Case law

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].

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.

Associated California Loggers, Inc. v. Kinder

110 Cal. App. 3d 673 · California Court of Appeal · Sep 26, 1980

alleging, inter alia, that by virtue of the above referenced service agreements EBI had violated Insurance Code section 755 which prohibits payment of a commission or other consideration on insurance business to other than a qualified … insurer, or an insurance agent, broker, or solicitor, personally or otherwise, shall not offer or pay, directly or indirectly, as an inducement to enter into an insurance contract, any valuable consideration which is not clearly

Thanh Thuy Vo v. City of Garden Grove

9 Cal. Rptr. 3d 257 · California Court of Appeal · Jan 29, 2004

Although the record on appeal does not clearly indicate all of the subsequent proceedings, it appears no hearing was held on the request for preliminary injunction until January 30, 2003. … Plaintiffs may choose those parts of the ordinance most likely to qualify for preliminary relief and reserve their challenge on other parts to the time of trial on the merits.

People v. Gompertz

103 Cal. App. 2d 153 · California Court of Appeal · Mar 28, 1951

Sergeant Whitney, in charge of the vice squad, who qualified as an expert investigator on the subject of bookmaking, testified that accurate time clocks are used by bookmakers in determining the post time of a race; that … It is clearly shown that the business of “electrical appliances” was not being conducted at this establishment and defendants made no indication to the public that they were in that purported legal enterprise.

Saso v. Furtado

104 Cal. App. 2d 759 · California Court of Appeal · Jun 14, 1951

“It is also an established rule that a statute is not to be construed so as to have a retroactive effect unless the intent that it is to be retroactive clearly appears from the statute itself.” … The person to whom the licensee desires to transfer the license must make an independent application and must be qualified in every respect.

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?

People v. Webb

California Court of Appeal · Jul 12, 2017

Providing false personal identification information to a police officer would, as defendant argues, necessarily establish a violation of the two misdemeanor statutes. … Thus, the labels used by section 11372.5, by themselves, do not clearly answer whether the levy is a fee or a fine or penalty.” (Moore, supra, pp. 563-564.)

Stewart v. Flournoy

12 Cal. App. 3d 1021 · California Court of Appeal · Nov 18, 1970

Again, for authority to support its conclusion, it relied upon language contained in Rath: “ ‘[4] Whenever there is in a will a devise in qualified terms but followed by a direction for the devisee to leave the property to … The principles applicable here are clearly set out in In re Kidd’s Estate (1907) 188 N.Y. 274 [ 80 N.E. 924 ], cited in Estate of Sisk, 269 Cal.App.2d 823 [ 75 Cal.Rptr. 549 ].”

Dept. of Finance v. Commission on State Mandates

California Court of Appeal · Nov 21, 2022

The State and the Commission also have not established that street sweeping qualifies as solid waste handling under Public Resources Code section 40059, or that a fee for such activity qualifies as “refuse collection” for … The court of appeal determined the rates did not qualify as fees under Proposition 26.

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.

San Lorenzo Valley Community Advocates for Responsible Education v. San Lorenzo Valley Unified School District

44 Cal. Rptr. 3d 128 · California Court of Appeal · May 26, 2006

Judicial review of such challenges is governed by well-established rules. a. … “(b) Establish a priority list of use of surplus space and real property that will be acceptable to the community.

The People v. Ogg

California Court of Appeal · Aug 29, 2013

It imposed fines and fees, including a $70 acquired immune deficiency syndrome (AIDS) education fee. (§ 1463.23.) … The court qualified it by stating it was not an expert and was "in no position to diagnose that."

Moser v. Ratinoff

130 Cal. Rptr. 2d 198 · California Court of Appeal · Jan 31, 2003

In view of these considerations, the organized, long-distance, group bicycle ride qualifies as a "sport" for purposes of the application of the primary assumption of risk doctrine. IV. … The primary assumption of risk rule "does not grant unbridled legal immunity to all defendants participating in sporting activity.

Wagner v. Worrell

76 Cal. App. 2d 172 · California Court of Appeal · Sep 23, 1946

The failure of the plaintiff to establish his own title eliminates him as a claimant to the fund in question. The $4,092.38 in the Wells Fargo Bank stands in the name “W. D. … Moreover it clearly appears from the record that the appellant during the trial abandoned all claim to the movable personal property. The judgment is affirmed. Nourse, P. J., concurred.

M Restaurants, Inc. v. San Francisco Local Joint Executive Board of Culinary Workers, Bartenders, Hotel, Motel & Club Service Workers & Dining Room Employees Union

124 Cal. App. 3d 666 · California Court of Appeal · Oct 19, 1981

Inherently, the means authorized are clearly unobjectionable. … The Supreme Court has now established “that picketing which obstructs access, because of its tendency to lead to violence, is not the ‘peaceful picketing’ immunized from injunction by [subd. (b) of § 527.3].

Chicago Bridge & Iron Co. v. Industrial Accident Commission

226 Cal. App. 2d 309 · California Court of Appeal · Apr 14, 1964

The Contractor shall have the right to reject any applicant for employment who is unable to thus establish his qualifications and skill necessary to perform the work required by the Contractor or for any other bona fide reason … Leckie promised to send to the job site in Nevada a qualified man, Mr. Coplin.

Valley Lumber Co. v. Davis

102 Cal. App. 126 · California Court of Appeal · Nov 20, 1929

Hines, who at the time had resigned as director-general of railroads, and who no longer represented the federal government, established a cause of action against the United States. … If it did not, it clearly appears that such action could not be vitalized by the amended complaint, naming the then qualified officer of the government as the defendant, after the period of the statute of limitations had

Arellanes v. Civil Service Commission

41 Cal. App. 4th 1208 · California Court of Appeal · Dec 18, 1995

City of Richmond, supra, 40 Cal.3d at p. 764 .) “ ‘[0]ne to whose conduct a statute clearly applies may not successfully challenge it for vagueness.’ ” (Ibid.) … There can be no doubt Arellanes behavior constituted conduct clearly proscribed by rule 3-01/050.77.

Integrated Healthcare Holdings, Inc. v. Fitzgibbons

44 Cal. Rptr. 3d 517 · California Court of Appeal · Jun 14, 2006

The court noted that it accepted the union’s contentions, every workplace dispute would qualify as a matter of public interest. … This clearly is not the result intended by the Legislature when enacting the anti-SLAPP statute.