Case law

In Re Marriage of Lewin

186 Cal. App. 3d 1482 · California Court of Appeal · Nov 12, 1986

and undesirable to change the child’s established mode of living.’ … Those considerations were here, however, clearly outweighed by the other factors cited by the court.

Western Union Telegraph Co. v. Superior Court

15 Cal. App. 679 · California Court of Appeal · Mar 23, 1911

Postoffices and post roads are established to facilitate the transmission of intelligence. … railroads, exercise the right of eminent domain, and transact any other business which it might do if it were created and organized under or by virtue of the laws of this state, and has the same rights, privileges, and immunities

Garcia v. Hyster Co.

28 Cal. App. 4th 724 · California Court of Appeal · Sep 23, 1994

During the course of the trial, intervener Travelers failed to qualify its expert with respect to the safety hazards of the Hyster order picker or as to the adequacy of any manuals or warnings that may have existed with respect … Section 1032, subdivision (a)(4) clearly evidences a legislative intent to award costs to a “prevailing party.”

Siry Investment v. Farkhondehpour

California Court of Appeal · Mar 23, 2020

On the one hand, litigants served with discovery requests encompassing fewer than every issue would be immune from terminating sanctions, and thus freer to ignore those requests—or orders compelling compliance with them—because … Time and again, our Supreme Court has refused to “‘presume that the Legislature intends, when it enacts a statute, to overthrow long-established principles of law unless such intention is clearly expressed or necessarily

Kain v. State Department of Health Services

109 Cal. Rptr. 2d 891 · California Court of Appeal · Aug 2, 2001

The NVICP was established by the National Childhood Vaccine Injury Act of 1986 (Vaccine Act), and is a no-fault system for compensating individuals who are injured by routine vaccinations. (42 U.S.C. §§ 300aa-11(c), 300aa … The NVICP offers a no-fault substitute for tort recovery against vaccine manufacturers who, if held liable in a civil case, clearly would qualify as “third parties.”

McDonald v. ANTELOPE VALLEY COLLEGE DIST.

61 Cal. Rptr. 3d 62 · California Court of Appeal · Jun 25, 2007

This occurred even though she was qualified to be a tenured professor under the 60 percent rule. … Rptr. 794 , 710 P.2d 861 ["[I]t should not be presumed that the legislative body intends to overthrow long-established principles of law unless such intention is made clearly to appear either by express declaration or by

Mcintyre v. Sonoma Valley Unified School District

206 Cal. App. 4th 170 · California Court of Appeal · May 1, 2012

If the district hires a *177 teacher as a temporary employee, the statement must clearly indicate the temporary nature of the employment and the length of the employment term. … The interpretation and applicability of statutes is clearly a question of law. (Sutco Construction Co. v. Modesto High School Dist. (1989) 208 Cal.App.3d 1220, 1228 [ 256 Cal.Rptr. 671 ].)

In Re Marriage of Mason

93 Cal. App. 3d 215 · California Court of Appeal · May 18, 1979

Such abuse does not appear in this case. (3) The wife now contends that the trust fund is clearly a community asset and should have been equally divided. … These were facts the wife needed to establish in order to establish a right to a portion of the disability payments. (See Evid. Code, § 500.)

Nansen v. City of South Pasadena CA2/2

California Court of Appeal · Jun 18, 2014

Respondents are also correct that appellants failed to establish a probability of prevailing because respondents’ liability for damages is subject to certain privileges and immunities. … Respondents’ conduct is also subject to a number of immunities.

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

Bottoms v. Superior Court

82 Cal. App. 764 · California Court of Appeal · May 6, 1927

Section 1244 of the Code of Civil Procedure, though, clearly settles that matter. … a different rule from that established by the section just named.

People v. Wilson

258 Cal. App. 2d 578 · California Court of Appeal · Feb 2, 1968

Certain other attacks are made upon the judgment, but we do not reach them because clearly prejudicial errors in the court’s instructions to the jury require a reversal. … Both predicted with certainty that appellant would continue his established pattern of using narcotics and other prohibited drugs and concluded that addiction was inevitable and imminent.

Department of Social Services v. Ernestine A.

13 Cal. App. 4th 125 · California Court of Appeal · May 21, 1992

Korpi was biased or that he was anything other than a disinterested and highly qualified expert seeking to evaluate the best interests of the minor. … However, the requirement that a party establish facts by “clear and convincing evidence” applies only in the trial court.

California State Employees' Ass'n v. State Personnel Board

178 Cal. App. 3d 372 · California Court of Appeal · Mar 4, 1986

‘The amount of savings must clearly justify the size and duration of the contracting agreement.!’] !§ 19130, subd. (a)(6).] … Law enforcement and emergency services will continue to be provided by qualified State Police Officers.”

People v. Johnson

California Court of Appeal · Jun 24, 2016

that "police reports are not part of the record of conviction" and urged the court not to consider the police report (or the probation report). 5 not exceed $950 (in order to qualify … construed and a subsequent statute on a similar subject uses identical or substantially similar language, the usual presumption is that the Legislature [or the voters] intended the same construction, unless a contrary intent clearly

People v. Johnson

California Court of Appeal · Jun 23, 2016

that "police reports are not part of the record of conviction" and urged the court not to consider the police report (or the probation report). 5 not exceed $950 (in order to qualify … construed and a subsequent statute on a similar subject uses identical or substantially similar language, the usual presumption is that the Legislature [or the voters] intended the same construction, unless a contrary intent clearly

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.

Jackson v. Gourley

130 Cal. Rptr. 2d 72 · California Court of Appeal · Jan 28, 2003

Thus, “[t]he director may assign qualified employees of the department to advise with the State Board of Education and with the governing boards of districts maintaining secondary schools in the preparation, establishment … Clearly, the Legislature is aware of the issue and is prepared to adopt measures to reduce the number of fatalities involving youthful drivers if and when it determines what action is appropriate.

In Re Marriage of Carnall

216 Cal. App. 3d 1010 · California Court of Appeal · Dec 19, 1989

The judgment awards Cheryl an allowance for which she does not qualify under the statute, either to the exclusion of a subsequent qualified spouse or in addition to a subsequent qualified spouse—to the detriment of claimant … It is our belief the procedure established by Civil Code section 4363.2 encourages the kind of problem that occurred here. We suggest the Legislature modify section 4363.2.

Wagner v. Chambers

232 Cal. App. 2d 14 · California Court of Appeal · Feb 2, 1965

That the right of way did not abut upon the land conveyed is clearly borne out by the governing tract map (4438), a sketch of which appears supra. … Such intent may be established by oral declarations (Whitlow v.