Case law

People v. Vega-Robles

9 Cal. App. 5th 382 · California Court of Appeal · Mar 7, 2017

The burden is on the party seeking bifurcation to 60 clearly establish there is a substantial danger of prejudice requiring the charges be separately tried. … While the foregoing sentence appears to be categorical, in context it was clearly meant to summarize the evidence adduced at Price’s trial.

Violette v. Shoup

16 Cal. App. 4th 611 · California Court of Appeal · May 24, 1993

engaged in a variety of speculative tax shelter investments. 1 At the time of the Eagle Wind investment, he had passed an exam prescribed by the National Association of Securities Dealers and was a registered representative qualified … That portion clearly stated that the investment was “Speculative and Involve[d] a High Degree of Risk.”

Bates v. Newman

121 Cal. App. 2d 800 · California Court of Appeal · Dec 11, 1953

The first part of the answer was clearly responsive—“That is right, your Honor.” The remainder of the answer may have been unresponsive. … Sloan on his direct examination, he on a number of occasions, asked the doctor for his professional opinion on various subjects, thereby conceding that the doctor was qualified to express such an opinion.

People v. Walker

69 Cal. App. 475 · California Court of Appeal · Oct 30, 1924

The fact that the young woman was better qualified to perform the work in hand than were the others amply justified the court in appointing her, of course. … such facts established, as tend logically and necessarily to prove them.”

Pacific Architects Collaborative v. State

100 Cal. App. 3d 110 · California Court of Appeal · Oct 10, 1979

‘Before a defendant’s motion can be granted, it must clearly appear that the action is without merit, and every reasonable doubt must be resolved in favor of the complaint. (Arnold v. … (but not necessarily the other) cannot be established.

Russell City Energy Co. v. City of Hayward

California Court of Appeal · Aug 7, 2017

For example, it claims Section 31 prohibits only “perpetual or irrevocable tax immunity.” … (Id. at p. 830) The court determined CSL was immune from liability because the claim was “based on tort rather than contract.” (Id. at p. 831.)

In Re Retirement Cases

1 Cal. Rptr. 3d 790 · California Court of Appeal · Jul 11, 2003

It therefore remanded to permit individuals to establish detrimental reliance. … It did not suggest that in-kind advantages qualified as “compensation” if a cash value could easily be assigned. (Ibid.)

Norwood v. Judd

93 Cal. App. 2d 276 · California Court of Appeal · Aug 10, 1949

An applicant may qualify in regard to his experience and knowledge in the following ways: . . . … It is clearly distinguishable from the present case. In the Hooper case the very agreement itself provided for the conducting of the bar business for 15 months without a proper license.

Goff v. County of Los Angeles CA2/2

California Court of Appeal · Mar 1, 2013

It isolated the portion of the statute providing immunity for ―‗any injury caused in fighting fires,‘‖ finding that the statute ―establishes sovereign immunity from claims based on such injuries‖ and determining that each … Appellants construe this qualifying statement as indicating that the Heieck and Moran court would not have applied immunity under section 850.4 if there had been a promise or representation involved.

Fugate v. Cook

236 Cal. App. 2d 700 · California Court of Appeal · Aug 19, 1965

By an unbroken line of decision in this state since the date of the original enactment of section 437c, the principle has become well established that issue finding rather than issue determination is the pivot upon which … A qualified acceptance is a new proposal.” (See American Aero. Corp. v. Grand Central Aircraft Co., 155 Cal.App.2d 69, 79 [ 317 P.2d 694 ].) A counteroffer is a rejection of a previous offer. (People v.

Jones v. Martinez (Deckers Outdoor Corp.)

California Court of Appeal · Oct 27, 2014

unless . . . they establish demand futility). . . . … Discovery is not available to a person seeking to qualify as a plaintiff in a shareholder derivative action involving a Delaware corporation.

Western Mobilehome Assn. v. County of San Diego

16 Cal. App. 3d 941 · California Court of Appeal · Apr 21, 1971

Issue on Appeal The sole question on appeal is whether County is authorized to establish, by ordinance, a schedule of operating permit fees differing from that established by section 18502, subdivision (b), of the Act. … Health and Safety Code section 3382, enacted at the same 1961 session, imposes upon counties the duty of carrying out a program of poliomyelitis immunization.

Service Employees International Union v. Brown

197 Cal. App. 4th 252 · California Court of Appeal · Jul 8, 2011

The dollars and cents consequences—if such there be—are not established by the record on appeal. … In addition, bond proceeds . . . may be used either to purchase loans from qualified mortgage lenders [citations] or to lend funds to qualified mortgage lenders on the condition that they make such loans [citations].”

Naismith Dental Corp. v. Board of Dental Examiners

68 Cal. App. 3d 253 · California Court of Appeal · Mar 21, 1977

Clearly, under this holding and rationale, the practice of dentistry neither touches upon a “fundamental interest,” nor is its legislative classification" “suspect.” … Board of Medical Examiners which qualifies this language, as is suggested by Naismith.

Valentine v. Kaiser Foundation Hospitals

194 Cal. App. 2d 282 · California Court of Appeal · Jul 26, 1961

, instructing it to apply the doctrine only if it found that those bases were established. … There was clearly sufficient evidence to justify the giving of “an” instruction on res ipsa loquitur. Condition (a) was supported by Dr.

People v. Davey

34 Cal. Rptr. 3d 811 · California Court of Appeal · Oct 17, 2005

.) *390 Under established case law, there are two limitations on the scope of section 654’s ban on multiple punishment. … Nonetheless, his crime is not statutorily defined as involving violence to the person, and the case law clearly limits the applicability of the multiple-victim exception to crimes that are so defined. B.

Pacific Gas & Electric Co. v. City of Berkeley

60 Cal. App. 3d 123 · California Court of Appeal · Jul 15, 1976

for submission to the voters at the November 5, 1974, election an “Acquisition Ordinance” which directed the city to acquire, by condemnation if necessary, PG&E’s facilities within the city, in order that the city could establish … It is also evident that as a result of PG&E’s many years of experience as the owner and operator of Berkeley’s electric system, that company was uniquely qualified to make an informed and valuable public comment upon the

City and County of SF v. All Persons Interested etc.

California Court of Appeal · Jun 30, 2020

California law is to the contrary, as clearly spelled out in the cases we have already considered. … The same point was made just as clearly in California Cannabis.

P. ex rel. Bonta v. Greenpower Motor Co., Inc.

California Court of Appeal · Jul 28, 2025

A single HVIP voucher can reimburse up to $100,000 per qualifying electric vehicle. … to better identify whether each HVIP-qualifying electric vehicle was physically delivered and whether each HVIP-qualifying electric vehicle was operated, and stayed in operation, in the State of California for at least three

People v. Waqa

California Court of Appeal · Jun 14, 2023

More generally, the risk of harm beyond that inherent in the rape was not clearly increased in the large stall compared to the small stall. … Nor did the movement to the large stall clearly enhance Waqa’s ability to “gain control over [Doe] and ensure[] her compliance.”