Case law

MSY Trading Inc. v. Saleen Automotive, Inc.

California Court of Appeal · Jun 26, 2020

court held that “[i]ts purposes require [Civil Code] section 1717 be interpreted to further provide a reciprocal remedy for a nonsignatory defendant, sued on a contract as if he were a party to it, when a plaintiff would clearly … That way Code of Civil Procedure section 685.040 would ensure the holder of the note can obtain fees, but, in the event the alter ego claim fails, be immune from the alleged alter ego’s claim for fees.

Vieira Enterprises, Inc. v. City of East Palo Alto

208 Cal. App. 4th 584 · California Court of Appeal · Aug 15, 2012

1033 [ 103 Cal.Rptr.2d 711 , 16 P.3d 130 ].) “ ‘Only a substantial infringement of state law prompted by personal or group animus, or a deliberate flouting of the law that trammels significant personal or property rights, qualifies … [I]t should not “be presumed that the Legislature in the enactment of statutes intends to overthrow long-established principles of law unless such intention is made clearly to appear either by express declaration or by necessary

People v. NOORI

39 Cal. Rptr. 3d 153 · California Court of Appeal · Feb 14, 2006

Section 1800 expresses the Legislature’s intent, which is “to protect the people of this state from being victimized by unscrupulous practices by persons receiving money for transmission to foreign countries and to establish … If a person accused of crime could shield himself behind the defense that he was ignorant of the law which he violated, immunity from punishment would in most cases result.

People v. McNaught

31 Cal. App. 3d 599 · California Court of Appeal · Apr 12, 1973

Short-Doyle funding for a center which the county chooses to establish is provided by section 5174. 9 No statute penalizes a county for not establishing or maintaining a center. … This clearly permits counties to legislate in the area in a manner “not in conflict with general laws.” (Cal. Const., art. XI, § 7; see Watson v.

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.”

National Steel Products Co. v. Superior Court

164 Cal. App. 3d 476 · California Court of Appeal · Feb 6, 1985

Further, under the governmental interest analysis ‘“[w]hen one of two states related to a case has a legitimate interest in the application of its law and policy and the other has none, there is no real problem; clearly the … In contrast, we hold that a report which would qualify the author as an expert witness is one containing findings and opinions of the expert that go to the establishment or denial of a principal fact in issue.

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

People v. Price

8 Cal. App. 5th 409 · California Court of Appeal · Feb 9, 2017

Fells testified with immunity against Price at Price’s trial. … The court found the prosecutor had “clearly urged that the existence of legal and professional repercussions served to ensure the credibility of the officers’ testimony” and that this was “vouching based on matters outside

People v. Deibert

117 Cal. App. 2d 410 · California Court of Appeal · Apr 23, 1953

penal statutes gives assurance that they are understood by men of ordinary intelligence. “ To comply with the constitutional requirement of due process of law, the crime for which a defendant is being prosecuted must be clearly … “Duly qualified experts may give their opinions on questions in controversy at a trial.

Molar v. Gates

98 Cal. App. 3d 1 · California Court of Appeal · Oct 23, 1979

Sail’er Inn thus clearly established the principle that gender-based differentials are to be treated as “suspect classifications” which must be subjected to intense judicial scrutiny to determine if they violate the right … “(b) A citizen or class of citizens may not be granted privileges or immunities not granted on the same terms to all citizens. Privileges or immunities granted by the Legislature may be altered or revoked.”

Jones v. Jacobson

195 Cal. App. 4th 1 · California Court of Appeal · May 5, 2011

Governing Law Clearly, none of the SG appellants is a “signatory” to the account agreement containing the arbitration provision. … Moving to the heart of this appeal, the SG appellants argue they qualify as parties to the account agreement because the Joneses’ amended complaint establishes that Debreu and Auvray were “central to the misrepresentations

Barber Group, Inc. v. New Motor Vehicle Bd.

California Court of Appeal · Jul 24, 2023

for the manufacturer’s vehicles “in the market area, which shall include the adequacy of motor vehicle sales and service 6 facilities, equipment, supply of vehicle parts, and qualified … This understanding of the scope of dealer protests at the time the Legislature was considering adding section 3065.3 is consistent with the 2013 legislative history (a termination is clearly an action “against” a dealer)

Yamada Bros. v. Agricultural Labor Relations Board

99 Cal. App. 3d 112 · California Court of Appeal · Nov 28, 1979

Clearly section 1155.2 does. … Such a qualified “affirmation” does not fulfill the requirements of Code of Civil Procedure section 2015.5 for a declaration made under penalty of perjury.

Millsap v. Federal Express Corp.

227 Cal. App. 3d 425 · California Court of Appeal · Jan 31, 1991

Nor is it relevant that the July 26 order, which clearly entered judgment in favor of FEC, failed to mention NCE. … ‘If control may be exercised only as to the result of the work and not the means by which it is accomplished, an independent contractor relationship is established.’ [Citations.]” (White v.

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

Rose v. Superior Court of Imperial Co.

80 Cal. App. 739 · California Court of Appeal · Jan 21, 1927

It being conceded and established by a long line of decisions that the writ of prohibition is the proper remedy where the accusation does not state facts sufficient to constitute a cause for removal or confer upon the Superior … were included by mistake without suggestion of a wilful attempt to overcharge, and in the other case $12 was collected as the actual expense of a trip to take possession of a gambling machine, and that for some reason not clearly

Estate of Spirtos

34 Cal. App. 3d 479 · California Court of Appeal · Oct 4, 1973

On August 24, 1966, an order appointing her as special administratrix was issued and the qualifying bond was set at $65,000. … Perhaps it was the opinion that the property sold would not qualify within that section. We do not determine that issue.

Ferlauto v. Hamsher

88 Cal. Rptr. 2d 843 · California Court of Appeal · Sep 20, 1999

George (1989) 208 Cal.App.3d 1394, 1398 [ 256 Cal.Rptr. 742 ] [record fails to establish understanding waiver of First Amendment rights by a consent judgment].) … .4th 1, 7-8, 14-15 [ 20 Cal.Rptr.2d 890 ] [statements that an attorney used “ ‘sleazy tactic[s]’ ” and engaged in a “ ‘ “fishing expedition,” ’ ” and supposition that the judge had a “ ‘dim view of the defense tactics’ ” qualify

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

Friends of Lagoon Valley v. City of Vacaville

65 Cal. Rptr. 3d 251 · California Court of Appeal · Aug 28, 2007

The plain language of Section 65915, subdivision (n) also supports our interpretation because it clearly states that Section 65915 may not be construed to prohibit a local government from granting a larger density bonus than … Such speculation does not establish an abuse of discretion.