Case law

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

Meza v. H. Muehlstein & Co., Inc.

176 Cal. App. 4th 969 · California Court of Appeal · Aug 18, 2009

Under the substantial relationship test, Drouet was clearly disqualified from representing Meza in this action. … Whether attorney work product is protected under a “doctrine” or a “privilege,” it is clearly protected by statute. 5 The trial court found that “[t]he evidence . . . establishes that the defendants had a shared interest

Gould v. Richmond School District

58 Cal. App. 2d 497 · California Court of Appeal · May 4, 1943

So clearly do those cases so hold that quotations therefrom or comment thereon would seem wholly unnecessary. … To hold otherwise would, in our opinion, establish a dangerous judicial rule; and this is clearly demonstrated by the situation presented by this case.

LIFE CARE CENTERS OF AMERICA v. CalOPTIMA

35 Cal. Rptr. 3d 387 · California Court of Appeal · Oct 31, 2005

I Factual and Procedural Background Established under title XIX of the Social Security Act ( 42 U.S.C. § 1396 et seq.), the federal Medicaid program provides funds to the states to defray the cost of medical care for qualified … GG 1800, effective June 1998, long-term care providers seeking reimbursement must submit a TAR within 21 calendar days of a qualified patient’s admission to the provider’s facility.

Malmquist v. City of Folsom

California Court of Appeal · May 14, 2024

It recognized that some common issues of fact and law existed as to the chemistry of the water provided by the City but concluded that “those common issues do not clearly address or resolve other essential elements of the … sufficient to qualify him as an expert on the subject to which his testimony relates.

Keimer v. Buena Vista Books, Inc.

89 Cal. Rptr. 2d 781 · California Court of Appeal · Oct 27, 1999

We hold that the statements made on the book and videotape covers are commercial speech, entitled only to qualified free speech protection. D. … (C.D.Cal. 1998) 33 F.Supp.2d 1206 .) 10 Of course, the constitutionality of the Unfair Trade Practices Act has already been firmly established. (See, e.g., People v.

People v. Bowen CA1/3

California Court of Appeal · Apr 30, 2014

The testimony of two percipient witnesses established defendant’s participation in the attempted robbery and the stills from the video of the offense established the sequence of events, even if they did not clearly establish … This evidence does not clearly establish that Lacy was an accomplice but simply gives rise to conflicting inferences about whether he played a role in the crime.

People v. QUANG MING TRAN

177 Cal. App. 4th 138 · California Court of Appeal · Aug 31, 2009

While Tran's defense counsel sought to establish Ly's own hope of leniency in return for his testimony, the prosecution sought to establish the fact that Ly was taking his life into his hands in offering his testimony. … The trial court was clearly "within the bounds of reason." B.

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

People v. Villalobos CA3

California Court of Appeal · Nov 22, 2013

Solis (2013) 217 Cal.App.4th 51, 57), provides immunity from criminal liability for a primary caregiver who transports marijuana (or possesses for sale to recoup the actual costs of providing it on behalf of a qualified patient … I mean it was embarrassing, frankly, to listen to some of the comments he was making . . . . [¶] It was clearly false testimony.”

People v. Khan

California Court of Appeal · Oct 28, 2019

The police “established a secured crime scene.” … “The showing required in order to establish probable cause is less than a preponderance of the evidence or even a prima facie case. (Illinois v.

Duran v. Cassidy

28 Cal. App. 3d 574 · California Court of Appeal · Nov 8, 1972

Consequently, the courts considering the petitions for mandamus were able to make the determination that the proposed measure was clearly invalid beyond question, readily and with confidence.” … Any possibility of confusion on this point will be resolved by the publicity certain to accompany the proposed measure, should it qualify for the ballot, and in the ballot arguments applicable thereto.

People v. Hoang CA1/4

California Court of Appeal · Dec 3, 2015

Generally, the MMP establishes a baseline authorization for individuals who qualify for the program to possess eight ounces of dried marijuana and no more than six mature or 12 immature marijuana plants, and then it provides … qualified exceptions for even greater amounts.

In re Morganti

204 Cal. App. 4th 904 · California Court of Appeal · Mar 28, 2012

The DSL establishes a triad of alternative sentences for most felonies. … The directives of subdivision (a) are, however, significantly qualified by those of subdivision (b).

Campbell v. Parker-Hannifin Corp.

82 Cal. Rptr. 2d 202 · California Court of Appeal · Jan 21, 1999

The public factors, on the other hand, clearly favored granting the motion. … The House Judiciary Committee explained that the language “in its capacity as a manufacturer” is intended to insure that parties who happen to be manufacturers of an aircraft or a component part are not immunized from liability

Sibert v. Shaver

111 Cal. App. 2d 833 · California Court of Appeal · Jun 20, 1952

Sibert having qualified as administratrix of her husband’s estate in December, 1947, in March, 1948, her attorney *838 examined Shaver in a probate proceeding. … Findings Have Substantial Evidential Support That George and Clarence invented the device together as partners, applied for a patent and made the invention an asset of the partnership is clearly established by the proof and

People v. Moine

California Court of Appeal · Mar 24, 2021

These are clearly not the facts before us. … Leifer would testify about Moine’s mental health disorders and that they “affect his ability to think clearly.”

People v. Peterson

233 Cal. App. 2d 481 · California Court of Appeal · Apr 7, 1965

Clearly, the court in Keener was not considering the question as to when the hearing under sections 1539 and 1540 must be sought in all instances. … We do not intend by the foregoing processes of reasoning, or by any statement herein made, to lay down any rule of law which would clothe a defendant’s right to a hearing under Penal Code sections 1539,1540 with immunity

Stroock & Stroock & Lavan v. Tendler

121 Cal. Rptr. 2d 14 · California Court of Appeal · Jun 17, 2002

Stroock also worked to qualify the stock under the `blue sky' laws of states where the securities were to be sold, and filed necessary materials with the National Association of Stock Dealers. … Of course, the right to petition does not immunize a litigant from the consequences of initiating baseless litigation. ( McDonald v. Smith (1985) 472 U.S. 479, 484-485 , 105 S.Ct. 2787 , 86 L.Ed.2d 384 .)

DEGRASSI v. Cook

102 Cal. Rptr. 2d 46 · California Court of Appeal · Feb 28, 2001

"The fact that a constitutional provision is self-executing does not establish the remedies that are available for its enforcement. … The defendants contended that they had immunity pursuant to Government Code section 845.