, and that each word and phrase in the statute should be interpreted … an individual as such an offender; that public policy actually favors the majority's construction of section 3000.08, as our 23 Legislature clearly limited PRCS to low-risk

Kilmartin v. Naso

104 Cal. App. 2d 526 · California Court of Appeal · Jun 1, 1951

When the decree distributing the estate in accordance with the provisions of the 1933 will became final, that election by Rosaría became res adjudieata and immune from attack. … Code, §1170), establishing the fact of her husband’s death, for the purpose of establishing of record the fact that the homestead became her sole property upon his death.

George M. v. Superior Court

201 Cal. App. 3d 755 · California Court of Appeal · May 26, 1988

These petitions have been consolidated with an action filed by George M. to determine and establish parental relationship and custody of Allyson. … Section 7004 sets forth the conditions which must be met to qualify as a “presumed father.” George M. does not claim that he can fulfill any of those conditions.

Ingalls v. Monte Cristo Oil & Development Co.

23 Cal. App. 652 · California Court of Appeal · Jan 6, 1914

The four instructions first above mentioned would have been much improved as to clearness of statement if in each instance of reference to a defective condition of the roof, there had been a phrase with conditional words qualifying … Los Angeles Traction Co., 150 Cal. 689 , [ 89 Pac. 966 ], wherein at page 699, the rule is clearly re-stated.