Case law

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.

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

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

People v. Carrillo

162 Cal. App. 3d 585 · California Court of Appeal · Dec 12, 1984

Illinois, supra, 405 U.S. 645 , as they allow an alleged natural father to attempt to establish the existence of a relationship pursuant to Civil Code section 7006 and an opportunity to qualify as a presumed father under … Johnson, supra, 151 Cal.App.3d 1021 , both involved fathers who qualified as presumed fathers under Civil Code section 197, and were thus immune from prosecution for child stealing under Penal Code section 278.

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 ).

Krolikowski v. San Diego City Employees' Retirement System

California Court of Appeal · Jun 14, 2018

establish prejudice from any delay. … The decision was clearly discretionary and was not merely the carrying out of a ministerial duty.

Doe v. Mount Pleasant Elementary School Dist.

California Court of Appeal · Aug 29, 2025

To ascertain the phrase’s meaning, then, I rely on its well-established legal meaning, if one exists. … “Waiver” has a well-established legal meaning in numerous statutory and other contexts.

People v. Reed

68 Cal. App. 19 · California Court of Appeal · Jun 28, 1924

We think this was sufficient to establish the corpus delicti. *21 Before introducing in evidence such a confession of a defendant, the burden is upon the prosecution to show that the confession was made voluntarily and without … is also true that if threats and inducements are made to a prisoner, and within a few days thereafter he makes a confession, such acknowledgment of the commission of the crime may not be introduced in evidence unless it clearly

Noble v. Los Angeles Dodgers, Inc.

168 Cal. App. 3d 912 · California Court of Appeal · May 30, 1985

It seems anomalous to us that a public entity which has the primary role in providing police protection is so immunized while persons not generally considered to have that general responsibility are not so immunized. … control the conduct of police and render them less effective in deterring crime, the law should at the same time encourage the expansion of private police forces who necessarily are less professional, less trained and less qualified

Burden v. County of Santa Clara

96 Cal. Rptr. 2d 587 · California Court of Appeal · Jun 5, 2000

Burden’s misrepresentation claims regarding his recruitment and hiring as an employee clearly arose out of a business transaction between Burden and the County. … City of Colton, supra, 197 Cal.App.3d 1335 , we are convinced that the statutory scheme clearly provides that even in cases in which the public employee is liable for actual fraud, the public entity is immune. C.

Findleton v. Coyote Valley Band of Pomo Indians

1 Cal. App. 5th 1194 · California Court of Appeal · Jul 29, 2016

The Tribal Council’s powers also include enacting laws, statutes and codes, and establishing tribal courts. … “Consistent with this policy,” the cases hold that “ ‘tribal courts are best qualified to interpret and apply tribal law.’ ” (Prescott v. Little Six, Inc. (8th Cir. 2004) 387 F.3d 753, 756.)

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

County of San Diego v. San Diego NORML

165 Cal. App. 4th 798 · California Court of Appeal · Jul 31, 2008

To that end, the MMP included provisions establishing a voluntary program for the issuance of identification cards to persons qualified to claim the exemptions provided under California’s medical marijuana laws. (§§ 11362.7 … patients and primary caregivers would be immune.

Benn v. County of Los Angeles

58 Cal. Rptr. 3d 563 · California Court of Appeal · May 2, 2007

As an alternative and independent ground the court *484 found the County was protected from liability by the doctrine of qualified immunity. … Lewis, supra, 523 U.S. 833, 849 . 65 In light of our conclusions we need not reach the County’s alternative argument it is protected from liability under the doctrines of absolute and/or qualified immunity.

Dammann v. Golden Gate Bridge, Highway & Transportation District

212 Cal. App. 4th 335 · California Court of Appeal · Dec 20, 2012

had clearly revealed the defects of the plan.” … A public entity claiming design immunity must establish three elements: (1) a causal relationship between the plan or design and the accident; (2) discretionary approval of the plan or design prior to construction; and (3

People v. Optimal Global Healing, Inc.

California Court of Appeal · Nov 10, 2015

This measure superseded previous City laws concerning MMB‟s, and enacted Los Angeles Municipal Code (LAMC) section 45.19.6.2, subdivision A, making it a misdemeanor to “own, establish, operate, use, or permit the establishment … , operate, use, or permit the establishment or operation of a [MMB] . . . .”

Goldbaum v. Regents of University of California

191 Cal. App. 4th 703 · California Court of Appeal · Jan 6, 2011

Goldbaum’s motion for attorney fees in an action against the Regents to establish his eligibility for pension fund benefits. … A line of opinions establishes that matters pertaining to wages and benefits are internal university affairs not subject to any of the exceptions to the Regents’ constitutional immunity from state regulation.

Wyckoff v. State

108 Cal. Rptr. 2d 198 · California Court of Appeal · Jun 4, 2001

Plaintiff appeals, contending (1) the State failed to establish the affirmative defense of design immunity, or (2) if it did establish initial design immunity, it lost that immunity by the time of the accident because of … Plaintiff alternatively argues that if the State established initial design immunity, that immunity was lost when changed circumstances made the location a dangerous condition.

BRUNIUS v. Parrish

34 Cal. Rptr. 3d 55 · California Court of Appeal · Sep 13, 2005

The Mining Board establishes state policy for the conduct of mining operations and the reclamation of mined lands. (§ 2755 [“The board[ 9 ] shall adopt regulations that establish state policy for the reclamation of mined … Cross-complainants cite case law addressing whether local entities were “like an arm of the State” so as to qualify for Eleventh Amendment immunity. (E.g., Lynch v.