Case law

Mercado v. City of Pasadena

176 Cal. App. 2d 28 · California Court of Appeal · Dec 8, 1959

It ivas said therein (p. 374) : “Clearly the local authorities are to’determine when a sign or signal is necessary at a particular intersection.” … It was also said therein (p. 372) : “The governmental immunity which a city enjoys as a state agency can be taken away only by legislative enactment. [Citations.]

Alexander v. City of Santa Cruz CA6

California Court of Appeal · Oct 29, 2025

That ability is protected already by official immunity statutes, which, among other things, grant law enforcement officers absolute or qualified immunity against liability while enforcing the law and initiating prosecution … Code, § 820.4 [qualified immunity for enforcing the law]; id., § 821.6 [absolute immunity for instituting judicial proceedings]; see also id. § 820.2 [absolute immunity for discretionary actions].)

Estate of Williams

37 Cal. App. 2d 181 · California Court of Appeal · Feb 6, 1940

Following the death of John, the last surviving son, and on June 14, 1930, the Wells Fargo Bank and Union Trust Company of San Francisco, successor to the Union Trust Company, duly qualified, appointed and acting trustee … They come clearly within the purview of the law governing escheats. The State holds property distributed to it from the estate of Ellen Mary Williams, for the *188 reason that there were no known heirs.

Barber v. California Employment Stabilization Commission

130 Cal. App. 2d 7 · California Court of Appeal · Dec 30, 1954

If the dispatcher found him qualified to fill the position and if his registration was the oldest active one in point of time, he would be issued an assignment card designating the vessel to which he was to report. … This was clearly illustrated in Weaver v. Pasadena Tournament of Roses Assn., 32 Cal.2d 833 [ 198 P.2d 514 ]. (See also Parker v. Bowron, 40 Cal.2d 344 [ 254 P.2d 6 ].)

Benguet Consolidated Mining Co. v. Industrial Accident Commission

36 Cal. App. 2d 158 · California Court of Appeal · Dec 19, 1939

S., at p. 538 ), pointed out that, under the California decisions, it had been held that the “privileges and immunities clause of the Federal Constitution prevented giving any effect to the requirement that the employee be … He was clearly acting as the agent of petitioner, and petitioner was clearly doing a material portion of its business in this state.

Kawano, Inc. v. Agricultural Labor Relations Board

106 Cal. App. 3d 937 · California Court of Appeal · Jun 12, 1980

The elements of proof of an unfair refusal to rehire charge are the employee applied for an available position for which he was qualified and was unequivocally rejected, primarily because of union support. … Before 1975, factors favoring legáis had included their relative permanence and immunity to deportation, while the illegals had in their favor their willingness to do more work for less money.

Bixler v. Goulding

45 Cal. App. 4th 1179 · California Court of Appeal · May 24, 1996

These facts which clearly involved Dr. Bixler in the decision to have Ms. Langere involuntarily detained were related to Mr. Goulding by his client. Moreover, Ms. … Langere’s counsel indicated he had information from properly qualified medical professionals that Dr. Bixler had improperly failed to reduce her dosage of Xanax.

Friends of Willow Glen Trestle v. City of San Jose

2 Cal. App. 5th 457 · California Court of Appeal · Aug 12, 2016

“In interpreting CEQA, we accord the [CEQA] Guidelines great weight except where they are clearly unauthorized or erroneous.” (Vineyard Area Citizens for Responsible Growth, Inc. v. … The court held that, in applying these provisions, ‘the fair argument standard does not govern’ an agency’s determination of whether a building qualifies as a ‘historical resource.’

County of Los Angeles v. Sullivan

32 Cal. App. 325 · California Court of Appeal · Dec 13, 1916

Necessarily the issue "must be determined from the opinions of witnesses qualified to testify upon the subject. … tended to establish the facts upon which such opinions were based, it was for the trial court to determine the value thereof as evidence.

People v. Avilez

86 Cal. App. 2d 289 · California Court of Appeal · Jun 18, 1948

Written reports of three qualified psychiatrists agreed that defendant was a “psychopathic personality” but that there was no “psychosis” and that he was legally responsible. … Respondent argues that the withdrawal of a plea of guilty is in the sound discretion of the trial court and requires establishing of mistake, fraud, duress or overreaching (citing among other cases People v.

People v. Maita

157 Cal. App. 3d 309 · California Court of Appeal · Jun 19, 1984

No one seriously contends, however, that anything which occurs upon a stage is automatically immune from state regulation. In California v. … Maita] was clearly aware of their presence in my view before 10:00 o’clock.” The court in People v.

Smith v. Workers' Compensation Appeals Board

96 Cal. App. 4th 560 · California Court of Appeal · Feb 28, 2002

We find it clear from Larsen that receiving free room and board may help a family member qualify as a dependent. … the landlord to qualify as a dependent, the amount of rent must exceed the cost of the food and other necessities provided. *567 (1) May receiving “rent’ qualify a parent as a dependent?

Estate of Cecala

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, the election by Rosaria became res adjudicata 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.

Merrill v. Mother Church

214 Cal. App. 2d 39 · California Court of Appeal · Mar 14, 1963

In this heirship proceeding petitioner-appellant, Beverly Duffill Merrill, seeks to establish that she is an heir of her paternal grandmother, Martha J. Garey, who died testate in 1960. … Second, to deny the adopted child the right to qualify as the pretermitted heir of his adoptive grandparent would be to deny him entirely the right to qualify as the pretermitted heir of either his natural or adoptive grandparent

Alvez v. Toprahanian

39 Cal. App. 2d 126 · California Court of Appeal · May 16, 1940

Gianola was, by an order duly given, made and entered on a certain date, appointed guardian of the estates of these minors, giving their names, and that ever since said date he has been and now is, the duly appointed, qualified … In a concurring opinion in the case just cited, it was pointed out that the rule that a trustee cannot deal with his beneficiary was too broadly stated in the main opinion in that recognition was not given to established

Gone v. Santa Clara Valley Transportation Authority CA6

California Court of Appeal · Feb 25, 2016

First, VTA argued that Plaintiff could not establish the first element: that there was a dangerous condition at the Crossing. Second, VTA relied on the design immunity defense (Gov. Code, § 830.6). … The trial court agreed that Plaintiff could not establish that there was a dangerous condition at the Crossing; consequently, it did not address VTA’s design immunity defense.

Gerritsma v. Vogelaar

266 Cal. App. 2d 210 · California Court of Appeal · Sep 27, 1968

The record is devoid of direct evidence to establish what happened. Plaintiff’s injuries precluded testimony by her. … The former case was concerned with reconciling the parts of then Vehicle Code, section 562 which clearly put in comparison the conduct of a pedestrian with that of an operator of a motor *218 vehicle.

Huffman v. Peterson

75 Cal. App. 3d 364 · California Court of Appeal · Nov 23, 1977

Marion further argues that if it does not so qualify under Probate Code section 70 because the contract was oral (see Civ. … Clearly, though, no such restriction is contained in Probate Code section 220.

People v. Strider

177 Cal. App. 4th 1393 · California Court of Appeal · Sep 29, 2009

That a fenced, secured area is visible to the public cannot, in our view, serve as the touchstone to establish it was a public place. … The interior of a home may be easily visible through open curtains or large windows, but clearly it would not qualify as a public place within the meaning of the statute. The People’s citations to People v.

Maleki v. County of Los Angeles CA2/2

California Court of Appeal · Jan 6, 2014

The siren made a deep “honk honk” sound that Mouradian heard clearly, though his window was closed. Mouradian slowed down even though he had a green light. … The court decided that Rahn is not qualified to testify about Los Angeles procedures and Riverside procedures are not relevant.