Case law

Street v. Superior Court

224 Cal. App. 3d 1397 · California Court of Appeal · Nov 1, 1990

They made evidentiary objections to Chang’s declaration and also questioned its adequacy to establish his good faith, a threshold requirement for applicability of the Good Samaritan statutes. … Although he was neither qualified to perform the test nor directly responsible for her treatment, he had a professional and ethical, not to mention a pecuniary, interest in her care.

Hughes v. County of San Diego

35 Cal. App. 3d 349 · California Court of Appeal · Nov 15, 1973

The court in Reed did not distinguish between the section’s two immunities, but the decision clearly involves the immunity based on the status of the plaintiff as an injured prisoner. … At issue was the portion of section 854.8 which allowed a mental patient to recover from public entities for injuries only by establishing his claim against the individual doctor involved.

Carr v. City of Newport Beach

California Court of Appeal · Aug 29, 2023

The dissent interprets the latter half of the diving provision to qualify a public entity’s immunity if it chooses to prohibit diving at a particular location. … Public entities are immune from liability for injuries arising from a failure to enforce the law (§ 818.2), meaning this is not a viable basis for establishing gross negligence. (See Wood v.

Warburton/Buttner v. Superior Court

127 Cal. Rptr. 2d 706 · California Court of Appeal · Nov 26, 2002

petition for writ of mandate brought by Warburton/ Buttner, a limited partnership that develops and manages commercial real estate on Indian land (Warburton), significant issues are raised concerning the showing required to establish … Thus, the relevant immunity question should be whether the alleged actions that form the basis of a particular suit are clearly governmental rather than corporate in nature. (Ibid.)

DeVito v. State of California

202 Cal. App. 3d 264 · California Court of Appeal · Jun 20, 1988

The complaint in the present case, however, does not establish the nature of the area where the injury occurred. … As amended once in the Assembly, the bill reached the Senate clearly providing immunity where the *271 dangerous condition causing the injury was “assumed by the participant as inherently a part of the hazardous recreational

Matchett v. Superior Court

40 Cal. App. 3d 623 · California Court of Appeal · Jul 11, 1974

Petway are immune from discovery. … In this opinion we shall refer to these publications, respectively, as “Accreditation Manual” and “Guidelines.” 3 Literally, section 1157 establishes an immunity from discovery but not an evidentiary privilege in the sense

Cornell v. City and County of San Francisco

California Court of Appeal · Nov 16, 2017

By then, appellants contend, the jury’s findings establish without doubt that Cornell was in full flight, clearly indicating consciousness of guilt. … (b), the federal standard for qualified immunity that has evolved in the last three decades, which is based on an objective appraisal of whether an officer facing civil suit violated “clearly established” law, and is not

Los Angeles County Metropolitan Transportation Authority v. Superior Court

20 Cal. Rptr. 3d 92 · California Court of Appeal · Oct 21, 2004

While there are no cases directly on the issue of public entity immunity from civil penalties under the Unruh Act, there are several instructive decisions which discuss the immunity provided by section 818 in other civil … But even after establishing a case where punitive damages are permissible, he is never entitled to them ....

People v. Windus

165 Cal. App. 4th 634 · California Court of Appeal · Jul 30, 2008

Eidleman’s recommendation was more than three years old, it “had clearly expired.” … Galambos (2002) 104 Cal.App.4th 1147, 1152 [ 128 Cal.Rptr.2d 844 ] [“We also reject defendant’s claim that the limited immunity afforded under Proposition 215 to patients and primary caregivers should be extended to those

E.I. v. El Segundo Unified School Dist.

California Court of Appeal · Jun 13, 2025

The court explained that while a deputy public defender’s decision to represent a particular client may qualify as an immune “discretionary” act, “once the employee undertakes to render such services, he or she is not immune … The District cites no authority that such conduct qualifies as “quasi-legislative policy-making” entitled to immunity under Government Code section 820.2.

San Diego City Firefighters v. Board of Administration of San Diego City Employees' Retirement System

206 Cal. App. 4th 594 · California Court of Appeal · May 25, 2012

(a)), except “where the employee is immune from liability” (id., subd. (b)). … See footnote 2, ante, for a discussion regarding a qualified retirement plan.

Santa Clara County Department of Social Services v. Katherine Q.

130 Cal. App. 3d 567 · California Court of Appeal · Apr 13, 1982

The trial court was obligated to “treat such an objection and declaration as conclusively establishing that an immunity order .. . cannot be issued because it would or might unduly hamper criminal prosecution of the witness … Finally, and contrary to appellant’s fourth contention, the tape recording was clearly admissible as a declaration against penal interest (Evid.

Stacy & Witbeck, Inc. v. City & County of San Francisco

36 Cal. App. 4th 1074 · California Court of Appeal · Jul 17, 1995

Breach of a specific contractual provision is not necessary to establish breach of the covenant. (Carma Developers (Cal.), Inc. v. … civil tort liability should also be immune from injunctive relief.

Spectra-Physics, Inc. v. Superior Court

198 Cal. App. 3d 1487 · California Court of Appeal · Feb 4, 1988

The answer is clearly yes. … Counsel for plaintiffs, again having a joint stake with Teledyne in establishing that this settlement is in good faith, will most probably be cooperative in providing this information.

Hugo Neu Corp. v. County of Los Angeles

241 Cal. App. 2d 703 · California Court of Appeal · Apr 26, 1966

In the ease at bench, the twofold test for immunity from taxes was not satisfied. … The two cases are clearly distinguishable. In the Sabine case, there was certainty of export, and the goods were stored for only a brief period of time.

People v. Duran

California Court of Appeal · Oct 27, 2022

Because, as discussed below, a person convicted as a direct aider and abettor is not qualified to be resentenced under section 1172.6, defendant’s declaration necessarily constituted a sworn statement that he was not a direct … Simmons held that a defendant’s testimony to establish standing to challenge a search at a suppression hearing could not be used at the subsequent criminal trial; if denied use immunity for any testimony offered at the

Winterburn v. City of Pomona

186 Cal. App. 3d 878 · California Court of Appeal · Oct 28, 1986

In spite of the fact that city planners, who speak their own arcane dialect, may have regarded the land as “non-recreational,” public access to and use of the land was clearly contemplated. … Mere alleged hearings concerning the cave, assuming they actually occurred, do not establish that the city voluntarily undertook the duty to restrict entry to the cave.

People v. Forney

3 Cal. App. 5th 1091 · California Court of Appeal · Oct 4, 2016

The issue in Chavez, supra, 538 U.S. 760 was whether an interrogating officer could claim qualified immunity in a civil rights case brought by one Oliverio Martinez, who had been questioned without Miranda3 warnings while … In an even more fractured opinion than McKune, the high court reversed the Ninth Circuit Court of Appeals’ opinion denying qualified immunity and remanded for consideration of whether Martinez could base his section 1983

Jackson v. County of Los Angeles

60 Cal. App. 4th 171 · California Court of Appeal · Dec 19, 1997

Further, it is well established that, for the doctrine to apply, the seemingly conflicting positions “must be clearly inconsistent so hat one necessarily excludes the other.” (Coleman v. … The workers’ compensation judge accepted the parties’ stipulations and approved the work restriction as part of the award. 12 To prevail on his ADA claim, Jackson must establish that he is a “qualified individual with a disability

Schonfeld v. City of Vallejo

50 Cal. App. 3d 401 · California Court of Appeal · Aug 4, 1975

Such an interpretation would render the entire statute meaningless and the legislative purpose would clearly be defeated. *410 Accordingly, we hold that the immunity afforded by Government Code section 822.2 applies unless … [is not] clearly manifested by the contracting parties’ ” (Western Airlines, supra, 204 Cal.App.2d 105, at pp. 120-121 ).