Case law

People v. Uscola CA3

California Court of Appeal · May 21, 2015

As such, it clearly provided for misdemeanor as well as felony disposition. Indeed, many of the qualifying offenses enumerated in subdivision (f)(1) are wobblers (see §§ 243, subd. … If, as defendant argues, the Legislature had intended only previous felony convictions to qualify for the sentencing enhancement, it presumably would not have included misdemeanor statutes in the qualifying offenses.

Kees v. Medical Board

7 Cal. App. 4th 1801 · California Court of Appeal · Jul 9, 1992

had with the rehabilitative aspects of the diversion program would effectively bar the Board from instituting disciplinary action for subsequent misconduct, then any physician could voluntarily join diversion and thereby immunize … Such a result would clearly not be in the public’s interest and would contravene the legislative intent behind the diversion program for impaired physicians.

Moore v. Super. Ct.

California Court of Appeal · Dec 11, 2020

It created a pretrial diversion program for qualifying defendants who suffer from a diagnosed and qualifying mental disorder, “including, but not limited to, bipolar disorder, schizophrenia, schizoaffective disorder, or … As Tellez concluded, “[t]his history establishes that the Legislature wanted the existing bar on diversion for DUI offenses [in Vehicle Code section 23640] to take precedence [over Penal Code section 1001.36].

Johnson v. Trans World Airlines, Inc.

149 Cal. App. 3d 518 · California Court of Appeal · Dec 6, 1983

The court also quoted from 2 Pension Plan Guide, (C.C.H.) paragraph 9101, which provided that “[o]ne target of the Pension Reform Act was the practice, however widespread, of terminating employees to prevent them from qualifying … Second, we note that the public policy of this state alleged by appellant in the seventh paragraph of the first cause of action also clearly brings the cause within the provisions of ERISA.

Mountain View Chamber of Commerce v. City of Mountain View

77 Cal. App. 3d 82 · California Court of Appeal · Jan 25, 1978

Clearly, the chamber of commerce could have qualified as the agent of any of its members if it had chosen to seek a variance. … If it had received an adverse decision, it would have been an “aggrieved” party qualified to appeal to the city council.

People v. Valdez

177 Cal. App. 3d 680 · California Court of Appeal · Feb 14, 1986

On cross-examination of Kyle, with the aid *691 of the defense expert, counsel was able to establish quite clearly that 27 percent of the Mexican-American population could have produced blood and semen stains similar to appellant … Thus, appellant did not need the testimony of his defense expert to establish the 27 percent Mexican-American population data.

People v. Harvest

101 Cal. Rptr. 2d 135 · California Court of Appeal · Oct 31, 2000

The collection procedures for a restitution order are clearly meant to be civil. (See Pen.Code, § 1202.4, subd. (h); cf. Helvering v. … Law (9th ed. 1990) Equity, § 14, p. 691), which the resentencing clearly was not.

Estate of Effron

117 Cal. App. 3d 915 · California Court of Appeal · Apr 10, 1981

"These decisions establish two standards for antitrust immunity.... … This factual record, establishing what this Bank's practice is in hiring counsel for executors, is insufficient to establish a form of conspiracy falling within the purview of the Sherman Act.

Terzian v. Superior Court

10 Cal. App. 3d 286 · California Court of Appeal · Aug 6, 1970

On the other hand, Henwood clearly indicates that real party in interest should be afforded the opportunity to make a showing of necessity or convenience by establishing that the agency is unfit, that the child’s immediate … The order of the court, as qualified by the stipulation of the parties, preserves confidentiality to the extent that the information contained in the report of the probation office shall only be imparted to the court and

Zhang v. Super. Ct.

California Court of Appeal · Nov 9, 2022

After 7 receiving preliminary briefing, we concluded petitioner had not established entitlement to extraordinary relief, and denied the petition. … But Viking also explains: “[U]nder our decisions, even rules that are generally applicable as a formal matter are not immune to preemption by the FAA. [Citations.]

People v. Granville CA3

California Court of Appeal · Jul 25, 2025

When he left the establishment, defendant asked him for a ride and the victim agreed. … The “ ‘ “burden is on the party attacking the sentence to clearly show that the sentencing decision was irrational or arbitrary. [Citation.]

Martinez v. Toledo CA4/1

California Court of Appeal · Jan 8, 2025

. § 230) immunizes Internet users from liability for republications of others’ defamatory statements and because Chaplin’s accusation against Martinez was true. … Our Supreme Court has prescribed a two-step analysis for deciding whether speech has the requisite connection to an issue of public interest to qualify for anti-SLAPP statute protection.

Christiana v. Plotkin CA2/1

California Court of Appeal · Feb 27, 2014

Thus, the litigation privilege immunizes Dr. … Plotkin therefore is not immunized by the litigation privilege. However, Christiana has not demonstrated that he can establish the elements of malicious prosecution, including prosecution of anything by Dr.

Estate of Sanders

2 Cal. App. 4th 462 · California Court of Appeal · Jan 7, 1992

Nonetheless, we shall consider both proposals. (1) First, the trial court's refusal to order DNA testing of Sanders's surviving adult children along with their mothers clearly was correct. … The tests shall be performed by a qualified expert appointed by the court." ( Minn.

In Re Marriage of Galis

149 Cal. App. 3d 147 · California Court of Appeal · Nov 23, 1983

We find that the matter referred in this case—a full-fledged contested dissolution action—failed to qualify under any of the categories listed in section 639. … The term “special proceeding” is not generally defined by statute, except in the negative, (see § 23, supra) nor does it have a well-established meaning. (Boggs v. North American B. & M.

ITT Telecom Products Corp. v. Dooley

214 Cal. App. 3d 307 · California Court of Appeal · Sep 26, 1989

Third, disregarding disputed facts, we consider whether the motion has "establish[ed] a complete defense or otherwise show[n] there is no factual basis for relief on any theory reasonably contemplated by the opponent's pleading … We conclude that statements by Dooley as a consultant to assist a potential litigant qualify for the statutory privilege. 7. Does the privilege apply to statements violating a contract of confidentiality?

Citizens to Save California v. California Fair Political Practices Commission

52 Cal. Rptr. 3d 17 · California Court of Appeal · Dec 8, 2006

According to the FPPC, a “significant influence” includes being a voting member of a committee’s leadership body or formulating campaign strategy. “ ‘Candidate’ means an individual who is listed on the ballot or who has qualified … Payments for communications that clearly identify a candidate for elective state office without advocating the candidate’s election or defeat are limited by section 85303.

Evans v. Southern Pacific Transportation Co.

213 Cal. App. 3d 1378 · California Court of Appeal · Sep 15, 1989

construed as *1385 directly repealing § 1981” (p. 1253) and added that it “[could] not conclude that these statutes are irreconcilable or that the RLA covers the subject matter of racial discrimination in contracting or was clearly … like California’s FEHA, provides that it is an unfair employment practice for an employer “to refuse to hire, to discharge, to promote or demote, or to discriminate in matters of compensation against, any person otherwise qualified

Banks v. Dominican College

35 Cal. App. 4th 1545 · California Court of Appeal · May 26, 1995

A plaintiff’s burden of establishing arbitrary and capricious conduct on the part of a private college or university, however, is a heavy one. [Citation.] … The evidence presented to the trial court here clearly established that appellant was dismissed from the Dominican degree program due to numerous academic deficiencies and serious lapses of professional judgment, which rightly

Duarte & Witting, Inc. v. New Motor Vehicle Board

128 Cal. Rptr. 2d 501 · California Court of Appeal · Dec 18, 2002

Here, the ALJ clearly understood that any evidence of the “good cause” factors in section 3061 would have been irrelevant in light of the manufacturer’s discontinuation of the manufacture of the product. … We believe it is more appropriate to view the dismissal motion as a summary proceeding in which good cause was established as a matter of law.