Case law

People v. Ayon CA4/1

California Court of Appeal · Jul 29, 2015

Our high court noted that a potential test for the granting of judicial immunity would require: "(1) ' "the proffered testimony [is] clearly exculpatory; [(2)] the testimony [is] essential; and [(3)] there [is] no strong … Smith (3d Cir. 1980) 615 F.2d 964, to establish federal authority for a judicial grant of immunity, we note that this case was recently overruled. (See United States v.

Hoover v. Travelers Insurance

173 Cal. App. 2d 361 · California Court of Appeal · Aug 27, 1959

Thus, the above quoted language of the policy is clearly ambiguous and the rule of Continental Cas. Co. v. Phoenix Constr. … A group life policy conforming to all of the following conditions may be issued to the trustees of a fund established by one employer, or by two or more employers in the same industry, or by one or more labor unions, or by

Bos v. United States Rubber Co.

100 Cal. App. 2d 565 · California Court of Appeal · Nov 21, 1950

Neither the action of the Board of Directors in establishing this Pension Plan or any action hereafter taken by the Board of Directors or the Pension Committee shall be construed as giving any officer or employe or agent … But the second cause of action was clearly an attempt to substitute the alleged oral agreement for the written one, or to modify it.

Fig Garden Park No. 2 Ass'n v. Local Agency Formation Commission

162 Cal. App. 3d 336 · California Court of Appeal · Nov 30, 1984

.” (§ 35006.) 4 Section 35000 clearly expresses the legislative intent to promote orderly development of urban areas and logical formation and expansion of cities to assure that persons living in enclosures within a city … Accordingly, the trial court erred in concluding that the property did not qualify for annexation under section 35150, subdivision (f).

Anderson v. San Francisco Rent Stabilization & Arbitration Board

192 Cal. App. 3d 1336 · California Court of Appeal · Jun 25, 1987

construction of a statute by an administrative agency charged with its administration and interpretation, while not necessarily controlling, is entitled to great weight and should be respected by the courts unless it is clearly … to residential rental property, may require, as a condition of making a loan ..., that the borrower contract during the term of the loan not to raise the rental amount over *1345 an amount which the agency by regulation establishes

People v. Ohman

67 Cal. App. 2d 467 · California Court of Appeal · Jan 4, 1945

It was stipulated that he was “well qualified” as such an expert. He testified he had compared the signatures on the various documents signed in the presence of Mr. Abbott and Mr. … Frassi, which clearly established the corpus delicti of the crimes charged against the defendant.

Kelly v. Kelly

75 Cal. App. 2d 408 · California Court of Appeal · Jul 18, 1946

Thompson, a qualified psychiatrist, testified that he examined defendant on April 3, and April 10, 1943; that he found no evidence of mental disorder. … The law with regard to the power of the court in such circumstances is well established. The introduction of additional evidence resulting from any change in the status of the parties in no sense establishes a “rule.”

Pico Citizens Bank v. Tafco Inc.

201 Cal. App. 2d 131 · California Court of Appeal · Mar 9, 1962

Kitto, 100 Cal.App. 302 [ 279 P. 1024 ], wherein expressions of “cancellation” or “rescission” were not construed as the renunciation of any claim for damages for prior breach unless such intention clearly appears. … Plaintiff produced a witness, qualified to so testify, that in his opinion a period of 90 days would have been reasonable under the circumstances.

Wilmot v. Contra Costa County Employee's Retirement Association

California Court of Appeal · Feb 5, 2021

It has already been established that the Pension Reform Act had a constitutionally permissible purpose, and collecting public pay for criminality certainly qualifies an abuse or loophole that the Legislature could end. … These factors are clearly outweighed by those supporting a nonpunitive determination.

Darden v. Reese

88 Cal. App. 2d 904 · California Court of Appeal · Dec 1, 1948

It clearly appears that he was not interested in acquiring the stock for himself, but did so only for what he understood would be the protection of Reese and upon the promise of Reese that the latter would take the stock … Although Jones, as vice president, and Adams, as assistant secretary, were qualified to receive notice of the levy (Code Civ.

Carney v. Santa Cruz Women Against Rape

221 Cal. App. 3d 1009 · California Court of Appeal · Jun 27, 1990

She stated that when she regained consciousness, she was in the front seat of a vehicle with her head in the lap of one man, her clothes undone, and both of the men were “touching her in what was a clearly sexual manner.” … Manguso , however, involved a qualified privilege under section 47(3) and the instruction was based upon that fact. 3 In this case, both Carney and SCWAR now agree, based upon the holding in Brown v.

Taylor v. United Parcel Service Inc.

190 Cal. App. 4th 1001 · California Court of Appeal · Dec 9, 2010

“A job title alone is insufficient to establish the exempt status of an employee. … revised or reversed after review does not mean that the employee is not exercising discretion and independent judgment . . . .” ( 29 C.F.R. § 541.207 (e).) *1028 Based on the undisputed evidence in the record, Taylor was clearly

Victory Oil Co. v. Hancock Oil Co.

125 Cal. App. 2d 222 · California Court of Appeal · May 17, 1954

Therefore we must ascertain whether an instrument “would have been valid prior to” 1951, in order to determine its immunity under section 8. , The validity of any instrument is determined by laws, both written and unwritten … The code establishes the law respecting the subjects to which it relates but where the code is silent the common law governs. (Estate of Apple, 66 Cal. 432, 434 [ 6 P. 7 ].)

People v. Hernandez

229 Cal. App. 2d 143 · California Court of Appeal · Aug 13, 1964

Superior Court included an element which was not clearly revealed at the time of Denne and its companion decisions. … App.2d 720, 725 [ 14 Cal.Rptr. 569 ], which describes the Denne ease as denying parolees [all] constitutional immunity against unreasonable searches and seizures.

Bergeron v. Dessert Hospital Corp.

221 Cal. App. 3d 146 · California Court of Appeal · Jun 12, 1990

This interest is clearly fundamental. . . .” (Id., at p. 823.) Here, it is undisputed that petitioner’s right to “use” the roster, i.e., to participate thereon, is directly related to the pursuit of his livelihood. … However, although not every responsibility establishes an entitlement, when the responsibility is directly related to the pursuit of a livelihood, then, under Anton , an entitlement is established therefrom.

Gabric v. City of Rancho Palos Verdes

73 Cal. App. 3d 183 · California Court of Appeal · Sep 7, 1977

But the record clearly discloses that the City ignored its own ordinances and misapplied the law. … Section 5 thereof provides that projects listed in certain classes including homes are all qualified by the consideration of location.

P .v. Avina CA4/3

California Court of Appeal · Feb 7, 2014

(b)) to “establish and maintain a voluntary program for the issuance of identification cards to qualified patients . . . .” (§ 11362.71, subd. (a)(1).) Subject to the requirements of the MMP (§ 11362.765, subd. … (a)), the Legislature provided immunity to “[a]ny individual who provides assistance to a qualified patient or . . . designated primary caregiver” (§ 11362.765, subd.

Reiter v. Anderson

87 Cal. App. 642 · California Court of Appeal · Dec 19, 1927

In discussing the same question as to the legal relationship created by the form of contract such as the parties here entered into, Professor Mechem says: “A qualified form of ‘agency’ which has grown up in modern times is … For aught said documents show the goods ordered by defendants were to be paid for in sixty days, whether sold by defendants or not, clearly implying a sale and credit.

Marr. of Greenway

California Court of Appeal · Jun 26, 2013

Lyle stated his recovery had been hampered because his immune system was weakened by the chemotherapy treatments he received to treat lymphoma. … Lyle‟s sequence of reasoned responses, regarding one topic, clearly suggests his thinking is organized and logical.

People v. Gragg

216 Cal. App. 3d 32 · California Court of Appeal · Nov 29, 1989

Solorzano testified at the trial under grant of derivative use immunity. … In this case the trial court clearly and expressly stated the hospital incident count of which Gragg was acquitted would play no part whatsoever in the sentencing choices.