Case law

People v. Bryant

California Court of Appeal · Sep 27, 2019

A court may also consider nondiscriminatory reasons for a peremptory challenge that are apparent from and ‘clearly established’ in the record [citations] and that necessarily dispel any inference of bias.” … established’ in the record.”

Solsby v. Plaza Bank CA4/3

California Court of Appeal · Feb 17, 2015

Solsby argues the court erred in granting summary judgment because (1) only a bankruptcy court can relieve the Bank of its obligations established by contract; (2) Solsby’s right to the payments was “vested,” and thus cannot … And the answer to that question is clearly yes.

Prue v. Brady Co./San Diego, Inc.

California Court of Appeal · Dec 11, 2015

The California Supreme Court has "established a set of requirements that a policy must satisfy to support a tortious discharge claim. … To establish a cause of action for disability discrimination in violation of FEHA's public policy, a plaintiff must show: "(1) plaintiff suffers from a disability; (2) plaintiff is a qualified individual; and (3) plaintiff

Friends of Old Trees v. Department of Forestry & Fire Protection

52 Cal. App. 4th 1383 · California Court of Appeal · Feb 25, 1997

In such a scenario, the hearing requirement of section 21168 is clearly met and the Board's ultimate approval or rejection of the THP is subject to judicial review under the mandate procedure established by Code of Civil … Where, as here, the record clearly shows a person is making predictions that he is not qualified to make, I believe a court should ignore those predictions and defer to the administrative agency's findings. (Cf.

People v. Griffin

98 Cal. App. 2d 1 · California Court of Appeal · Jun 10, 1950

Grange then told McCarty that he (Grange) had personal connections in the state or friends in the attorney general’s office who could guarantee immunity from any trouble. … We have already considered the quantum of proof necessary to establish the corpus delicti.

People v. Brooks

234 Cal. App. 2d 662 · California Court of Appeal · May 26, 1965

The pendency of one charge may give rise to privileges and immunities of freedom from harassment concerning that charge, but it does not confer a license to commit similar offenses without accountability. … The court qualified the foregoing as follows: “The appellant’s further argument that an effect of the testimony of the probation officer was to disclose to the jury that he had been convicted of the charged offense in a prior

Cruise v. Kroger Co.

California Court of Appeal · Aug 27, 2014

“Under the terms of the Policy, paragraph 7, ‘the “Qualified Arbitrator” must be a retired state or federal judge,’ . . . … and retaliation, as well as her common law claims for wrongful termination in violation of public policy, intentional infliction of emotional distress and defamation, are all “employment-related disputes” and therefore clearly

Karuk Tribe of Northern California v. California Regional Water Quality Control Bd., North Coast Region

183 Cal. App. 4th 330 · California Court of Appeal · Mar 30, 2010

This estimation is clearly no longer tenable after California v. FERC. *357 Calif. … That plaintiffs do not qualify as successful parties can be demonstrated at a more elemental level, while also establishing that they do not satisfy two of the other criteria for an award of fees under section 1021.5.

Brown v. Fairbanks

121 Cal. App. 2d 432 · California Court of Appeal · Nov 23, 1953

A special or qualified partnership under section 2351, et seq. of the Public Resources Code was not formed for the reason that Fairbanks did not own any interest in the mine at the time of the making of the agreement to do … The evidence does not clearly establish any unjust enrichment or what the ultimate value of the mine may prove to be. Judgment affirmed. Barnard, P. J., and Mussell, J., concurred.

Caligari v. Superior Court

98 Cal. App. 3d 725 · California Court of Appeal · Oct 15, 1979

The California Supreme Court clearly indicated that it must in Price v. … J., and Hopper, J., concurred. 1 In the trial court, respondent had argued that informant was a reliable and credible informant because he qualified as a citizen informant.

People v. Millan

California Court of Appeal · Feb 13, 2018

[evidence that defendant was under arrest and in handcuffs did not establish that defendant had not freely consented to search].) … Further, the trial court clearly expressed an intention to impose a total aggregate fine above the statutory minimum of $300.

Sternoff v. State Board of Equalization

103 Cal. App. 3d 828 · California Court of Appeal · Mar 26, 1980

Four, requirements are established by the regulation which, if satisfied, will permit a packer to qualify as a seller of the container and thus escape the imposition of sales tax on its acquisition of the containers or of … This regulation represents the Board’s attempt to establish objective criteria for determining the “true object of the contract” as between “packers” and their customers.

Newhall v. Newhall

227 Cal. App. 2d 800 · California Court of Appeal · Jun 15, 1964

Upon the rejection of such claims by defendant executrix, plaintiff on March 5, 1959, commenced the instant “action in equity to establish claims.” … obligations of a decedent survive as charges against his estate and may aggregate sufficiently to consume it entirely leaving nothing upon which either testamentary disposition or the laws of succession may operate, does not immunize

People v. Azcona

California Court of Appeal · Jan 11, 2021

The expert acknowledged he was aware of the reports but disagreed with them, and thought the authors were not qualified to conduct firearms analysis. … Similarly, I agree that the trial court clearly erred when it admitted the expert’s hearsay statements regarding his supervisor’s approval and agreement with the expert’s opinion.

People v. Schiers

160 Cal. App. 2d 364 · California Court of Appeal · May 12, 1958

Officer Jones qualified as an expert witness on the subject of forensic chemistry. … Since the error was prejudicial because of its impact on the jury, the judgment of conviction should be reversed even though other evidence clearly established defendant's guilt.

Gonzalez v. Superior Court

33 Cal. App. 4th 1539 · California Court of Appeal · Apr 11, 1995

"San Fernando Police Department Manual of Policies and Procedures Section 10020.35, Compliance with Lawful Orders, states, [¶] The Department has [a] clearly defined hierarchy of authority. … Superior Court (1992) 7 Cal.App.4th 1384 , 1391 [ 9 Cal.Rptr.2d 709 ] [a party relying on the qualified privilege afforded to trade secrets who refuses to respond to a discovery request must establish the existence of a trade

Wellpoint Health Networks, Inc. v. Superior Court of Los Angeles County

59 Cal. App. 4th 110 · California Court of Appeal · Nov 13, 1997

In most cases, this is established by a showing that complaints about the harassment were lodged with the employer. … Bowe’s investigation clearly falls within the purview of attorney activity. Consequently, the court finds that Mr.

Calabrese v. Rexall Drug & Chemical Co.

218 Cal. App. 2d 774 · California Court of Appeal · Jul 31, 1963

We are inclined to agree, but we find the contract to be clearly to the effect that the notes should be delivered to plaintiffs. … Ordinarily an indorsement without recourse (a qualified indorsement) implies certain warranties specified in section 3146, Civil Code.

City of Morgan Hill v. Bushey

California Court of Appeal · May 30, 2017

Although Coalition’s referendum had properly qualified for placement on the ballot, City claimed that the referendum was invalid because, if the electorate rejected the ordinance, it would create an inconsistency between … Consequently, the existence of section 65860 does not establish the invalidity of Coalition’s referendum. 4 The Fourth District’s decision in City of Irvine v.

People v. Smith

4 Cal. App. 3d 403 · California Court of Appeal · Feb 16, 1970

At the preliminary hearing Janet Earl (Janet) was called as a witness for the People and after refusing to testify on the grounds of possible self-incrimination she was granted immunity pursuant to the provisions of section … A review of the record clearly demonstrates that counsel for defendant elicited sufficient information that could have led only to the inescapable conclusion that the witness was involved in the use of hard narcotics.