Case law

People v. Peete

54 Cal. App. 333 · California Court of Appeal · Sep 26, 1921

with other facts, it may tend to establish guilt. … This it did so clearly and completely that the jury must have understood what state of facts would constitute each of those offenses.

Golden Eagle Insurance v. Rocky Cola Café, Inc.

114 Cal. Rptr. 2d 16 · California Court of Appeal · Oct 31, 2001

The court continued: “The defamation here was clearly employment-related. … “While it may be literally true that the remarks ‘related’ to Cade’s employment, that relationship was too indirect and attenuated to qualify under the exclusion.”

Shapell Industries, Inc. v. Superior Court

34 Cal. Rptr. 3d 149 · California Court of Appeal · Sep 19, 2005

named plaintiffs can no longer suitably represent the class, it should at least afford plaintiffs the opportunity to amend their complaint, to redefine the class, or to add new individual plaintiffs, or both, in order to establish … The affidavit or declaration must clearly state whether consideration, direct or indirect, is being given for the dismissal and must describe the consideration in detail.”

People v. Salcido

246 Cal. App. 2d 450 · California Court of Appeal · Nov 14, 1966

This testimony, however, if believed by the jury, established the fact that Cruz shot herself. … Thus, respondent contends, the continuity of any ‘ stream of consciousness ’ ’ had been clearly broken.

Silbert v. Seton

105 Cal. App. 3d 691 · California Court of Appeal · May 13, 1980

In that action, it was established that the purchaser was in fact solely owned by the broker and his wife. … We think that the statutory scheme indicates clearly a legislative intent to include as persons entitled to receive commissions in probate sales only those who qualify as bona fide agents or brokers.” ( Batson, supra, 68

Redding Medical Center v. Bonta'

75 Cal. App. 4th 478 · California Court of Appeal · Sep 3, 1999

“Reasonable cost of any services must be determined in accordance with regulations establishing the method or methods to be used, and the items to be included. … It is whether, as Redding contends, “PRM-H, section 2411 clearly requires the . . . expenses in question to be accumulated and allocated as indirect capital-related costs.” The answer is clearly no.

Lykes Bros. Steamship Co. v. State Board of Equalization

23 Cal. App. 4th 1421 · California Court of Appeal · Mar 30, 1994

Lykes endeavors to distinguish the instant case from Delta Air Lines on the grounds that here there were instructions from the Board regarding the implementation of regulation 1621(d)(1) and “[t]hose instructions clearly … From the fact that certain communications issued by the Board stated that fuel-usage figures “must be actual amounts or estimates,” it does not follow that estimates were sufficient to establish the amount of tax due in the

Lopez v. Dayton CA1/1

California Court of Appeal · May 23, 2024

It did not reach defendants’ immunity argument. Lopez appealed. III. DISCUSSION A. … Again, case law clearly establishes that transporting a patient via ambulance constitutes the “rendering of professional services.”

Chalmers v. Raras

200 Cal. App. 2d 682 · California Court of Appeal · Feb 26, 1962

Appellants first contend that the evidence conclusively establishes that they were bona fide purchasers for value, without notice, either actual or constructive, of the Raras ’ prior contract with the Chalmers; that they … Our review of the record discloses testimony by qualified witnesses more than sufficient to support the finding that $12,500 was an adequate consideration for the property.

Serra Canyon Co. v. California Coastal Commission

16 Cal. Rptr. 3d 110 · California Court of Appeal · Jun 15, 2004

Failure to do so renders the administrative action immune from collateral attack.” (Id. at p. 660.) … (Id. at p. 524.) *670 “Quite clearly, a property owner seeking to recover on an inverse condemnation claim against the Commission in a case such as this must first establish the invalidity of the condition the Commission

Neil v. City of Glendale

106 Cal. App. 553 · California Court of Appeal · Jun 19, 1930

existence of this agreement, said second parties agree to replace said trees with other trees. ’ ’ The rules of law concerning the fundamental requirements of a common-law dedication of private property to public use are well established … We qualify the proposition by the latter words, because it is held by authority and upon reason that it requires stronger proof of dedication in the cases of roads in the country than that of streets or lanes in a town or

Coachella Valley Water Dist. v. Super. Ct.

California Court of Appeal · Mar 9, 2021

Importantly, if the agency does nothing, and no interested person brings a reverse validation action within 60 days, the action is deemed valid and “become[s] immune from attack.” … The tax at issue here is clearly such an “assessment.”

Bondgraham v. Superior Court

California Court of Appeal · Sep 25, 2023

The trial court’s order makes no mention of this limitation, and Oakland offers no argument that the various challenged redactions qualify under it. … But as just discussed, subdivision (b)(5) refers to “information,” and thus clearly permits redaction.

United States Rubber Co. v. Union Bank & Trust Co.

194 Cal. App. 2d 703 · California Court of Appeal · Aug 14, 1961

We are convinced that it is firmly established as the law that the payee of a check unaccepted, as was the case here, cannot maintain an action upon it against the bank on which it is drawn. … indicates by appropriate words his intention to be bound in some other capacity. ’ ’ Section 3146: “Every person negotiating an instrument by delivery or by a qualified indorsement, warrants— “(1) That the instrument is

Mike Moore's 24-Hour Towing v. City of San Diego

45 Cal. App. 4th 1294 · California Court of Appeal · Apr 29, 1996

Durkee (1956) 144 Cal.App.2d 377, 382 [ 301 P.2d 97 ], a challenge to an award of a public contract, the court observed, “Clearly, the call for bids and the law confers on the director [of public works] the duty of exercising … The lowest qualified bidder has no legal right to compel the acceptance of his bid. [Citations.]”

Guardianship of Sturges

30 Cal. App. 2d 477 · California Court of Appeal · Jan 24, 1939

W. 1085 , as follows: “ ‘Incapacity’, as the term is used without qualifying words, denotes ‘inefficiency’, ‘incompetency’, ‘lack of adequate power’, etc. Webster. 22 Cyc. 40.” … That this was a suitable home for the ward is clearly established by all of the evidence in the case. Mr. Conrad is an honest, industrious man of good habits and morals.

McAuliffe v. Kane

54 Cal. App. 2d 288 · California Court of Appeal · Sep 2, 1942

Bach such township shall have one justice of the peace, who shall be elected in the manner provided by general law for a term of four years and shall hold office until his successor is elected and qualified. … XI) clearly implies that there must be a law in force fixing the compensation of every county and township officer at the date of his election, and it imperatively forbids any increase of that compensation by. a law subsequently

Gourley v. City of Napa

48 Cal. App. 3d 156 · California Court of Appeal · Mar 18, 1975

The city has established an educational and training pay incentive program for police and fire department personnel by a resolution of the city council. … This phrase clearly indicates that the time for retirement for disability reasons is not a matter which the employee controls.

University of Southern California v. Superior Court

222 Cal. App. 3d 1028 · California Court of Appeal · Aug 10, 1990

The responsibility of the defendant is to “clearly set forth, through the introduction of admissible evidence, the reason for the plaintiff’s rejection.” (Id. at p. 255 [ 67 L.Ed.2d at p. 216 ], fn. omitted.) … These declarations established that Dr.

Aetna Life & Casualty Co. v. City of Los Angeles

170 Cal. App. 3d 865 · California Court of Appeal · Jul 31, 1985

Clearly, by defendants’ own design standards the construction of these power lines carried some risk of arcing in strong winds. … Modell (1960) 177 Cal.App.2d 321 [ 2 Cal.Rptr. 245 ], The only type of evidence which can be used to establish value in eminent domain cases is the opinion of qualified experts and the property owners. (Evid.