Case law

Jones v. County of San Diego CA4/1

California Court of Appeal · Jun 24, 2014

Superior Court (2007) 42 Cal.4th 730, 746), Jones does not clearly state in his briefing what facts and legal theories he would allege if given leave to file a second amended complaint. … We therefore conclude Jones's failure to provide an adequate record for us to assess error and his failure to state a cogent legal argument supported by authority establishing reversible error require us to affirm the

East Bay Municipal Utility District v. City of Lodi

120 Cal. App. 740 · California Court of Appeal · Feb 15, 1932

This language implies that the property to be rendered immune must not only be appropriated, but also used for a public purpose. … That the trial court erred in the fixing of damages and that the true measure of ascertaining the same was not adopted, appears to us clearly established from the foregoing.

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. Bui

103 Cal. Rptr. 2d 908 · California Court of Appeal · Feb 7, 2001

In Pittel’s view, the statistics used by Logan, concerning traffic fatalities in which drivers had used methamphetamine, did not establish a causal link between the use of methamphetamine and the traffic accident. … In determining whether to admit expert testimony, the trial court has broad discretion, and we may not interfere with that discretion unless it is clearly abused. (People v.

State Farm Mutual Automobile Ins. Co. v. Robinson

California Court of Appeal · Mar 14, 2022

at p. 12), and their decisions cannot be judicially reviewed for errors of fact or law even if the error is apparent and causes substantial injustice (id. at p. 11). “ ‘As a consequence, arbitration awards are generally immune … Arbitrators do not exceed their powers when they decide “an issue [they were] clearly authorized to decide.” (Kahn v. Chetcuti (2002) 101 Cal.App.4th 61, 66.)

Myers v. King

272 Cal. App. 2d 571 · California Court of Appeal · May 2, 1969

the long established and familiar rule reserving to pedestrians the limited right of walking near the left-hand edge of a roadway. … Hamasaki is clearly distinguishable. In that case the issue of liability was extremely close.

Bell v. City of Mountain View

66 Cal. App. 3d 332 · California Court of Appeal · Jan 11, 1977

concern; (2) the subject matter has been partially covered by general law couched in such terms as to indicate clearly that a paramount state concern will not tolerate further or additional local action; or (3) the subject … Abuse of discretion is established if the respondent has not proceeded as required by law, if the order or decision is not supported by the findings, or if the findings are not supported by the evidence. (Code Civ.

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

City of Bell v. Super. Ct.

California Court of Appeal · Oct 25, 2013

the California Supreme Court articulated the appropriate standard of review for the interpretation of noninsurance indemnity agreements: ―subject to public policy and 13 established … The language of the indemnity clause clearly applies to third-party civil actions, not criminal complaints and indictments.

In Re Kyle

77 Cal. App. 2d 634 · California Court of Appeal · Jan 14, 1947

If Norma Jean was domiciled in Nevada at the time the decree was entered that clearly would be sufficient to give the Nevada court jurisdiction to award her custody to petitioner. … The rule is a qualified one only.

Marble Mortgage Co. v. Franchise Tax Board

241 Cal. App. 2d 26 · California Court of Appeal · Mar 22, 1966

The ease also established that the applicable standards are those established by the U.S. … As to these loans, Marble is clearly in competition with national banks.

Gill v. De Sanz

52 Cal. App. 3d 457 · California Court of Appeal · Oct 24, 1975

These consolidated appeals involve the attachment of California assets of three Mexican corporations, not qualified to do business in California, who are among the defendants below. … With respect to bank accounts, there is established a $ 1,000 exemption from the levy of a writ of attachment, in order clearly to avoid any situation where an individual defendant might be prevented from paying for his own

People v. Lipptrapp

California Court of Appeal · Jan 11, 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.

Del Paso Recreation & Park District v. Board of Supervisors

33 Cal. App. 3d 483 · California Court of Appeal · Jul 18, 1973

Clearly, therefore, written protests filed by a larger percentage than the statutory minimum of the voters qualified by residence could force such an election upon the Board before approval of a reorganization. *493 Were … Here, plaintiffs have failed to plead facts sufficient to establish the first three requisite elements of an estoppel.

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.

In Re Walter E.

13 Cal. App. 4th 125 · California Court of Appeal · May 21, 1992

Korpi was biased or that he was anything other than a disinterested and highly qualified expert seeking to evaluate the best interests of the minor. … However, the requirement that a party establish facts by "clear and convincing evidence" applies only in the trial court.

Lucas v. City of Long Beach

60 Cal. App. 3d 341 · California Court of Appeal · Jul 21, 1976

The autopsy conclusively established that in fact Stephen suffered from no other pathology. … Stephen was not in fact in need of immediate medical care and clearly lack of medical care did not “cause” the death.

RICHARD N. v. Superior Court

116 Cal. App. 3d 579 · California Court of Appeal · Feb 6, 1981

Code, § 1382), it has been held prearraignment delays, even when in violation of statute, do not necessarily result in immunity from prosecution. The leading case is People v. … Clearly the time-limiting statute here in question, former section 655, is such a statute. The charges here are not serious — a relevant factor.

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.

Ford v. Polaris Industries, Inc.

43 Cal. Rptr. 3d 215 · California Court of Appeal · May 18, 2006

Two surgeries were required to prepare and *760 establish a colostomy. Medical records indicate she also required “massive resuscitation . . . from her initial operation.” … Polaris designated Daniel Schroepher as the employee most qualified to address safety features on the SLH such as rear passenger seating, safety testing and safety studies.