Case law

People v. Dat Tan Nguyen

54 Cal. App. 4th 705 · California Court of Appeal · Apr 25, 1997

Clearly not. Among other things, punishment may be imposed under section 667.5(b) only where the defendant has been previously convicted of a felony and has served a prison term therefor. … This standard was established by a unanimous California Supreme Court in People v. Olivas (1976) 17 Cal.3d 236 [ 131 Cal.Rptr. 55 , 551 P.2d 375 ].

P. v. Seymore CA1/2

California Court of Appeal · Apr 12, 2013

Clearly the information is on February 24.” 8 The prosecutor confirmed that his questions “pertain[] to the day before.” … , defendant could not establish prejudice.

John J. v. Garrett S.

112 Cal. App. 4th 538 · California Court of Appeal · Oct 3, 2003

The trial court determined that an unwed father who could have been charged with misdemeanor unlawful sexual intercourse could never qualify as a Kelsey S. presumed father. … Accordingly, Adoption of Kelsey S. does not preclude appellant from establishing a constitutional right to block the adoption of his child.

Warren v. Herndon

115 Cal. App. 3d 141 · California Court of Appeal · Jan 26, 1981

This statement on behalf of plaintiffs clearly waived any objection by them thereafter with respect to the admissibility of any relevant evidence filed in support of the motion. … specifically averred that what defendants attached to his declaration was the audible portions of the minutes of that membership meeting. 3 We note that Herndon’s statements were made under circumstances bringing them within the qualified

Constantine v. Board of Education

43 Cal. App. 2d 794 · California Court of Appeal · Mar 31, 1941

Plaintiff appeals from a judgment in favor of defendants in a proceeding in mandamus whereby she sought to establish tenure as permanent principal of the Gough School in San Francisco, to compel the Board of Education to … App. 345 [ 21 Pac. (2d) 623 ]), and that the employment of one as a substitute teacher does not qualify such employee to become a permanent teacher notwithstanding she performs the duties of a probationary or permanent teacher

Pich v. Lightbourne

221 Cal. App. 4th 480 · California Court of Appeal · Nov 13, 2013

Our standards governing this review are well established. … Some of them clearly explain the change CalWIN introduced into the provision of social services.

Gateway Community Charters v. Spiess

California Court of Appeal · Mar 29, 2017

Therefore, the statutory designations identified by Gateway and CCSA are clearly not intended to render charter schools public school districts for all purposes, nor is it likely charter schools actually desire to be treated … Our role is merely to interpret the statute as written, not to establish policy. (Los Angeles County Metropolitan Transportation Authority v. Alameda Produce Market, LLC (2011) 52 Cal.4th 1100, 1112-1113.)

Hearn v. PG&E

California Court of Appeal · Jan 28, 2025

investigation “revealed unclear feedback loops between management and non-management employees regarding acceptable/unacceptable practices or policies about going home during a work or overtime shift” and recommended PG&E clearly … Hearn has not established, and does not contend, that he is entitled as a matter of law to prevail on his retaliation claim.

Marsh & McLennan of California, Inc. v. City of Los Angeles

62 Cal. App. 3d 108 · California Court of Appeal · Sep 17, 1976

It is apparent that neither brokers nor agents qualify as “insurers” under this definition. 8 Hughes v. … A particular matter may be a state affair and exclusively subject to state regulation, but yet not immune from local taxation where the, tax does not interfere with the field preempted-. (Ainsworth v.

Mcveigh v. Recology San Francisco

213 Cal. App. 4th 443 · California Court of Appeal · Jan 31, 2013

McVeigh clearly had a reasonable basis for suspecting tag inflation fraud because Recology employees had been caught doing it. … Board of Trustees, supra, 105 Cal.App.4th at p. 1300, fn. 1 ), and “clearly forbids retaliatory action against an employee who discloses to a government agency the employer’s misappropriation of public funds” (Chin et al.

Hearn v. Pacific Gas & Electric Co.

California Court of Appeal · Jan 24, 2025

investigation “revealed unclear feedback loops between management and non-management employees regarding acceptable/unacceptable practices or policies about going home during a work or overtime shift” and recommended PG&E clearly … Hearn has not established, and does not contend, that he is entitled as a matter of law to prevail on his retaliation claim.

Barclay Kitchen, Inc. v. California Bank

208 Cal. App. 2d 347 · California Court of Appeal · Oct 10, 1962

The primary cause of Barclay’s loss clearly was Mrs. Gianopulus’ thefts. … But this rule is further qualified: The defendant’s act must also be a legal or proximate cause of the plaintiff’s injury. (Champion v. Bennetts, 37 Cal.2d 815, 821 [ 236 P.2d 155 ].)

People v. Super. Court (Sanchez-Flores)

California Court of Appeal · Dec 16, 2015

Prunty (2015) 62 Cal.4th 59, 71, and the guidelines we follow are well-established. … A defendant pleads guilty or no contest to a qualifying misdemeanor charge. (§ 1001.94, subd. (b).)

State v. Mercantile Guaranty Co.

263 Cal. App. 2d 346 · California Court of Appeal · Jun 21, 1968

The application of the estoppel doctrine in this area is a fairly old and well-established practice. … This fact alone does not establish that it would be inequitable to permit Mercantile to cease, to dissolve.

Bank of America v. City of Long Beach

50 Cal. App. 3d 882 · California Court of Appeal · Aug 25, 1975

Clearly, evidence to be used against a party must be disclosed in such fashion that there is an opportunity to rebut it. (Endler v. Schutzbank, supra, 68 Cal.2d at p. 172 ; People ex rel. Dept. Pub. Wks. v. … Probably deliberate change in or deviation from established administrative policy should be permitted so long as the action is not arbitrary or unreasonable.

Melkonians v. Los Angeles County Civil Service Commission

174 Cal. App. 4th 1159 · California Court of Appeal · May 13, 2009

Morales spoke in a halting and emotion-laden voice; she clearly was upset. 1 Morales stated: “Hi, I have a question if you have time for me to *1163 answer. … Viewed in the light applicable to our review, the evidence clearly was sufficient to support the allegations of misconduct.

Kuhn v. Gottfried

103 Cal. App. 2d 80 · California Court of Appeal · Mar 26, 1951

The findings of the trial court may be summarized as follows: That defendant advertised that he would sell a “completely equipped medical office and case records, best remunerative, strictly cash, practice established 18 … Thereafter, a second amended complaint was filed upon a different theory, but this, in our opinion, does not affect the merits of respondent’s position. '.The existence, of this litigation was. clearly,a,most material fact

Pasadena Police Officers Ass'n v. Superior Court

240 Cal. App. 4th 268 · California Court of Appeal · Sep 10, 2015

It found the administrative and criminal investigations were clearly separate investigations. … Because the civil service commission was not the deputy’s employing agency, the court of appeal found its records did not qualify as “‘personnel records’” protected by the Pitchess statutes.

Starr v. Mooslin

14 Cal. App. 3d 988 · California Court of Appeal · Feb 1, 1971

Defense counsel then asked that the trial be continued to the following Monday to enable him to secure a qualified witness. … If it was a question of fact and expert testimony was not required the plaintiff failed completely in several essential respects to establish his claim.” In Ishmael v.

People v. Wesson CA2/7

California Court of Appeal · Jun 23, 2025

Use immunity “prevents a prosecutor from using the immunized testimony against the witness” and “provides sufficient protection to overcome a Fifth Amendment claim of privilege.” … The statements Wesson made at his parole hearing established he shot and killed Allen.