Case law

People v. Montiel

California Court of Appeal · May 16, 2019

In our view, the plain language of section 1202.4 establishes two separate bases—one under subdivision (k)(3) and the other under subdivision (k)(4)—on which parents of children who are sexually abused may qualify as victims … Brown (2015) 238 Cal.App.4th 398, 418 [“Marsy’s Law clearly demands a broad interpretation protective of victims’ rights”].)

San Diego County Health & Human Services Agency v. Antonia M.

139 Cal. App. 4th 1519 · California Court of Appeal · May 30, 2006

Mother has appealed contending the trial court erred in excluding all evidence regarding the sibling relationship between these children and their half sister Adriana and that the evidence established a beneficial parental … Under any of the definitions of the term “sibling,” Adriana qualifies as a sibling of these children. In the case before us the twin girls lived with their biological half sister for a number of months.

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

Kramm v. Stockton Electric R. R. Co.

22 Cal. App. 737 · California Court of Appeal · Sep 23, 1913

An order granting such release will not be disturbed here, unless it clearly appears that the court or judge was guilty of gross abuse of discretion in making it. … The delivery of the notice through such agency renders the service personal, and the proof of such delivery establishes a personal service.” (Heinlen v. Heilbron, 94 Cal. 636, 640 , [ 30 Pac. 8 ].)

Mission Springs Water District v. Verjil

218 Cal. App. 4th 892 · California Court of Appeal · Aug 7, 2013

Initiatives to roll back the increases gathered enough signatures to qualify for the ballot. … sued because it had the temerity to file a complaint-in-intervention to force Pasadena to put the [i]nitiative into effect, and because it sponsored the [i]nitiative and supported its constitutionality, all of which are clearly

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.

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.

Ervin v. Ben-Nun CA4/1

California Court of Appeal · Aug 29, 2014

Section 11172 provides absolute immunity to mandatory reporters who report child abuse to proper authorities, but it provides only qualified immunity to voluntary reporters (including parents) who report child abuse. … If these elements apply, there is generally an exception to the section 47(b) absolute privilege, and a qualified immunity governs the communication.

California Manufacturers Ass'n v. Industrial Welfare Commision

109 Cal. App. 3d 95 · California Court of Appeal · Jul 24, 1980

They clearly do. … Rev. 1337 , 1338, 1352: “These decisions clearly established that federal law and federal procedures alone govern the obligations of employers in relation to the organizational activities of employees, and of the employer

Farthing v. San Mateo Clinic

143 Cal. App. 2d 385 · California Court of Appeal · Jul 25, 1956

Appellant asserts that it is not, since it clearly provides for a penalty or forfeiture. The law does not favor either contracts in restraint of trade or agreements for liquidated damages. … from the clinic than would a partner who was not as well established.

Santa Clarita Organization for Planning & the Environment v. Abercrombie

240 Cal. App. 4th 300 · California Court of Appeal · Sep 10, 2015

(c)), each of which constitutes a “financial interest” under section 87103; (2) Abercrombie’s involvement in the negotiations qualifies as “participat[ion] in making a governmental decision” (2 Cal. … More specifically, section 15.2, subdivision (d) “takes away” 20 from section 87100’s reach by immunizing the conflict of interest that would otherwise be proscribed by section

Batt v. City and County of San Francisco

184 Cal. App. 4th 163 · California Court of Appeal · Apr 28, 2010

DISCUSSION Establishing the Standard of Our Review We would ordinarily start our analysis by establishing the standard of review, which at first glance would seem to be that "The application of a taxing statute to uncontradicted … It is understood that we are not expressing an actual opinion on the inclusion or exclusion of any item except parking. [5] In one sense, the Guidelines are not truly relevant because the taxing power of the Hotel Tax is 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.

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

Werschkull v. United California Bank

85 Cal. App. 3d 981 · California Court of Appeal · Oct 30, 1978

Rul. 68-242 both annuity contracts were issued under a single qualified plan. … Finally, it is undisputed that at all times since the SFB Plan was established, UCB was able to pay such sums out of the fund which had been established for that purpose.

McQuarrie v. Kuttler

160 Cal. App. 2d 332 · California Court of Appeal · May 12, 1958

If she makes a bequest which violates the rule against perpetuities ( Estate of Fair, 132 Cal. 523 [ 60 P. 442 , 64 P. 1000 , 84 Am.St.Rep. 70 ]) or attempts to immunize a trust beneficiary's income from claims of his creditors … ascertainable, must yield to an established rule of law or public policy if it is in conflict therewith.

People v. Duncan

175 Cal. App. 2d 372 · California Court of Appeal · Nov 18, 1959

It was apparent that he had no legal knowledge, lacked ability to express himself clearly even in the simplest terms, misconstrued the law and its application and misunderstood his right to counsel, claiming on the one hand … Moreover, the trial court was fully justified in its opinion that the public defender was well qualified (People v. Adam son, 34 Cal.2d 320 [ 210 P.2d 13 ]; People v.

People v. Washington

211 Cal. App. 3d 207 · California Court of Appeal · Jun 6, 1989

The People opposed the motion for the reason, among others, that it was premature because it had not been established that appellant would take the stand. At a pretrial hearing in March before Judge W. … The court clearly determined that it would not decide the impeachment issue until after appellant testified.

People v. Crosier

41 Cal. App. 3d 712 · California Court of Appeal · Sep 12, 1974

“If lay witnesses can give an opinion as to sanity, there is no logical reason why qualified lay witnesses cannot give an opinion as to mental condition less than sanity.” (People v. … Webb sanctioned a qualified lay opinion as to the state of mind short of insanity affecting the formulation of a specific intent.

Collins v. Overnite Transportation Co.

129 Cal. Rptr. 2d 254 · California Court of Appeal · Feb 3, 2003

Wage Order No. 9 “The IWC is a five-member appointive board initially established by the Legislature in 1913. … The minimum remuneration level to qualify for the exemption is raised to “a monthly salary equivalent to no less than two times the state minimum wage for full-time employment,” defined in subdivision (c) as 40 hours per