Case law

Rains v. Superior Court

150 Cal. App. 3d 933 · California Court of Appeal · Jan 13, 1984

The facts are that petitioners (hereinafter plaintiffs) sued real parties (hereinafter defendants), psychiatrists and the corporations established by them as alter egos, by a second amended complaint alleging counts for fraud … No persuasive reason is advanced by defendants, nor is any apparent to this court, why physicians, to the exclusion of all other persons, should enjoy total immunity from liability where they intentionally deceive another

San Diego County Department of Social Services v. Jose O.

28 Cal. App. 4th 908 · California Court of Appeal · Sep 29, 1994

Appellant’s second position is that the report prepared by the Department should not have been admitted because it is an unreliable and clearly biased report. … The Department argues that it qualifies as a “fresh complaint.”

Ewing v. Gill Industries, Inc.

3 Cal. App. 4th 601 · California Court of Appeal · Jan 15, 1992

First Federal S. & L. of Rochester (2d Cir. 1989) 869 F.2d 100, 105 , the court stated: “[W]e decline to apply the *611 McDonnell Douglas standard inflexibly, and we now hold expressly what our previous decisions have clearly … Thus, the trial court instructed the jury that Ewing was required to prove that an “important” part of his duties were transferred to younger, less qualified employees. III. Motion for Nonsuit A.

In re Marriage of McLain

7 Cal. App. 5th 262 · California Court of Appeal · Jan 6, 2017

No evidence was presented which would support an income to her, or that there were jobs available for which she qualified and could earn an income. … In contrast, ‘When the record clearly demonstrates what the [family] court did, we will not presume it did something different.’” (Border Business Park, Inc. v. City of San Diego (2006) 142 Cal.App.4th 1538, 1550.)

Evans v. Shiomoto

California Court of Appeal · Nov 12, 2019

The notice "shall specify clearly the reason and statutory grounds for the suspension, the effective date of the suspension, the right of the person to request an administrative hearing, the procedure for requesting an … There is no question the WildCAD dispatch log was relevant as it established the time of stop.

Pegastaff v. Pacific Gas & Electric Co.

239 Cal. App. 4th 1303 · California Court of Appeal · Aug 28, 2015

“A court injunction, predicated on a contrary finding of utility noncompliance, would clearly conflict with the PUC’s decision and interfere with its regulatory functions in determining the need to establish prospective remedial … However, this policy shall not be used to exclude qualified non-[minority enterprises] from participating in utility contracting.” (Id. § 6.3.5(1), p. 13.)

Wilson v. Abrams

1 Cal. App. 3d 1030 · California Court of Appeal · Nov 21, 1969

After reciting that the parties thereto have established a general plan for the maintenance of the property as an integrated shopping center and desire to create (and do create) an automobile parking lot in conjunction therewith … Such designations, in our view, clearly serve to supply the specific language necessary to sustain the finding that the easement thus created was specific and definitive in scope both as to geographical boundaries and the

Rall v. Tribune 365, LLC

California Court of Appeal · Dec 18, 2019

Plaintiff points out that the absolute privilege in section 47(d) does not immunize private investigations, citing Hawran v. Hixson (2012) 209 Cal.App.4th 256, 280-282 (Hawran). … (Plaintiff says this is false because there were no discrepancies, but clearly there were.) (2) “That Officer Durr had never handcuffed anyone for jaywalking.”

Hongsathavij v. Queen of Angels/Hollywood Presbyterian Medical Center

62 Cal. App. 4th 1123 · California Court of Appeal · Mar 2, 1998

“The decision of the governing body is clearly the ‘final’ decision rendered in the multilevel administrative review process .... … To the contrary, evidence established that Dr.

People v. Hughey

194 Cal. App. 3d 1383 · California Court of Appeal · Sep 22, 1987

Thomas was screaming as the officers arrived, clearly indicating that the few-minute interval between the time of the assaults and the statements did not destroy their spontaneity. … First, in conformance with the Framers’ preference for face-to-face accusation, the Sixth Amendment establishes a rule of necessity.

People v. Blankenship CA4/1

California Court of Appeal · May 6, 2016

Relevant here, Proposition 47 also added a new crime of shoplifting, which is defined as "entering a commercial establishment with intent to commit larceny while that establishment is open during regular business hours, … The People assert that "shoplifting" has long and commonly been understood to encompass only the theft of openly displayed merchandise from commercial establishments.

People v. Butler

249 Cal. App. 2d 799 · California Court of Appeal · Mar 30, 1967

If the statements were admitted to show the truth of the matter stated, i.e., “He said the man was sucking on his thing,” they are clearly hearsay (see Witkin, Cal. … Even, however, should the testimony not qualify under the hearsay exception, it appears to fall within the so-called “complaint” doctrine. In People v.

Arntz v. Superior Court

187 Cal. App. 4th 1082 · California Court of Appeal · Aug 24, 2010

Moreover, the issues of a person’s eligibility to run for public office and the correct administration of public elections are clearly weighty matters of public interest in which the City has a vital interest. … It is undisputed that when the voters adopted term limits in 1990 they clearly intended that a supervisor who was appointed “to complete in excess of two years of a four-year term shall be deemed ... to have served one full

Markart v. Zeimer

67 Cal. App. 363 · California Court of Appeal · May 19, 1924

The facts must establish such a condition as would warrant the jury in saying that as a matter of common knowledge the cutting of the cord complained of was an act of negligence, or it must be shown by expert testimony that … If it was so mistakenly performed as the result of a bona fide judgment by a qualified surgeon he will not be held liable for the unfortunate results of his mistake. (Loudon v. Scott, 58 Mont. 645 [12 A. L.

Friends of Shingle Springs Interchange, Inc. v. County of El Dorado

200 Cal. App. 4th 1470 · California Court of Appeal · Nov 22, 2011

The causes of action in FSSI’s petition allege facts clearly identifying the applicable 30-day and 90-day statutes of limitations. … Furthermore, the dismissal is due to FSSI’s own failure to maintain its corporate status, actions clearly attributable to FSSI.

People v. Roberts

213 Cal. App. 2d 387 · California Court of Appeal · Feb 26, 1963

by the trial court, can be set aside on appeal upon the ground’ of insufficiency of the evidence, ‘it must be made clearly to appear that upon no hypothesis whatever is there sufficient substantial evidence to support the … The defendant contends that the witness in question was not qualified to give an opinion on the subject. There is no basis for this contention.

Valley View Home of Beaumont, Inc. v. Department of Health Services

146 Cal. App. 3d 161 · California Court of Appeal · Aug 17, 1983

To qualify for intermediate care services, a patient must have a medical condition which requires an out-of-home protective living arrangement with 24-hour supervision and skilled nursing home care or observation on an ongoing … The Social Security Act requires that participating states establish “utilization” controls to ensure that Medicaid (Medi-Cal in California) funds are paid only for medically necessary services.

Pacific Loan Management Corp. v. Superior Court

196 Cal. App. 3d 1485 · California Court of Appeal · Dec 16, 1987

That breach of duty is not the kind of independent liability which prevents interpleader; if it were, few cases would qualify for the remedy. … He may also do so at a private sale where there is an established market or price for the commodity. (Ibid.) A foreclosure sale of real estate clearly satisfies all these conditions.

People v. Taylor

California Court of Appeal · Feb 11, 2025

Contrary to the argument of [petitioner’s and Richardson’s] counsel at the evidentiary hearing, the evidence presented at the preliminary hearing and at trial clearly supports a finding that at least … Additionally, Senate Bill No. 1437 added former section 1170.95, now section 1172.6, to provide a procedure for those convicted of a qualifying offense “ ‘to seek relief’ where the two substantive changes described above

Brown v. Memorial National Home Foundation

162 Cal. App. 2d 513 · California Court of Appeal · Aug 1, 1958

is made clearly to appear either by express declaration or by necessary implication. … The Trial Court Properly Removed Memorial National Home Foundation as Trustee of Charitable Assets,” and concludes: “This respondent concludes that the evidence and the law clearly supports the decree and the procedure by