Case law

Beekly v. Bank of America National Trust & Savings Ass'n

27 Cal. App. 2d 706 · California Court of Appeal · Jul 22, 1938

The decision of such a question of law should be made upon the well-established rules of pleading. … The order had in it what was clearly a typographical error. This was corrected by the trial judge on his own motion.

de la Cuesta v. Benham

193 Cal. App. 4th 1287 · California Court of Appeal · Mar 29, 2011

Superior Court, supra, 156 Cal.App.3d 52 really was a “mixed result” case: There, a tenant wanted his market to stay in a certain location for another three years based on an option to renew his lease, and sued to establish … The trial court determined that the victim company was the “prevailing party” despite an argument that it had not achieved “sufficient success” to qualify: Four of the victim company’s theories of liability were rejected,

County of Ventura v. Public Employment Relations Bd.

California Court of Appeal · Nov 21, 2019

The application clarifies that managing organizations “need not have an ownership interest in the provider in order to qualify.” … We defer to PERB’s legal determinations unless they are “‘clearly erroneous.’” (Boling, supra, 5 Cal.5th at p. 912.) We review PERB’s factual findings for substantial evidence. (Ibid.; § 3509.5, subd. (b).)

People v. Pizarro

3 Cal. Rptr. 3d 21 · California Court of Appeal · Jul 14, 2003

In Venegas , the Attorney General argued that “the procedures for determining *605 the statistical significance of a match are immune from the requirements of Kelly/Frye” because the procedure “requires no more than well-established … How different must a procedure be to qualify as distinct?

Scripps Clinic & Research Found. v. County of San Diego

53 Cal. App. 4th 402 · California Court of Appeal · Mar 10, 1997

The court rejected the contention that these agreements with commercial establishments disqualified the property from the exemption under section 214, subdivision (a)(4). … This substantial disparity between the amount Johnson paid to Scripps and the amount Johnson received in sales shows Johnson was not even close to recovering the funding it gave Scripps and that Johnson clearly assumed a

Osunde v. Cal. State Teachers' Retirement System CA3

California Court of Appeal · Jan 28, 2026

Osunde also mentions “qualifying immunity” and cites “Pearson v. Callahan, (citation omitted),” albeit with no discussion. Presumably he refers to Pearson v. … Callahan (2009) 555 U.S. 223, in which the United States Supreme Court explained how district courts should evaluate claims of qualified immunity.

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.

Darnold v. Voges

143 Cal. App. 2d 230 · California Court of Appeal · Jul 18, 1956

Furthermore, the duty of appellants to control the movements of Svensk is clearly established. He was their special guest. … He gave no indication that he was there in any other capacity while the fact that appellants sent him into the barn to take the pictures was clearly established.

Santa Catalina Island Conservancy v. County of Los Angeles

126 Cal. App. 3d 221 · California Court of Appeal · Nov 30, 1981

to the established law of this state. … Second, the hunting program is clearly incidental to a primary charitable purpose of the Conservancy and thus not within the provisions of subdivision (5).

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.

In Re Mariah T.

71 Cal. Rptr. 3d 542 · California Court of Appeal · Jan 28, 2008

The amendment added language obligating parents to exercise reasonable care, supervision, protection, and control over their children and established a publicly funded parental diversion program. … There is a strong presumption in favor of upholding a statute unless its unconstitutionality "`"clearly, positively, and unmistakably appears."'" ( Williams, supra, 5 Cal.4th at p. 568 , 20 Cal.Rptr.2d 341 , 853 P.2d 507

Pearson v. Norton

230 Cal. App. 2d 1 · California Court of Appeal · Sep 24, 1964

Where disputed questions of fact are presented to the fact-finding entity and are passed upon, unless clearly erroneous, the findings of fact will not be disturbed by the reviewing court. … Foster, a licensed general contractor and qualified appraiser, who testified that he had inspected the newly constructed buildings; that the bathrooms therein were of cheap construction; that plywood, instead of plaster,

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

In Re Marriage of Nizenkoff

65 Cal. App. 3d 136 · California Court of Appeal · Dec 21, 1976

He contends that here, therefore, the wife’s benefits should have been treated as community property 4 and appropriately divided. 5 It is now well settled in this state that in order to qualify as a divisible community asset … We merely note that our Supreme Court indicated in Fithian, at page 598, that Wissner did not establish a general rule that federal employment benefits cannot be treated as community property, but merely requires us to examine

People v. Overly

171 Cal. App. 3d 203 · California Court of Appeal · Aug 16, 1985

Testimony by mental health experts is often the only way to establish whether such dangerousness exists. (People v. Bennett, supra, at p. 497 .) … Appellant contends that, because Doctor Dennis was “the most qualified witness” and had seen no recent evidence of assaultive behavior, his opinion was entitled to greatest weight. Not so.

People v. Kosoff

34 Cal. App. 3d 920 · California Court of Appeal · Oct 29, 1973

The mailing of the package at first class rates did not, however (aside from the asserted effect of the above quoted regulations), immunize it against customs inspection. … Sohnen, supra, 298 F.Supp. 51 , is clearly in point.

Pacific Telephone & Telegraph Co. v. Redevelopment Agency

75 Cal. App. 3d 957 · California Court of Appeal · Dec 15, 1977

“Therefore, if the relocating costs had been incurred as a result of an exercise of governmental power by the redevelopment agency (through an eminent domain proceeding or by a taking established as compensable in an inverse … The classification has been employed primarily in the tort field as a judicial technique for determining questions of common law governmental immunity.

Insurance Industry Initiative Campaign Committee v. Eu

203 Cal. App. 3d 961 · California Court of Appeal · Aug 12, 1988

Characterizing the objective of the initiative as “clearly that of reducing and controlling insurance rates,” petitioners assert that section 17 fails to advance that objective. … While that petition was pending, the Secretary of State on June 3 certified that the initiative had qualified for the November 8 ballot.

Ruiz v. Herman Weissker, Inc.

29 Cal. Rptr. 3d 641 · California Court of Appeal · Jun 9, 2005

(The evidence in the record does not clearly establish how the circuit became reenergized, but suggests several different possible causes.) … In the absence of persuasive authority to establish that HWI owed Ruiz an affirmative duty to undertake rescue measures, the Estate has not established that the court erred in holding that HWI’s failure to take such measures

People v. Wheeler CA3

California Court of Appeal · Feb 26, 2021

Later, the defendant moved for summary judgment on the remaining claim, which the trial court also granted, ruling that the officer had qualified immunity. (Ibid.) … If so, the officers had qualified immunity. (Wesley, supra, 779 F.3d at p. 427.)