Case law

Aghaian v. Minassian

234 Cal. App. 4th 427 · California Court of Appeal · Feb 17, 2015

However, all laws must not be in direct conflict with clearly defined Islamic tenets. … Further, Crawson 6 opined that Iranian courts are corrupt and do not guarantee the right to representation by a qualified lawyer.

Young v. City of Coronado

10 Cal. App. 5th 408 · California Court of Appeal · Apr 4, 2017

The purpose of the hearing was for the Commission to consider whether the property qualified as a historic resource pursuant to the historic designation criteria set forth in the CMC.1 In conjunction with the public hearing … However, the findings made by the administrative agency did not establish that a comparative analysis had been completed.

Washington v. BOARD OF SUPERVISORS OF SAN DIEGO CTY.

18 Cal. App. 4th 981 · California Court of Appeal · Sep 13, 1993

California Constitution, article I, section 1, establishes the right to "pursu[e] and obtain[] safety." … The new amendment is clearly in conflict with the standards set by the county ordinance.

People v. Fuqua

222 Cal. App. 2d 306 · California Court of Appeal · Nov 18, 1963

Tabizon (1958) 166 Cal.App.2d 271, 273 [ 332 P.2d 697 ]) and that element (2) was not established as to him. … In view of appellant's prior use of narcotics, these sounds were clearly sufficient to justify the inference that a felony had been committed and that an attempt to dispose of the evidence was being made.

Summerfield v. Randolph

201 Cal. App. 4th 127 · California Court of Appeal · Nov 28, 2011

We hold that the attorney’s affidavit, which was filed in a foreign court in order to influence the determination of *130 issues pending in a California court, qualifies for protection under the anti-SLAPP statute as a writing … Therefore, the action was clearly moot as to Topaz as well.

Denny's, Inc. v. Chicago Insurance

234 Cal. App. 3d 1786 · California Court of Appeal · Oct 16, 1991

Our interpretation of the insurance policies is guided by certain established principles of law. … However, the Comstock and Chicago policies qualify that language by stating that the excess insurers’ obligations attach only to *1794 sums in excess of the full amount of the underlying insurance coverage.

Kirkland v. Rappaport CA2/1

California Court of Appeal · Jul 31, 2014

Rappaport’s qualified analysis of the facts supplied by the officers who retained him sufficiently demonstrated that USAE had a viable claim for breach of fiduciary duty against Kirkland and Arnold. … In the case of a prelitigation communication the defendant need not establish the first two criteria for the privilege and the third and fourth criteria are established if the communication “relates to litigation that is

Almond Alliance of Cal. v. Fish and Game Com.

California Court of Appeal · May 31, 2022

Code,1 § 2050 et seq.) directs the Fish and Game Commission (Commission) to “establish a list of endangered species and a list of threatened species.” (§ 2070.) … Clearly, because the appellate court in W. W.

Burdick v. Board of Retirement

200 Cal. App. 3d 1248 · California Court of Appeal · May 2, 1988

(Italics added.) 3 IV “The right to a pension is among those rights clearly ‘favored’ by the law.” (Hittle v. … Code), title 2, section 7293.8, subdivision (d), adopted in 1980, provides: “ . . . it is no defense to assert that a qualified handicapped individual has a condition or a disease with a future risk, so long as the condition

People v. Ayon

46 Cal. App. 4th 385 · California Court of Appeal · Jun 13, 1996

(b)-(i)), observed; “The statute clearly mandates that each count of a multiple count conviction will be sentenced independently under section 667, subdivision (e).” … Imposition of a five-year enhancement for a prior conviction brought and tried with other priors that were used to qualify as strikes does not constitute a prohibited dual use of such conviction.

All of Us or None etc. v. Hamrick

California Court of Appeal · May 26, 2021

marijuana offenses be destroyed within two years of a qualifying conviction. … Plaintiffs contend that “documents re-prepared by [defendants] clearly show that the arrest or conviction did occur.”

Leslie O. v. Superior Court

231 Cal. App. 4th 1191 · California Court of Appeal · Nov 25, 2014

Each offered important firsthand information he or she was qualified to provide. … Contrary to Thomas’s argument, Adams does not establish a low watermark which dictates that only evaluators who fall below it should be disqualified and all others should be immunized from removal.

People v. Johnson

California Court of Appeal · May 23, 2014

However, that rule did not apply in Totari: “[T]he Legislature has established specific requirements for a motion to vacate under section 1016.5. … An erroneous finding of noneligibility clearly would affect Johnson’s substantial rights.

People v. Ortega

2 Cal. App. 3d 884 · California Court of Appeal · Dec 19, 1969

Adrian LaGrave who qualified as a narcotics expert, testified that he had talked with Aiken on June 10, 1968, and had examined him physically. … In the present case, the burden of proof is on the People of the State of California to establish every part of it beyond a reasonable doubt.

Sager v. County of Yuba

68 Cal. Rptr. 3d 1 · California Court of Appeal · Oct 10, 2007

Appellant clearly has emotional and mental conditions which adversely affect her exercise of the powers of a peace officer, thereby subjecting the public to significant risk.” … The statement of decision recites: “The issue presented at the administrative hearing required competent evidence from an expert witness, namely a qualified psychologist or psychiatrist.”

Thurman v. Bayshore Transit Management, Inc.

203 Cal. App. 4th 1112 · California Court of Appeal · Feb 27, 2012

We disagree that section 558 provides for a civil penalty of $50 or $100 only, and that it clearly excludes underpaid wages from the civil penalty. … These are clearly provisions “regulating hours” under the plain meaning of that phrase as used in section 558.

ComputerXpress, Inc. v. Jackson

113 Cal. Rptr. 2d 625 · California Court of Appeal · Nov 15, 2001

We have little difficulty concluding that the filing of the complaint qualified at least as a statement before an official proceeding. … ComputerXpress ’ s possible securities law violations qualified as an issue of public interest to the investing public just as its management and performance did.

Stickel v. Harris

196 Cal. App. 3d 575 · California Court of Appeal · Nov 24, 1987

Clearly, ratification did occur. … Various authorities cited by defendants are clearly distinguishable and do not affect our conclusion. Froid v.

L.A. County Professional Peace Officers Assn. v. County of L.A.

California Court of Appeal · Apr 10, 2026

department to another or to another agency, Management will make an intensive 3  effort to either reassign or transfer affected employees to other position for which they qualify … rejected this claim, PPOA did not raise it in its petition for writ of mandate, and it is not at issue in this appeal. 5 clarifying that “the burden of proof” is with “the County [to] establish

Physicians & Surgeons Laboratories, Inc. v. Department of Health Services

6 Cal. App. 4th 968 · California Court of Appeal · May 20, 1992

He qualified as an expert witness in *976 lab management and testified as to the broader picture of lab management and billing practices and trends. … The purpose of Medi-Cal “is to afford to qualifying individuals health care and related remedial or preventive services, . . .” (§ 14000.)