Case law

People v. Enriquez CA5

California Court of Appeal · Jan 30, 2015

CALCRIM No. 226 clearly instructed the jury it could consider promises of immunity or leniency in determining whether to believe testimony from a witness. … immunity agreement is permissible argument.

Waller v. Brooks

267 Cal. App. 2d 389 · California Court of Appeal · Nov 13, 1968

With these principles in mind, we reject at the. outset Broohs’ contention that the evidence established the existence of a confidential relationship. … “It is not always necessary to make a specific finding as to each of several material issues where the findings taken as a whole, or construed together, clearly show that they include the court’s conclusion upon all the material

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.

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.

PEOPLE EX REL. DEPT. PUB. WKS v. Bosio

47 Cal. App. 3d 495 · California Court of Appeal · Apr 25, 1975

The NEPA was found inapplicable by reason of respondent's good faith determination not to qualify the project for federal funds. … Rptr. 31 , 505 P.2d 223 ]: "This is not to say, of course, that regulations under the EQA will be immune from review once adopted by the commission.

Moreno v. Bassi

California Court of Appeal · Jun 30, 2021

section 1194, a provision that clearly would apply in any situation where there was a demand greater than $300. … Neither statute has qualifying language stating how conflicts with other statutes should be resolved.

Daluiso v. Boone

269 Cal. App. 2d 253 · California Court of Appeal · Jan 29, 1969

them; (6) That Boone’s claim that the Daluiso fences were not on their property, based on the Pump survey which was not binding upon Daluiso, was without merit; that the Pump survey was “not competent”; that Pump was “not qualified … It is true that this theory of the case was not specifically argued in the trial court, but it seems to be clearly within the scope of the pleadings and evidence.

Defries v. Yamaha Motor Corporation, U.S.A.

California Court of Appeal · Oct 26, 2022

To establish this claim, [name of plaintiff] must prove all of the following: “1. … Until now, no one has ever thought that Vandermark was a nondelegable duty case, and it clearly is not.

City of Oxnard v. Starr

California Court of Appeal · Jan 19, 2023

Government Code section 36813 establishes no specific rules for the conduct of City council proceedings. Instead, it leaves it to each municipality to establish its own rules. … Measure N is clearly administrative in nature. Starr argues that Measure N says nothing about how the City must spend Measure O tax receipts.

Favila v. Katten Muchin Rosenman LLP

188 Cal. App. 4th 189 · California Court of Appeal · Sep 22, 2010

It must appear clearly and affirmatively that, upon the face of the complaint [and matters of which the court may properly take judicial notice], the right of action is necessarily barred. [Citations.] … Even if we were to take judicial notice of that letter, it does not appear clearly and affirmatively from the allegations in the complaint and the letter that the Estate’s derivative claims are time-barred.

People v. Green

50 Cal. App. 4th 1076 · California Court of Appeal · Nov 13, 1996

Johnson (1980) 26 Cal.3d 557, 575-577 [ 162 Cal.Rptr. 431 , 606 P.2d 738 , 16 A.L.R.4th 1255 ]), the evidence established that on July 20, 1994, at approximately 10:45 p.m., Linda O. left her office in Burbank and drove into … Serious or violent felony convictions suffered prior to the effective date of section 667, subdivisions (b) through (i), properly qualify as strikes.

People v. Garcia

138 Cal. App. 3d 976 · California Court of Appeal · Jan 6, 1983

[t] The instant case clearly differs from the foregoing decisions in a number of important respects. … He was granted immunity from prosecution in four burglaries, including the burglary which was the basis of the petition against Miguel L.

Bigboy v. County of San Diego

154 Cal. App. 3d 397 · California Court of Appeal · Apr 11, 1984

Hasencamp (1980) 107 Cal.App.3d 935, 938 [ 166 Cal.Rptr. 118 ], liability was established and the new trial order affirmed. … The jury’s decision is not to be based on sympathy; yet the jury cannot immunize itself from compassion.

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.

Rutenburg v. Twitter CA1/1

California Court of Appeal · Jun 2, 2023

This test prevents plaintiffs from avoiding the broad immunity of section 230 through the ‘ “ ‘creative’ pleading” of barred claims’ or using ‘litigation strategy . . . to accomplish indirectly what Congress has clearly forbidden … statutory language of that immunity.”

Newberry v. Evans

76 Cal. App. 492 · California Court of Appeal · Feb 10, 1926

Mills by name) proceeded with the work of laying out and establishing the line or lines along which the ditches were to be constructed. … But there is not presented here a case falling within any of the exceptions which, it has been held, qualify the general rule.

State Personnel Bd. v. DPA

1 Cal. Rptr. 3d 278 · California Court of Appeal · Jul 22, 2003

'A municipal corporation, created by a state for the better ordering of government, has no privileges or immunities under the federal constitution which it may invoke in opposition to the will of its creator. … The state suffers when qualified workers are terminated and replaced with less-qualified politically-motivated hires.

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,

Quantification Settlement Agreement Cases

201 Cal. App. 4th 758 · California Court of Appeal · Dec 7, 2011

The Supreme Court first observed that “past California cases clearly establish that although the conditions of public employment generally are established by statute rather than by the terms of an ordinary contract, once … Yorty (1973) 32 Cal.App.3d 795 [ 108 Cal.Rptr. 377 ], the County contends the CEQA actions qualify for this court’s original jurisdiction. Coachella, Metropolitan, and San Diego disagree.

Bro v. Glaser

22 Cal. App. 4th 1398 · California Court of Appeal · Feb 24, 1994

Thus, neither could have qualified as a traumatized family bystander. … The nature of the cross-defendant psychologist’s conduct, while amounting to medical malpractice, clearly did not rise to the level of outrage as, say, in Branch.