Case law

People v. Townsend

62 Cal. App. 4th 1390 · California Court of Appeal · Apr 10, 1998

minors were playing basketball on the campus. 10 Accordingly, whether or not the school was “open for classes or school-related programs,” the alternative criterion of the enhancement—that minors be using the facility—was clearly … The qualifying language “where the offense occurs” is necessary to identify which of “those facilities” must be in use by minors at the time of the offense.

Cooper Companies, Inc. v. Transcontinental Insurance

31 Cal. App. 4th 1094 · California Court of Appeal · Jan 24, 1995

Thus, the policies clearly provide coverage for damages attributable to the products of a company acquired after the policy period began. … Transcontinental correctly observes that construing a contract to confer a right in perpetuity is clearly disfavored. (See Nissen v.

Roehl v. Ritchie

54 Cal. Rptr. 3d 185 · California Court of Appeal · Jan 31, 2007

Appellants have made no other attempt to establish any viable grounds for vacating the arbitration award under Code of Civil Procedure section 1286.2.” (Ibid.., italics added.) … The nub of Niece’s appeal is not the first arbitration award, which issued on March 1, 2004, and is clearly open-ended, but the arbitrator’s one-page letter of June 11, 2004.

American Society of Composers, Authors & Publishers v. Superior Court

207 Cal. App. 2d 676 · California Court of Appeal · Sep 17, 1962

Real party in interest concedes that the new provision of the 1960 articles “clearly encompasses that type of protest and grievance which the real party in interest now alleges in his complaint. … The articles provide that they may be amended by vote of the qualified members in accordance with the procedure therein set forth.

People v. Duz-Mor Diagnostic Laboratory, Inc.

68 Cal. App. 4th 654 · California Court of Appeal · Dec 11, 1998

Since appellant did not establish that respondents knowingly made a false claim, appellant did not establish a violation of Government Code section 12651, subdivision (a), and thus did not establish a violation of the Act … Under a grant of immunity, Simburg testified that he had made cash payments to physicians in return for their business and that Morehead and Aghankani knew of these payments and approved the practice.

Export Leaf Tobacco Co. v. County of Los Angeles

89 Cal. App. 2d 909 · California Court of Appeal · Feb 4, 1949

Vial, 279 U.S. 95 [ 49 S.Ct. 292 , 73 L.Ed. 626 ]), the property remains immune from local taxation.” In Carson Petroleum Co. v. … It was held that the logs were immune from local taxation in Vermont. In the course of *921 the opinion, Mr.

Security Pacific National Bank v. Zahn

16 Cal. App. 3d 106 · California Court of Appeal · Mar 18, 1971

The organization qualifies under its articles of incorporation to receive the testatrix’ gifts and to administer them in accordance with the wishes expressed in her will. … the property was not acquired by the agency until April 10, 1969. “ ‘ “Ademption of a specific legacy is the extinction or withdrawal of a legacy in consequence of some act of the testator equivalent to its revocation, or clearly

Rio Linda Union School District v. Workers' Compensation Appeals Board

31 Cal. Rptr. 3d 789 · California Court of Appeal · Jul 26, 2005

applied to all cases after April 19, 2004, regardless of the date of injury unless there is an existing order, decision, or award, but disagreed that procedural orders, such as orders closing discovery or of submission, could qualify … “It is an established canon of interpretation that statutes are not to be given a retrospective operation unless it is clearly made to appear that such was the legislative intent.” (Aetna Casualty & Surety Co. v.

Freedom Foundation v. Super. Ct.

California Court of Appeal · Dec 30, 2022

“To justify departing from a literal reading of a clearly worded statute, the results produced must be so unreasonable the Legislature could not have intended them.” … Thus, to be successful, [a petitioner] must establish that the files (1) qualify as ‘public records’ and (2) were in the possession of [the agency].” (Consolidated Irrigation Dist. v.

CATHERINE D. v. Dennis B.

220 Cal. App. 3d 922 · California Court of Appeal · Apr 24, 1990

Clearly mindful of the sensitive policy considerations and relevant factors bearing upon custody decisions, the court felt constrained to comment on Catherine’s palpable anger and hostility directed to Dennis characterized … and undesirable to change the child’s established mode of living.’

Tetra Pak, Inc. v. State Board of Equalization

234 Cal. App. 3d 1751 · California Court of Appeal · Oct 16, 1991

Relief will be granted unless clearly forbidden by statute. … The orders made subsequent to the judgment thus cannot, in this instance, qualify as appealable pursuant to section 904.1, subdivision (b), and the purported appeals therefrom must also be dismissed.

People v. K.D.

California Court of Appeal · Mar 28, 2025

Wright reported that defendant had put her “full effort” into his testing, and he concluded that she “clearly” met diagnostic criteria for “intellectual disability-moderate.” Dr. … Defendant submitted evidence that a community member had offered her housing if she remained substance free, and she qualified for Medi-Cal insurance.

Minish v. Hanuman Fellowship

214 Cal. App. 4th 437 · California Court of Appeal · Jan 31, 2013

Defendants claim that plaintiff clearly was successful because the Fund paid substantial benefits “as a result of the assertion by [plaintiff] that she was entitled to such benefit.” … Evidence Code section 1220 establishes a hearsay exception for admissions by a party.

People v. Barillas

45 Cal. App. 4th 1233 · California Court of Appeal · May 28, 1996

‘Merely because an attorney has been disciplined for some infraction of the rules by which he must abide is no reason for assuming that he is not a qualified and efficient lawyer. … Ngo (Cal.App.).) 6 The second portion of Johnson’s holding—that denial of the right to counsel is established if the accused was represented by an individual no longer a member of the State Bar—clearly does not apply to this

Covarrubias v. Superior Court of Monterey Cty.

60 Cal. App. 4th 1168 · California Court of Appeal · Jan 15, 1998

Case law established that trial courts could, if necessary, require in camera voir dire of prospective jurors in circumstances other than death qualification. (See, e.g., People v. … The district attorney relies upon other parts of section 223 which do clearly abrogate prior California Supreme Court decisions.

Lozada v. City and County of San Francisco

52 Cal. Rptr. 3d 209 · California Court of Appeal · Dec 18, 2006

The civil penalty provided by section 3309.5 comes within well-established understandings of the term “damages.” … The court was clearly concerned with the due process implications of the treble damages provision of the ordinance.

People v. Harris

10 Cal. App. 4th 672 · California Court of Appeal · Oct 21, 1992

We’ll do it just as we would do it here except we’ll do it in the privacy of chambers, moving through those that have been qualified and passed on for cause. … It is a clearly understood principle of appellate review, so well established as to need no citation to authority, that contentions raised for the first time at oral argument are disfavored and may be rejected solely on the

Security Pacific National Bank v. Marder & Marder

183 Cal. App. 3d 707 · California Court of Appeal · Jul 22, 1986

In construing a statute, a court is not authorized to insert qualifying provisions not included and may not rewrite the statute to conform to an assumed intention which does not appear from its language. (McLaughlin v. … The record clearly establishes that appellant’s due process rights were not violated in these proceedings as appellant had ample notice of and opportunity to contest Bank’s request for attorneys’ fees.

Monterey Peninsula Taxpayers Ass'n v. County of Monterey

8 Cal. App. 4th 1520 · California Court of Appeal · Aug 21, 1992

The undisputed evidence, however, establishes that it is. A. … First, the prohibitions against tax referenda and injunctions do not promote fiscal stability by immunizing taxes from constitutional scrutiny and judicial invalidation.

In re Martinez

California Court of Appeal · Feb 7, 2014

Section 1170.126 also establishes a procedure for qualified inmates serving indeterminate life sentences under the three strikes law to seek resentencing under the terms of the amended law. … Martinez's position presents a unique situation that section 1170.126, subdivision (e) does not clearly address.