Case law

Pacific Gas & Electric Co. v. Superior Court

California Court of Appeal · Jul 26, 2018

At page 5 of the slip opinion, in the first full paragraph beginning with “At the hearing on the motion for summary adjudication,” add the word “clearly” so the first sentence reads as follows: … The trial court explained, “PG&E was aware of the risk and the need for those inspecting or removing trees to be qualified. Its contracts required ACRT and Trees[, Inc.] to use qualified personnel.

People v. Plesniarski

22 Cal. App. 3d 108 · California Court of Appeal · Dec 17, 1971

These are definitions long established by federal authorities, only a few of which we have cited, in determining the meaning of “color of law” which is the same as “color of authority” and which have never given any difficulty … The evidence clearly showed grounds for “assuming the possibility that an offense has been committed and the accused is guilty of it.” (Bompensiero v . Superior Court (1955) 44 Cal.2d 178, 183 [ 281 P.2d 250 ].)

Metcalf v. Drew

75 Cal. App. 2d 711 · California Court of Appeal · Aug 8, 1946

as such trustee, and at the time of the commencement of the action was qualified and acting trustee in bankruptcy of the estate of said bankrupt corporation, the complaint alleged that plaintiff, since his appointment as … Under circumstances such as we have here, clearly showing as they do that the judgment was satisfied against the will of appellant Charlesworth, section 1049 of the Code of Civil Procedure cannot be invoked to impair or destroy

People v. Pinedo

California Court of Appeal · Jul 15, 2021

Registration requirements are consequences of qualifying criminal convictions. (People v. … conviction for possession of a firearm by a felon is not a qualifying offense under section 667.5, subdivision (b), as amended.

Minatta v. Crook

166 Cal. App. 2d 750 · California Court of Appeal · Jan 5, 1959

Crook, in which he revealed the names of six persons whom defendants proposed to call as witnesses necessary to establish their defense. … As recently stated by this court: “Change of venue on the ground of convenience lies essentially within the judicial discretion of the judge and his ruling will not be disturbed unless it clearly appears as a matter of law

Bernardi v. City Council of L.A.

54 Cal. App. 4th 426 · California Court of Appeal · Mar 19, 1997

However, the new ordinance also stated “[t]he limitations established in . . . this Ordinance are subject to applicable limitations previously established for the . . . … City and County of San Francisco (1977) 72 Cal.App.3d 164 [ 140 Cal.Rptr. 73 ], appellants contend even validating judgments are not immune from modification upon a showing of changed circumstances.

People v. Chatman

California Court of Appeal · Jan 31, 2022

“What we decided [in Page] is that one version of Vehicle Code section 10851—'taking or driving a vehicle without the owner’s consent’—established an offense qualifying as petty theft under the new . . . section 490.2 . . … Section 530.5(e) establishes both an offense that qualifies as petty theft under section 490.2 and offenses that do not.

Payne v. Ward

23 Cal. App. 492 · California Court of Appeal · Dec 16, 1913

the validity of the same, said list, duly executed by said commissioners, or a certified copy thereof, shall be prima facie evidence of the matters therein contained, and that said commissioners were duly appointed and qualified … But said section 14, in addition to foreclosure, does clearly contemplate a distinct action to determine the validity of the assessment.

Stodd v. Goldberger

73 Cal. App. 3d 827 · California Court of Appeal · Sep 30, 1977

So far as is alleged, the validity of these claims has not been established. … Next, plaintiff contends a trustee in bankruptcy qualifies as a “person appointed by the court.”

Los Angeles Unified School District v. Superior Court

228 Cal. App. 4th 222 · California Court of Appeal · Jul 23, 2014

Here, there can be no doubt that Superintendent Deasy qualifies as an expert in his field, with extensive experience in teaching and administration, dealing with schools and teachers. … Both the voters and their elected officials have established the general policy that this burden is well worth bearing in order to keep democracy vital.

Jacobs v. Freeman

104 Cal. App. 3d 177 · California Court of Appeal · Apr 2, 1980

established that the *185 board of directors never approved the subject escrow instructions; in fact, neither these instructions nor any information concerning the sale were ever submitted to the board. … The failure to disclose this qualifying fact constitutes sufficient evidence of actionable misrepresentation to go to the jury.

Bowman v. Bowman

171 Cal. App. 3d 148 · California Court of Appeal · Aug 13, 1985

The plans were established on July 1, 1955, and each provides benefits *152 to beneficiaries designated by the employee. … Benson did not qualify. The court stated “that upon a division of the community estate she could . . . have participated therein.

Brummund v. City of Oakland

111 Cal. App. 2d 114 · California Court of Appeal · May 16, 1952

When a member of the Department dies *117 at such time as to qualify under both provisions of this subdivision, the person or representatives entitled to receive the payment or refund herein provided shall elect whether the … A pensioned member, as has been held, is as much entitled to increased benefits of the pension system as is any other member, unless the legislative body clearly indicates that such application is contrary to its intention

People v. E.B.

California Court of Appeal · Jun 24, 2020

If the petitioner establishes either of the necessary factual predicates, the trial court is required to grant the requested relief. [Citations.]” (People v. Hawley (1991) 228 Cal.App.3d 247, 249-250, fn. omitted.) … Analysis Appellant contends that the trial court erred in concluding that he did not qualify for sealing of his arrest records under section 851.91.

People v. Kelly

189 Cal. App. 4th 73 · California Court of Appeal · Oct 12, 2010

Therefore, treating the trade association “as a direct victim is consistent with the language of the statute [(§ 1202.4)] and the clearly expressed public policy of this state,” because, if the companies which are members … Colon, supra, 798 N.Y.S.2d at p. 865.) *79 Florida adopted Awawdeh’s and Colon’s reasoning: “[T]he RIAA does not qualify as a ‘victim,’ which may be the subject of a restitution order under our statutes. [Citation.]

Smith v. Smith

31 Cal. App. 2d 272 · California Court of Appeal · Feb 28, 1939

July 1, 1937, the court adopted findings determining that neither spouse was qualified or fit to assume the custody of the child. … Rodda and Jack Menz testified to facts clearly indicating that the con *275 duct and influence of the plaintiff would be most harmful to the child.

Weimer v. Nationstar Mortgage, LLC

California Court of Appeal · Apr 2, 2020

[W]e decline to establish a new type of actionable deceit: the negligent false promise”].) … Plaintiff could have qualified for.

People v. Sacco

California Court of Appeal · Jun 22, 2026

Harlow (2025) 113 Cal.App.5th 485 (Harlow), which stated: “[A] qualifying diagnosis creates a presumption that the defendant’s mental condition contributed to his criminal behavior. … The court acknowledged that Sacco had been diagnosed with a mental disorder, stating, “there’s clearly a diagnosis contained in Dr.

Lucent Technologies, Inc. v. Board of Equalization

241 Cal. App. 4th 19 · California Court of Appeal · Oct 8, 2015

Third, even if the contracts qualify as technology transfer agreements, AT&T/Lucent did not sufficiently establish the cost of developing the software, and thus the entire transaction should be taxable. … Nothing in sections 6011 or 6012 requires any greater granularity of proof than was established here.

Gardner v. Board of Park Directors

35 Cal. App. 597 · California Court of Appeal · Dec 14, 1917

It appears to us plain that these boards appointed by the mayor, subject to confirmation by the council, are intended by the charter to consist of persons particularly qualified to render services of a special character and … The board shall establish rules' and regulations for the conduct of its officers and employees and may require adequate bonds from all or any of them, except laborers, for the faithful performance of their duties in such