Case law

People v. Webb

143 Cal. App. 2d 402 · California Court of Appeal · Jul 26, 1956

This last inference is predicated on the wildest type of speculation and is clearly without merit. … Error is also charged in that the trial court instructed of its own accord that blood tests do not establish paternity, but *422 may establish that a particular man is not the father.

O. A. Graybeal Co. v. Cook

16 Cal. App. 2d 231 · California Court of Appeal · Aug 22, 1936

It is the established rule of law in this jurisdiction that a plaintiff waives a charge of abuse of discretion on the part of a trial judge in sustaining a demurrer to a complaint without leave to amend the pleading, where … It certainly is not improper for any citizen to use proper “influence, persuasion or goodwill” to procure the appointment to office of any qualified person.

Pistorius v. Prudential Insurance Co.

123 Cal. App. 3d 541 · California Court of Appeal · Sep 2, 1981

Howland again advised defendant that plaintiff could not drive a bus as a steady job, was not qualified by reason of education or experience to engage in any occupation, and was totally disabled. … However, Evidence Code section 1101, subdivision (b), clearly states that subdivision (a) is inapplicable to the admission of evi *557 dence that a person committed a crime, civil wrong, or other act when relevant to prove

Bush v. Bush

72 Cal. App. 2d 487 · California Court of Appeal · Jan 8, 1946

The baby was sickly from the time of his birth and the evidence clearly indicates that the appellant became dissatisfied with remaining in the home and caring for the baby. … While that is the general rule the qualifying clause in the statute “but other things being equal” necessarily leaves a large degree of discretion with the trial court. (Phillips v.

Young v. Department of Fish & Game

124 Cal. App. 3d 257 · California Court of Appeal · Oct 5, 1981

Clearly, the remedial effect of provisions should not be impaired by construction, .. (23 Cal.Jur. 801.) … These species are clearly wildlife and now also need protection.

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.

West Shield Investigations & Security Consultants v. Superior Court

98 Cal. Rptr. 2d 612 · California Court of Appeal · Aug 23, 2000

action cannot be established, or that there is a complete defense thereto. (§ 437c, subds. … Hence, a parent has no absolute immunity, and to obtain summary adjudication of a tort claim by a minor child must establish that the allegedly wrongful exercise of parental authority was within reasonable limits as a matter

People for Proper Planning v. City of Palm Springs

California Court of Appeal · May 20, 2016

The City’s argument to the contrary discounts minimum density standards on the ground that the General Plan qualifies that minimum number as “anticipated.” … Thus, arguably, the Amendment changes the diversity of residential densities established in General Plan.

Air Couriers International v. Employment Development Department

59 Cal. Rptr. 3d 37 · California Court of Appeal · Apr 12, 2007

All of these facts, established at trial, reveal the drivers’ deliveries were part of Sonic’s regular business. … As to whether the parties believed they were creating an employer-employee relationship, Sonic contends its Contract with the drivers clearly established the drivers were independent contractors.

Webster v. State Board of Control

197 Cal. App. 3d 29 · California Court of Appeal · Dec 18, 1987

weight and should be followed by a court unless clearly erroneous. … We therefore need not determine whether the Board improperly found that Webster did not qualify as a good Samaritan. C. Webster’s claim to past, present, and future losses of income and medical expenses.

Mitchell v. Sotelo CA3

California Court of Appeal · Oct 27, 2022

conference do not establish a “clear absence of all jurisdiction” over the default proceedings. … To the extent the order was inaccurate or exceeded the trial court’s oral ruling, this does not establish a “clear absence of all jurisdiction.” (Mullis, supra, 828 F.2d at p. 1389.)

Fox Searchlight Pictures, Inc. v. Paladino

106 Cal. Rptr. 2d 906 · California Court of Appeal · May 22, 2001

Fox Failed to Establish a Conflict Between Paladino and Her Own Attorneys. … Fox’s Prayer That Paladino Be Ordered to Turn Over Allegedly Confidential Material Does Not Immunize Its Suit from a Motion to Strike Under Section 425.16.

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.]

G.W. v. Coronado Unified School District CA4/1

California Court of Appeal · Sep 19, 2024

, and the qualified immunity doctrine; (2) requiring that students wear a mask consistent with public health orders does not violate constitutional rights; (3) there is no evidence any of defendants engaged in threats of … The court noted that G.W.’s conduct was “clearly disruptive of the orderly operation of the school[,]” and that the school took efforts to accommodate G.W. before resorting to suspension.

Barrett v. California Unemployment Insurance Appeals Board

190 Cal. App. 2d 854 · California Court of Appeal · Apr 6, 1961

Neither vacation benefits nor “in lieu” vacation benefits would quality as “regular wages”; only sick benefits would so qualify, and there were no sick-leave benefits in Gilliam . … State of California Dept. of Emp., 135 Cal.App.2d 291, 299 [ 287 P.2d 176 ]); furthermore, although questions of law are subject to judicial review, administrative interpretations of the act will be followed unless they are clearly

People v. Connor

270 Cal. App. 2d 630 · California Court of Appeal · Mar 13, 1969

He says, “They alluded to defendant’s confession of April 6, 1966, among other things, and told me that the evidence, including the confession, clearly made the case a death penalty case.” … Based upon the foregoing evidence, all available to the *638 police without the admissions of appellant, one could conclude they establish a first degree murder.

People v. Ivester

235 Cal. App. 3d 328 · California Court of Appeal · Oct 17, 1991

The evidence contained in the preliminary hearing transcript clearly established that methamphetamine was being manufactured in Ivester’s residence. … We conclude the record establishes the latter fact. Ivester did not qualify his response to the court saying that he was merely a landlord or a helpful tenant.

Henderson v. Henderson

128 Cal. App. 397 · California Court of Appeal · Dec 27, 1932

Appellant relies upon her own testimony almost without corroboration to establish a parol transmutation of the Lingard ranch from separate to community property. … When interrogated as to who made the payments on these pieces appellant testified she did, but when confronted with entries in the check-books of deceased she qualified her statements by saying that perhaps Henderson paid

Charter Township of Clinton Police & Fire Retirement System v. Martin

219 Cal. App. 4th 924 · California Court of Appeal · Sep 17, 2013

pay-for-performance policy, and that [Jacobs] performed well for 2010 when compared to its own self-selected peers in terms of revenue growth, net income growth, [return on equity], and [return on invested capital], when clearly … defendants may have knowingly withheld material information from the Company‘s shareholders,‖ then such allegations may be deemed to implicate a ―violation of the directors‘ duty of loyalty . . . , and this would not warrant immunity

Gregory v. Hecke

73 Cal. App. 268 · California Court of Appeal · Jun 19, 1925

The authorities are practically uniform to the effect that a court should not declare a statute unconstitutional unless it is clearly and palpably so and is incapable of reconciliation. (5 Cal. Jur. 612.) … that the law shall operate alike upon all persons, but that it shall affect all persons uniformly who stand in the same category or upon those who stand in the same relation with respect to the particular privileges and immunities