Case law

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.

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.

Valdovinos v. Kia Motors America, Inc.

California Court of Appeal · Aug 29, 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

In Re Sabrina H.

217 Cal. App. 3d 702 · California Court of Appeal · Jan 3, 1990

Section 7004 lists the several ways in which a man may qualify as a "presumed father." Most of the listed conditions refer to actual or attempted marriage. … Bright has never sought custody of Sabrina nor has he ever filed an action to establish paternity under section 7006(c).

Setrakian v. Besoyan

140 Cal. App. 2d 926 · California Court of Appeal · Apr 19, 1956

His sons, Souren Setrakian and Kourken Setrakian, qualified as executors on that date and since their qualification have managed the affairs of the estate. The will provides that the testator’s daughters, Hasmick S. … While this may have been the only way of making such determination under the circumstances of that case, it is clearly not the only way in all so-called ‘close corporations. ’ In the instant case there is no evidence that

American Express Centurion Bank v. Zara

199 Cal. App. 4th 383 · California Court of Appeal · Sep 20, 2011

“[C]ompliance with the statutory procedures for service of process is essential to establish personal jurisdiction. [Citation.] … Clearly this is not what the Supreme Court had in mind when it held the revised service of process law should be liberally construed.

Senior Disability Action v. Weber

California Court of Appeal · Mar 23, 2021

Such a conclusion disregards the express discretionary designations established in Section 20506(a)(3)(B) and would render them meaningless. … As noted, the statute’s purpose was to establish procedures to increase the number of eligible citizens who register to vote. (52 U.S.C. § 20501(b).)

Sonoma County Employees' Retirement Ass'n v. Superior Court

198 Cal. App. 4th 986 · California Court of Appeal · Aug 26, 2011

On this view, had the Legislature intended to make all information pertaining to a member confidential it would have used the phrase “records of members” without using the qualifier “individual.” … The legislative history establishes that CERL retirement systems were not authorized to establish and independently administer their own trust fund accounts for the payment of retirement benefits until 1995.

O'Neil v. Michelle D.

235 Cal. App. 3d 718 · California Court of Appeal · Oct 25, 1991

. [<][] The minor is clearly thriving after a life fraught with deprivation and terror. That she has survived to become such a poised, articulate and lovely young person is remarkable. … To insert such a requirement without foundation in either statute or precedent would not only violate long-established general principles of statutory construction, but also circumvent the specific *723 legislative mandate

Segovia v. Superior Court

55 Cal. App. 3d 464 · California Court of Appeal · Feb 20, 1976

They stem from Farrell v. *469 County of Placer (1944) 23 Cal.2d 624 [ 145 P.2d 570 , 153 A.L.R. 323 ]; in which the court concluded: “In the instant case the facts clearly establish that defendants should be estopped to … applicable to the cause of action, (2) the amount of damages sought in the action does not exceed the maximum amount of such insurance, or recovery in excess thereof is waived, and (3) the estate of the decedent otherwise qualifies

Cory v. Ward

106 Cal. App. 3d 631 · California Court of Appeal · May 23, 1980

Dorothy Buffum Chandler having declined to act as successor trustee, the Bank was qualified to assume that function and it continued to act in this capacity until the death of Thurlyne Waite. … A limited power of appointment is “a power...which does not qualify as a general power of appointment.” (§ 13693.)

International Federation of Professional & Tehnial Engineers v. City & County of San Francisco

79 Cal. App. 4th 1300 · California Court of Appeal · Apr 18, 2000

As the City puts it in its brief; “Because section 3507.1 clearly authorizes local procedures, and section 3507.3 just as clearly does not, the latter section must be read as precluding alternative local remedies.” … This qualifies as “a dispute on the appropriateness of a unit of representation for professional employees” within the meaning of section 3507.3.

Olden v. Hatchell

154 Cal. App. 3d 996 · California Court of Appeal · Apr 25, 1984

It is a well established rule that when a complaint sets forth a cause of action against a defendant designated by a fictitious name and his true name is thereafter discovered and substituted by amendment, he is considered … Madera (1971) 4 Cal.3d 685, 692 [ 94 Cal.Rptr. 421 , 484 P.2d 93 ] [“Unless the Legislature has clearly provided for [governmental] immunity, the important societal goal of compensating injured parties for damages caused

People v. Roy

203 Cal. App. 2d 613 · California Court of Appeal · May 16, 1962

McGill, 82 Cal.App. 98 [ 255 P. 261 ], Based upon the precedents established in those cases there can be no question that the testimony of prior offenses qualifies for admission in this case. … Secondly, in both of the cases the defendant was not clearly shown to have been the person who committed the previous offenses.

Los Angeles County Department of Children & Family Services v. Martin O.

178 Cal. App. 4th 139 · California Court of Appeal · Sep 9, 2009

A biological father is one whose paternity is established, but who does not qualify as a presumed father. (Ibid.] In re Kobe A. (2007) 146 Cal.App.4th 1113, 1120 [ 53 Cal.Rptr.3d 437 ].) … The former partner clearly met the standard for presumed parenthood under section 7611(d).

Nelsen v. Workmen's Compesation Appeals Board

11 Cal. App. 3d 472 · California Court of Appeal · Sep 22, 1970

defeated when the employee’s injuries are caused by the concurring negligence of the employer and that in such circumstances, whether the action is brought against him by the employer or the employee, the third party, upon establishing … In the absence of express terms to the contrary, these provisions must be deemed to be qualified by Civil Code section 3517 which provides that ‘No one can take advantage of his own wrong.’ ” (Witt v.

Bakman v. Superior Court

63 Cal. App. 3d 306 · California Court of Appeal · Nov 2, 1976

essential questions presented in this proceeding, therefore, are whether associational ties and relationships will be deterred by requiring petitioners to answer interrogatories 20(d) and 21, and if so, whether, the record establishes … While the disclosure of the names sought by the city will have a minimal deterring effect on the right of freedom of association, clearly, under the facts of the instant case this minimal effect is outweighed substantially

Jones-Mclaughlin, Inc. v. Kelly

100 Cal. App. 315 · California Court of Appeal · Aug 8, 1929

A qualified acceptance is a new proposal. (Civ. Code, sec. 1585.) … But, in the absence of language clearly indicating such arbitrary authority and where the mechanical operation of a machine is involved, there must be reasonable cause for rejecting it.

Fossum v. Fossum

192 Cal. App. 4th 336 · California Court of Appeal · Jan 28, 2011

However, once Edward realized he could qualify for the loan without Sandra, he removed her name from the loan application. Sandra voluntarily executed the third quitclaim deed. … At this point, the house was clearly community property.

People Ex Rel. McGroarty v. City of Angeles

9 Cal. App. 2d 431 · California Court of Appeal · Oct 10, 1935

contiguous cities may consolidate and proceedings may be initiated by the filing of a petition with the council of the city with the lesser population, such petition to be signed by “not less than one-fourth in number of the qualified … Cas. 1916E, 914], as follows: “It is an established rule of construction that where a legislative provision is accompanied with a penalty for failure to observe it, the provision is mandatory.”