Case law

Estate of Logan

84 Cal. App. 3d 717 · California Court of Appeal · Sep 8, 1978

The will set forth cash bequests to those employees who could qualify for them because of the length of their employment. … Laird contingent upon her survival at the time the trust would be established.

Wallace v. County of Stanislaus

245 Cal. App. 4th 109 · California Court of Appeal · Feb 25, 2016

Pedram Vaezi, a chiropractor and workers compensation “qualified medical evaluator.” This report was approved by Dr. Cohen. … The jury clearly rejected County’s argument about safety when it answered “No” to question No. 3 in the special verdict.

Nevada County Office of Education v. Riles

149 Cal. App. 3d 767 · California Court of Appeal · Dec 12, 1983

The EAHCA clearly establishes the educational agency as the entity for insuring that educational and related services will be provided. … The intent of establishing a single line of responsibility is clear.

People v. Wilson

36 Cal. App. 589 · California Court of Appeal · Mar 26, 1918

It was shown clearly that both Flores and Lopez declined to acknowledge the right of Knight to arrest them and that they proceeded with physical force to drive Knight away, as they had previously done to Wilson. … It was qualified, too, by instructions defining the right of peace officers to resort to the use of deadly weapons in making arrests or in defending themselves against attack while so engaged.

Ehrhart v. Bowling

36 Cal. App. 2d 503 · California Court of Appeal · Jan 10, 1940

The mere fact, then, that in establishing his exterior boundaries, the locator has marked out too great a quantity of land does not necessarily invalidate his location. … The first one correctly states in effect that the plaintiff’s right to recover is irrespective of good or bad faith, while the second shows clearly how to determine the amount of the recovery, in view of the good faith or

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.)

People v. Hall

208 Cal. App. 3d 34 · California Court of Appeal · Feb 27, 1989

Defendant relies on no other evidence or facts to establish a prima facie case of group bias. … 1301 ], the California Supreme Court in the exercise of its supervisory power over the criminal court system held that “that portion of the voir dire of each prospective juror which deals with issues which involve death-qualifying

Bailey v. Fosca Oil Co.

180 Cal. App. 2d 289 · California Court of Appeal · Apr 25, 1960

The reason or justification for denial of application as to that cause of action is not clearly indicated by the record. … By their authority a plaintiff may set up in the same complaint any number of separate causes of action that qualify for joinder under the statutory classifications.

Estate of Lauth

180 Cal. App. 2d 313 · California Court of Appeal · Apr 26, 1960

upon the contestants to establish invalidity. … Sease: We have nothing established absolutely I don't know why that comes in." "The Court: We must assume it is established absolutely. Mr. Voorhees testified that Sam Law called him and sought him out to make the will.

Grover v. San Mateo Junior College District

146 Cal. App. 2d 86 · California Court of Appeal · Nov 19, 1956

He was a qualified pilot, with a special secondary teaching credential in aviation, and was licensed as a commercial flight instructor. … The appellate court found the necessary control in the right of the school district to terminate the contract at will—a right clearly existent in the instant case.

Gaggero v. County of San Diego

21 Cal. Rptr. 3d 388 · California Court of Appeal · Nov 2, 2004

As used in section 337.15 ‘an improvement’ is in the singular and refers separately to each of the individual changes or additions to real property that qualifies as an ‘improvement’ irrespective of whether the change or … In finding the plaintiff’s inverse condemnation cause of action was subject to section 337.15, the court stated: “Section 337.15 clearly and unambiguously expresses a legislative intent to put a 10-year limit on latent deficiency

Drapeau v. Drapeau

93 Cal. App. 4th 1086 · California Court of Appeal · Oct 30, 2001

Furthermore, all 10 years of qualifying employment also took place before the parties’ separation. … The court, by statute, must consider each party’s needs “based on the standard of living established during the marriage” (id., subd.

State Compensation Insurance Fund v. Workers' Compensation Appeals Board

204 Cal. App. 4th 766 · California Court of Appeal · Mar 28, 2012

The sole question submitted for trial was whether Garcia’s psychiatric injury qualified as a “sudden and extraordinary employment condition” under *770 section 3208.3, subdivision (d) for purposes of avoiding the six-month … Clearly, it is the very risk of such falls that makes the type of employment in which applicant was engaged a very expensive occupation to insure in workers’ compensation.

Burgermeister v. Wells Fargo Bank & Union Trust Co.

191 Cal. App. 2d 624 · California Court of Appeal · Apr 27, 1961

“The evidence on the continuity of the services is sufficient to establish that the services were continuous in nature and to support the implied finding of the . . . … The court went on to state (p. 448) : “The authorities which we have cited make this distinction and show clearly that when all the facts and circumstances are placed either before the court when sitting with a jury, or when

Board of Trustees of the Leland Stanford Junior University v. Ham

216 Cal. App. 4th 330 · California Court of Appeal · May 15, 2013

After the July 2009 payment, however, Stanford informed appellant that she no longer qualified for the BMR program and that her rate would increase to $2,525 per month beginning February 1, 2010. … These safeguards clearly reflect the Legislature's concern for notice in accordance with due process. (See Greene v.

People v. Hilburn

California Court of Appeal · Jul 5, 2023

sentence cannot be imposed without satisfying the constitutional requirements of Apprendi shows that if the Legislature intended to require findings for imposition of the middle term for subdivision (b)(6) offenders, it clearly … Rather, the record establishes the court carefully considered the relevant aggravating and mitigating circumstances.

Polkinghorn v. Riverside Portland Cement Co.

24 Cal. App. 615 · California Court of Appeal · May 28, 1914

The correct rule, as established by those cases, is that the party-proposing a bill of exceptions is only required to set forth therein a record of so much of the proceedings as will illustrate the error claimed, and that … Appellant failed to qualify the question as suggested and did not promise to follow up the answer with proof of similar conditions as those which were present at the time of the accident.

San Diegans for Open Government v. City of San Diego

247 Cal. App. 4th 1306 · California Court of Appeal · Jun 7, 2016

In arguing section 128.5 should not apply, SDOG relies on the "well-established presumption that statutes apply prospectively in the absence of a clearly expressed contrary intent . . . ." (Evangelatos v. … City" and did not qualify as public records. (Italics added.)

In Re Cody W.

31 Cal. App. 4th 221 · California Court of Appeal · Dec 30, 1994

Clearly, these individuals cannot be labeled as unfit to parent at all; nor would such an all-or-nothing approach generally be desirable. [2] Parental rights to one of several children may be constitutionally severed because … free from the custody of its parents under section 232 of the Civil Code, a county welfare department must consider child protective services as a possible solution to the problems at hand and must offer such services to qualified

Green v. Workers' Compensation Appeals Board

26 Cal. Rptr. 3d 527 · California Court of Appeal · Mar 30, 2005

The amendment is therefore clearly substantive in character.” … Such statutes are not applied retroactively unless clearly intended by the Legislature. (Ibid.)