Case law

Owens v. City of Signal Hill

154 Cal. App. 3d 123 · California Court of Appeal · Apr 4, 1984

They regulate massage establishments and massage technicians. … date of this Chapter if they qualify under the provisions of this Chapter, and in any event any permits issued hereunder prior to the effective date of this ordinance shall be null and void upon the passage of ninety (90

DOCTORS'CO. INS. SERVICES v. Superior Court

225 Cal. App. 3d 1284 · California Court of Appeal · Dec 3, 1990

Blaine and others, which would, if disclosed, establish the liability of Blaine. … Unruh is distinguishable, because it held the carrier’s conduct took it outside the immunity.

Caruso v. Abbott

133 Cal. App. 2d 304 · California Court of Appeal · May 27, 1955

These allegations are somewhat qualified, and they lack the directness and precision which is to be expected in pleading. … Clearly that has ceased with the coroner’s retirement, and there is no field for the necessarily prospective operation of an injunction.

Chaidez v. Board of Administration of California Public Employees' Retirement System

223 Cal. App. 4th 1425 · California Court of Appeal · Feb 3, 2014

Chaidez and the City have not established error. … Chaidez and the City have not established any such constitutional bar.

Tibor v. Superior Court

52 Cal. App. 4th 1359 · California Court of Appeal · Feb 25, 1997

Smith (1994) 110 Nev. 1025, 1028-1029 [ 879 P.2d 735 ] [holding that while private criminal defense attorneys are not entitled to either qualified or complete immunity, they are entitled to the protection afforded by the … Public defender immunity is an issue best addressed by the Legislature.

Regents of the University of Calif. v. Super. Ct.

California Court of Appeal · Jul 2, 2024

If it does, we assess whether the complaint clearly discloses a defense or bar to recovery. (See’s Candies, Inc. v. Superior Court (2021) 73 Cal.App.5th 66, 76.) … We conclude the complaint clearly discloses the Regents’ immunity from the City’s planning code, barring the Coalition’s recovery as a matter of law. I.

People v. Moran

39 Cal. App. 3d 398 · California Court of Appeal · May 23, 1974

Corson, an experienced and qualified lip reading interpreter, was used on the sound portion to clarify some of Pifer’s whispered words on the tape. … In fact, it was shown that Green was no longer a member of the motorcycle club and had been granted immunity.

Taylor v. John Crane, Inc.

6 Cal. Rptr. 3d 695 · California Court of Appeal · Nov 26, 2003

Immunity of Navy Plaintiffs rely on two theories of immunity. … Richards and DaFonte establish that under Proposition 51, fault will be allocated to an entity that is immune from paying for its tortious acts, but will not be allocated to an entity that is not a tortfeasor, that is, one

Laible v. Superior Court

157 Cal. App. 3d 44 · California Court of Appeal · Jun 12, 1984

Plaintiff, once arrested as a suspect in the robbery of a Brinks truck, challenges a ruling on partial summary judgment establishing the City and County of San Francisco’s (City and County) immunity defense to a cause of … Code, § 821.6 immunizes public employees from malicious prosecution suit).

Zuckerman-Mandeville, Inc. v. Sheffield

8 Cal. App. 3d 793 · California Court of Appeal · Jun 15, 1970

exemption was a violation of the equal protection clause of the federal Constitution and the uniformity and privileges and immunities provisions of the state Constitution. … This is clearly spelled out by the court’s observations in California Emp. Com. v. Butte County etc.

Carpenter v. City of Los Angeles

230 Cal. App. 3d 923 · California Court of Appeal · May 28, 1991

As to Civil Code section 47, subdivision (c), this qualified privilege primarily relates to actions in defamation; hence, it does not relate to this appeal. (See generally 5 Witkin, Summary of Cal. … This section does not offer the broad immunity urged by the City.

People v. UNION PACIFIC RAILROAD COMPANY

47 Cal. Rptr. 3d 92 · California Court of Appeal · Aug 2, 2006

We find nothing in HMTA clearly and manifestly establishing a congressional intent that transporters of material in commerce are to be wholly immune from state remedies for consequential injuries resulting from their activities … Defendants claim immunity from our hazardous waste laws because they are transporters. Transporters of hazardous waste are not immune from regulation under RCRA.

All Angels Preschool/Daycare v. County of Merced

197 Cal. App. 4th 394 · California Court of Appeal · Jul 11, 2011

Penal Code section 11167, subdivision (d)(1), clearly meets this criterion. … Campbell’s identity, it was clearly an action within the scope of the employee’s employment that was taken in connection with the investigation of alleged child neglect.

Greek Theatre Assn. v. County of Los Angeles

76 Cal. App. 3d 768 · California Court of Appeal · Jan 12, 1978

It establishes, further, that there are no net earnings over any period of time. … Current legal scholarship questions the grant of governmental subsidies disguised in the form of exemptions from taxation so as to be immune from the normal processes of political accountability for open tax supported grants

Gonzalez v. Paradise Valley Hospital

3 Cal. Rptr. 3d 903 · California Court of Appeal · Aug 26, 2003

Arturo was agitated and “clearly psychotic.” He ran out the door, but officers returned him to the emergency room where he was placed in restraints and medicated. Dr. … A defendant satisfies this burden by showing “ ‘one or more elements of’ the ‘cause of action’ in question ‘cannot be established,’ or that ‘there is a complete defense’ ” to that cause of action. (Ibid.)

Benitez v. City and County of San Francisco

77 Cal. App. 3d 918 · California Court of Appeal · Jan 26, 1978

Is the city immune from liability for damages caused by defects in a street which has not been accepted into the city street system by resolution of the board of supervisors? … It is clear from the foregoing that the Legislature in enacting section 1806 clearly intended to immunize a city from liability in situations such as that presented by the case before this court.

Lainer Investments v. Department of Water & Power

170 Cal. App. 3d 1 · California Court of Appeal · Jul 15, 1985

The Legislature clearly intended those sections to provide immunity under the circumstances of this case. II. City did not enter or breach an express contract to provide fire protection to respondents ’ property. … City’s contention that respondents failed to establish City’s liability under a contract theory is also meritorious. Although the immunities of the Government Code do not apply to liability based on contract (Gov.

Urbaniak v. Newton

19 Cal. App. 4th 1837 · California Court of Appeal · Nov 12, 1993

Respondent cannot, however, overcome the fact that in order to qualify for such fees, it must first be a “successful party.” … The lower court eventually entered judgment for the prison officials on the ground of qualified immunity.

Miller v. Filter

58 Cal. Rptr. 3d 671 · California Court of Appeal · May 8, 2007

We conclude the undisputed evidence establishes that CDAA and its deputized employees were absolutely immune from liability in the lawsuit against them and, thus, the trial court should have granted their anti-SLAPP motion … [are] valid and binding as if he were the officer legally . . . qualified for the office and in full possession of it.” [Citations.]’ ” (Marine Forests Society v.

Storch v. Silverman

186 Cal. App. 3d 671 · California Court of Appeal · Oct 21, 1986

Discussion Our review of the sustaining of the demurrers is limited by established principles. … Clearly the immunity provision precludes civil actions against a mandated reporter who telephones the agency and submits a written report.