Case law

Marsh v. Anesthesia Services Medical Group, Inc.

200 Cal. App. 4th 480 · California Court of Appeal · Oct 6, 2011

such an arrangement was “undertaken for anti-competitive purposes,” and moreover, the defendant hospital was not “ ‘in competition’ ” with the plaintiffs (other qualified surgeons). … At the hearing, the superior court discussed all the claims in detail, observing at one point that there might be a qualified privilege applicable under Civil Code section 47.

Goglin v. BMW of North America, LLC

4 Cal. App. 5th 462 · California Court of Appeal · Oct 21, 2016

Superior Court (2016) 245 Cal.App.4th 256, 260.) 5  Although BMW North America's person most qualified appeared for the deposition, BMW North America did not produce the … Goglin agreed to return the vehicle in good condition, without any 8 "If the buyer establishes that the failure to comply [with an obligation under the Song-Beverly Act] was willful, the judgment may include, in addition

Dynastion Energy v. Yung CA2/4

California Court of Appeal · Apr 11, 2022

Conspiracy and the Agent’s Immunity Rule. … Section 1714.10 and the Agent’s Immunity Rule. Civil Code section 1714.10 is co-extensive with the agent’s immunity rule.

Provence v. Newsom CA3

California Court of Appeal · Jun 12, 2023

If the mere presence of a cause of action could satisfy the “material questions” mootness exception, nearly every moot cause of action would qualify for this exception. … Plaintiffs argue defendants forfeited this statutory immunity argument on appeal by failing to raise it in the trial court.

People v. Gari

199 Cal. App. 4th 510 · California Court of Appeal · Sep 12, 2011

These facts, therefore, do not qualify as newly discovered facts unknown to defendant at the time he pleaded guilty, which would support error coram nobis relief. … established standards.”

Horwitz v. City of Los Angeles

22 Cal. Rptr. 3d 295 · California Court of Appeal · Dec 15, 2004

This section establishes the mathematical computation to be used in determining the prevailing front yard setback. … Code is entitled to respect unless that interpretation is clearly erroneous—and the same is true with regard to our review of the trial court’s decision.

Koskiniemi v. Jennings CA5

California Court of Appeal · May 23, 2025

(a), (b) [immunizing qualified patients and designated caregivers from prosecution for enumerated offenses and specifying that “this 31. … Based on the allegations encompassed in the FAC, it appears the MMPA, which immunized collectives and cooperatives that provided or sold marijuana at cost to qualified patients, was therefore either not applicable to the

San Diegans for Open Government v. San Diego State

California Court of Appeal · May 3, 2017

It is important to note the anti-SLAPP statute does not immunize or insulate Defendants from any liability for claims arising from protected activity. … Reporting the news and creating a television show both qualify as an exercise of free speech. (Hunter, supra, 221 Cal.App.4th at p. 1521.)

People v. Castro

105 Cal. Rptr. 2d 365 · California Court of Appeal · Jul 11, 2001

The absence of counsel has also qualified as legal necessity for granting a mistrial. [Citation.] In [ People v. … The jurors in this case were so qualified as of September 1, 1998.

People v. Lamoureux

California Court of Appeal · Nov 19, 2019

Senate Bill 1437 also established a procedure permitting certain qualifying persons who were previously convicted of felony murder or murder under the natural and probable consequences doctrine to petition the courts that … (Chavez, supra, 114 Cal.App.4th at p. 1000 ["A] final judgment is not immune from the Legislature's power to adjust prison sentences for a legitimate public purpose."]; People v.

City of Palo Alto v. Service Employees International Union

91 Cal. Rptr. 2d 500 · California Court of Appeal · Dec 29, 1999

It has clearly been demonstrated that what may not be understood as threats between two employees at the work site, may well be perceived as real and alarming by those who are outside that environment.” … “Absent a clear expression of illegality or public policy undermining this strong presumption in favor of private arbitration, an arbitral award should ordinarily stand immune from judicial scrutiny.” (Moncharsh v.

Sarun v. Dignity Health CA2/7

232 Cal. App. 4th 1159 · California Court of Appeal · Dec 15, 2014

However, uninsured patients may be able to qualify for government programs or financial assistance. … To satisfy Proposition 64 a plaintiff “must now establish a loss or deprivation of money or property sufficient to qualify as injury in fact, i.e., economic injury, and (2) show that that economic injury was the result of

Wilson v. Cook

197 Cal. App. 3d 344 · California Court of Appeal · Dec 29, 1987

Respondents also sponsor midweek evening barbecues at the lake where qualified persons can use respondents’ sailboards at no charge. … “Statutes must be upheld unless their unconstitutionality clearly, positively and unmistakably appears. [Citations.] . . .

Johns-Manville Sales Corp. Private Carriage v. Workers' Compensation Appeals Board

96 Cal. App. 3d 923 · California Court of Appeal · Sep 14, 1979

Under general state law willful misconduct has a well-established meaning which is clearly differentiated from negligence and gross negligence. (Donnelly v. … Even if we assume that failure to remedy a known slippery walking surface can qualify as serious and willful misconduct, a claimant must establish that such failure was the proximate cause of her injury. (2 Hanna, op. cit

Kizer v. Sulnick

202 Cal. App. 3d 431 · California Court of Appeal · Jun 23, 1988

The health study sought by the subpoena in the present case is clearly material and relevant to the department’s investigation of the Casmalia Facility. Dr. … In the present case, the record before us establishes that 89 of the participants in the study are also plaintiffs in the suit against the facility.

People v. Chester

142 Cal. App. 2d 567 · California Court of Appeal · Jun 26, 1956

He was told by his employer to return to the rear of the establishment. … It was there concluded that the jury could not have been misled where the other given instructions sufficiently qualified it.

In Re AA

7 Cal. Rptr. 3d 755 · California Court of Appeal · Dec 22, 2003

(1) respondent does not qualify for presumed father status, and (2) the appellant who was designated a de facto parent does qualify as a presumed father. … Subdivision (c) clearly states that a section 7611 presumption is rebutted by a judgment; the judgment acts to preclude the issue of paternity from being redetermined.

Lopez v. Baca

120 Cal. Rptr. 2d 281 · California Court of Appeal · Jun 5, 2002

It clearly would have been the better and safer practice for appellant to have included a specific section in his opening brief labeled “Erroneous Evidentiary Rulings.” … These reports, he urged, would clearly document violent criminal activity at Baca’s nightclub.

Woodworth v. Redwood Empire Savings & Loan Ass'n

22 Cal. App. 3d 347 · California Court of Appeal · Dec 23, 1971

Nor is there any evidence that Woodworth intended to qualify the language in any manner. … Clearly, Woodworth’s over-all conduct met all of the traditional elements of estoppel. Finally, citing Jones v.

Valdovinos v. Kia Motors America, Inc.

California Court of Appeal · Sep 23, 2024

Kia Motors America, Inc. (2011) 193 Cal.App.4th 187, 194), and even if the “cause of the purported defect” is not “establish[ed]” (Mikhaeilpoor v. … Immunizing such manufacturers from liability for the Act’s civil penalty makes sense because “[t]hose who proceed on a reasonable, good faith belief that they have conformed their conduct to the law’s requirements do not