Case law

People v. Walker

203 Cal. App. 2d 552 · California Court of Appeal · May 15, 1962

The evidence establishes that the filling in the cigarette was marijuana. … Clearly the arrest was unlawful. [2] The rule that a search and seizure without a warrant is lawful if made as an incident to a lawful arrest has no application to the facts at bar.

McCormick v. Cal. Pub. Employees' Retirement System

California Court of Appeal · Oct 25, 2019

In September 2004, however, the California Supreme Court, in the Nolan decision, interpreted this section more broadly thereby establishing a new standard that . . . must [be met] to qualify for disability … or can become qualified.”

People v. Miller

25 Cal. App. 4th 913 · California Court of Appeal · Jun 8, 1994

This is clearly impossible; the subjects upon which expert opinion may be received are too numerous to make statutory prescription of applicable rules a feasible venture. … The contention that the evidence was insufficient to establish that appellant was “evaluated for certification by the person in charge of his treatment” is without merit.

National Equipment Rental, Ltd. v. United Lumber Co.

24 Cal. App. 3d 1012 · California Court of Appeal · Mar 29, 1972

California corporation doing business wholly within the State of California, entered into a contract for the lease of computer equipment from respondent lessor, National Equipment Rental, Ltd., a New York corporation not qualified … Clearly the single address was intended to supply the data for both items.

Cohen v. NuVasive, Inc.

164 Cal. App. 4th 868 · California Court of Appeal · Jul 9, 2008

A departure from this fundamental principle is justified only if public policy clearly supports such an exception. ( Merrill v. Navegar, Inc., supra, 26 Cal.4th at pp. 501-502; Rowland, supra, at p. 112 .) … The court overruled the demurrer by Regents of the University of California to all counts based on governmental immunity and its demurrer to the count for intentional infliction of emotional distress, and sustained without

Arteaga v. Superior Court

233 Cal. App. 4th 851 · California Court of Appeal · Jan 27, 2015

Grand Jury Testimony: Jesus Cervantes Jesus Cervantes (also known as Jesse Cervantes) testified under an immunity agreement. … The court specified that while its “holding may allow admission at the preliminary examination of qualified officer testimony regarding an accomplice‟s confession,” it was left to “the magistrate in each case to decide the

People v. Burke

102 Cal. App. 3d 932 · California Court of Appeal · Feb 28, 1980

Defendant, however, contested the issue of whether, for purposes of enhancement, these two prior terms qualified as separate prison terms within the meaning of Penal Code section *939 667.5, subdivision (g). … “While the danger of using photographs for identification prior to the corporeal lineup has been recognized. ..under the circumstances here the procedure was clearly justified.” (Id., at p. 660.)

De Weese v. Unick

102 Cal. App. 3d 100 · California Court of Appeal · Feb 13, 1980

Clearly this statute was conceived to aid in proceedings wherein the issue of paternity had not yet been resolved and incorporated in a final judgment. … The parties cannot claim their controversy has not been litigated because on October 29, 1974, a final judgment was rendered, establishing paternity in the appellant, allowing for reasonable visitation rights and assigning

American Federation of State etc. Employees v. City of L.A.

California Court of Appeal · Mar 27, 2025

“Membership shall entitle the system member to all benefits for retirement, disability and death for which he or she would qualify based upon his or her total service in both the LACERS and the WPERP.” … the benefit and the circumstances of its enactment clearly evince a legislative intent to create contractual rights,” and (2) when courts have determined certain benefits (primarily pension rights) are vested rights “by

People v. Nathaniel C.

228 Cal. App. 3d 990 · California Court of Appeal · Mar 22, 1991

The members of the Family and their supporters quite clearly formed a plan to hunt down and assault B-Wingers to retaliate for the stabbing of a Family member. … Here, the legislative intent is clearly and expressly stated.

Jenner v. City Council

164 Cal. App. 2d 490 · California Court of Appeal · Oct 22, 1958

Tabulation revealed that 42.73 per cent of the qualified area protested the formation of the district. … To allow plaintiffs to introduce evidence in the trial court on this same question would clearly be within the prohibition of the Fascination decision.

Riddick v. City of Malibu

California Court of Appeal · Feb 1, 2024

Deference to the City’s Interpretation Defendants maintain that we should give “great deference” to their interpretation of section 13.4.1 and adopt it unless clearly erroneous. … That definition makes clear that there are two distinct categories of improvements that qualify as exempt by dividing them into two separately numbered paragraphs.

O'HARA v. Storer Communications, Inc.

231 Cal. App. 3d 1101 · California Court of Appeal · Jun 27, 1991

Thus is posed a question never clearly decided by any court in California. … Here, McDaniel’s decision not to hire O’Hara clearly satisfied this requirement of the Restatement.

In Re Trinidad

212 Cal. App. 3d 1077 · California Court of Appeal · Aug 2, 1989

It was not necessary, as the trial court apparently believed, that the deputy sheriff be a qualified handwriting expert before he could describe the similarities in the writing. … Nor was it necessary that the facts established guilt beyond a reasonable doubt.

O'Brien v. O'Brien

21 Cal. App. 620 · California Court of Appeal · Apr 4, 1913

The burden of proof to thus vary the terms of the instrument is upon the party who claims contrary thereto, and he must establish his allegations by a preponderance of evidence. … It was shown that this witness, at the time he qualified as executor of the estate of his deceased brother, testified that this particular property was the property of the estate.

Kids Against Pollution v. CALIFORNIA DENTAL ASS'N

134 Cal. Rptr. 2d 373 · California Court of Appeal · Sep 17, 2003

Although the statute speaks of the plaintiff establishing a "probability" of success, a judicial gloss has been placed on the statutory language, and is now firmly established. … In that case the plaintiff sued her local bar association for breach of contract and fraud because of a "not qualified" rating she received as a candidate for judicial office.

Magee v. San Francisco Bar Pilots Benevolent & Protective Ass'n

88 Cal. App. 2d 278 · California Court of Appeal · Nov 1, 1948

They clearly provide that to become an associate member the retired regular member must be elected by a two-thirds vote. … The obvious answer is that, under the law, pilots must be licensed, and the Board of Pilot Commissioners is required to license only qualified pilots.

Eye v. Kafer, Inc.

202 Cal. App. 2d 449 · California Court of Appeal · Apr 17, 1962

right or wrong in the transaction which occasions it.” ’ ” At page 1161 it continues as follows: “Especially, in such cases, questions which relate to scandalous or other matter likely to affect a jury improperly would seem clearly … Section 1953f, Code of Civil Procedure, reads as follows: “A record of an act, condition or event, shall, in so far as relevant, be competent evidence if the custodian or other qualified witness testifies to its identity

DeLeon v. Verizon Wireless, LLC

207 Cal. App. 4th 800 · California Court of Appeal · Jul 10, 2012

DeLeon opposed the motion, arguing that a triable issue of fact existed as to whether the commission payments he received qualified as “advances.” … The conditions, however, must be clearly expressed and generally set forth in writing.

Jergens v. City of Los Angeles

103 Cal. App. 2d 232 · California Court of Appeal · Apr 2, 1951

But the facts in the cases they rely on are clearly distinguishable. … It is immaterial, however, what the exact tributary area may be, since it was clearly established by the evidence that the existing conditions present a serious drainage problem at the intersection of the boulevard and the