Case law

Eben-King v. King

80 Cal. App. 4th 92 · California Court of Appeal · Apr 25, 2000

Due to respondent’s prior bankruptcy and credit history, however, the parties failed to qualify for a joint loan. … A motion to set aside a judgment under section 473 qualifies as such a motion for purposes of extending the time to file a notice of appeal under rule 3(b). (Lamb 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.

Show Management v. Hearst Publishing Co.

196 Cal. App. 2d 606 · California Court of Appeal · Nov 1, 1961

If the defendant does not act in a bona fide attempt to protect his own interest or the interest of others involved in the situation, he forfeits the immunity of the privilege. .. . … Clearly had the four parties combined they would *622 be in a position of dominance in the field.

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.

Hollingsworth v. Commercial Union Insurance

208 Cal. App. 3d 800 · California Court of Appeal · Mar 9, 1989

However, in a case turning on the interpretation and application of a policy term, the issue on summary judgment becomes a mixed question of fact and law, particularly in light of the extensive and well established principles … Since ear piercing is not regulated by the state, does not require licensing, and consists simply of mechanically operating the ear-piercing tool, she contends that it does not qualify as a “professional” service under the

People v. Jones

25 Cal. App. 3d 776 · California Court of Appeal · May 19, 1972

At that time he had correlated it with the I.Q.’s of several hundred students at the university and established a minimum passing grade to correspond with an I.Q. of 90. … The court noted that the petitioner might have some difficulty in establishing an equal protection claim on behalf of a sex to which he did not belong.

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

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.)

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.)

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.

Rice v. Superior Court

136 Cal. App. 3d 81 · California Court of Appeal · Sep 23, 1982

The motion was again predicated upon petitioner qualifying for preference under section 36, subdivision (a), due to her age of 80 years. … But this disparate treatment is readily explained by recognizing .that the age of a litigant is a fact easily established as a certainty while the degree of a ' party’s physical disability and relationship to imminence of

USS-POSCO Industries v. Floyd Case

244 Cal. App. 4th 197 · California Court of Appeal · Jan 26, 2016

Whether ultimately donated or not, these were costs UPI incurred in establishing and conducting the program. … Focusing on the burden the amended rule would impose— “Andreini’s liability for MacCorkle’s costs would zoom from $6,553.12 to $221,324.52”—the court concluded it “would clearly qualify as ‘ “ ‘ “new or different liabilit

People v. Johnson

California Court of Appeal · Jul 26, 2018

"Whether a crime qualifies as a serious felony is determined by section 1192.7, subdivision (c), which lists and describes dozens of qualifying crimes, including murder, robbery, kidnapping, and forcible sexual assaults … Navarette (2016) 4 Cal.App.5th 829, 842.) 27  Thus, a foreign offense that includes all elements of a California qualifying felony can establish a strike prior and

The People v. Eid

California Court of Appeal · May 22, 2013

As we have stated, „it should not “be presumed that the Legislature in the enactment of statutes intends to overthrow long-established principles of law unless such intention is made clearly to appear either by express declaration … A “statement may qualify as spontaneous if it is undertaken without deliberation or reflection.” (People v. Morrison (2004) 34 Cal.4th 698, 718.)

Bemer v. Bemer

152 Cal. App. 2d 766 · California Court of Appeal · Jul 25, 1957

The immunity of the nonacknowledging co-obligor does not depend on whether his original liability was personal and direct or resulted incidentally from a charge against property.” … There was ample evidence before the court to establish laches of C. W. Berner.

People v. Arnold

243 Cal. App. 2d 510 · California Court of Appeal · Jul 15, 1966

The evidence establishes that the officers had reasonable cause to believe that the defendant had committed and was in the process of committing a felony. (§ 836, Pen. Code; People v. … At that point Officer McCarthy was clearly justified in making further investigation by entering the room containing the telephone and other items.

Estate of Gutierrez

220 Cal. App. 2d 6 · California Court of Appeal · Sep 6, 1963

During her lifetime, and while a resident of Arizona, decedent established an inter vivos trust naming the United States Trust Company of New York as trustee, reserving a life estate in the trust income and a testamentary … more reasonable to assume that by naming only “spouse, child, grandchild or parent” in section 43 the Legislature intended in this particular section to protect only these immediate members of a testator’s family; that it clearly

Allen v. State of Cal. CA5

California Court of Appeal · Jun 18, 2026

Defendants also asserted the federal constitutional claims were barred by qualified immunity. … The court also found that the federal constitutional claims were barred by qualified immunity.

Concerned Dog Owners v. City of Los Angeles

194 Cal. App. 4th 1219 · California Court of Appeal · Apr 29, 2011

If the owner of the animal qualifies for one of the exemptions, the animal must be implanted with an identification chip identifying the owner. (§ 53.15.2, subd. (b)(3).) … Unfettered Discretion CDOC claims that the Ordinance is unconstitutional because it grants unfettered discretion to City officials to determine which registries and associations qualify under the exemptions.

Pieri v. City and County of San Francisco

40 Cal. Rptr. 3d 629 · California Court of Appeal · Feb 21, 2006

It is true that "it 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 necessary implication … However, even if the court's construction in Channing Properties of former section 7060.1, subdivision (c) qualified as a "long-established principle[] of law," we would disagree with Pieri's conclusion.