Case law

Swartzman v. Superior Court

231 Cal. App. 2d 195 · California Court of Appeal · Dec 14, 1964

Clearly, it provides a method for shortening formalities in appropriate cases by direct application to the court. In County of San Mateo v. … Clearly, petitioners sought to play their hand with their cards close to the chest while demanding tliat their opponent play its cards face up from the table.

People v. Superior Court (Reed)

98 Cal. App. 3d 39 · California Court of Appeal · Oct 24, 1979

Defendant claims immunity from the second alternative, by reason of his statutory immunity from the first one, on the authority of a passage in Owen v. … The passage is inaccurate on its face because section 190 clearly does not limit punishment by life imprisonment without possibility of parole to “those who are subject to the death penalty.”

Wood v. County of San Joaquin

4 Cal. Rptr. 3d 340 · California Court of Appeal · Sep 5, 2003

waterskier would not be able to sue the public entity for not establishing proper boating and [water-skiing] areas.” … (See Osgood, supra, 50 Cal.App.3d at pp. 590-591 [where a plaintiff, stymied by an immunity, attempted to establish independent liability under § 815.6]; see 4 Cal. Law Revision Com. Rep., supra, at p. 841.)

People Ex Rel. Freitas v. City & County of San Francisco

92 Cal. App. 3d 913 · California Court of Appeal · May 11, 1979

Nevertheless, the challenged tie-in was held not to be immune from antitrust laws. … By contrast, a Sherman Act immunity was found in Bates v.

Bertsch v. Mammoth Community Water District

247 Cal. App. 4th 1201 · California Court of Appeal · Jun 1, 2016

With respect 2 Aside from primary assumption of risk, Sierra Star’s motion also claimed plaintiffs’ lawsuit was barred because Sierra Star qualified for immunity under Civil Code section 846, providing generally, … for the defense of design immunity under Government Code section 830.6.

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.

Mansell v. Otto

108 Cal. App. 4th 265 · California Court of Appeal · Apr 29, 2003

The doctor demurred on the ground the litigation privilege applied to immunize him from civil liability. … Moreover, the police officer defendants in these decisions were acting under state color of authority, and thus are at maximum entitled to only a qualified immunity (Malley v.

Board of Pilot Commissioners v. Superior Court

218 Cal. App. 4th 577 · California Court of Appeal · Aug 1, 2013

Nyborg and McIsaac moved to dismiss the complaint, on the ground that they were state officials immune from suit. … As to the Board, to prevail, PMSA must establish that the files (1) qualify as public records and (2) were in the possession of the Board. (Consolidated Irrigation Dist. v.

Redevelopment Agency v. San Diego Gas & Electric Co.

4 Cal. Rptr. 3d 317 · California Court of Appeal · Aug 28, 2003

The express purpose of the Act was to give redevelopment agencies qualified immunity so as to encourage and enable them to clean up contaminated property. … Without the qualified immunity, redevelopment agencies undertaking cleanup efforts could become a “responsible party,” with potential deep-pocket liability for the entire waste or spill site. (Ibid.)

People v. Alcocer

230 Cal. App. 3d 406 · California Court of Appeal · Apr 30, 1991

He said that Deputy District Attorney Zonen briefly discussed immunity with him but that he did not understand it clearly. He thought he could say anything and not “get in trouble.” … He told Zonen that he did not think he needed immunity at that time.

Acosta v. Los Angeles Unified School District

31 Cal. App. 4th 471 · California Court of Appeal · Jan 10, 1995

In California it has been “long established that a school district bears a legal duty to exercise reasonable care in supervising students in its charge and may be held liable for injuries proximately caused by the failure … A court will not conclude the Legislature “intends to overthrow long-established principles of law unless such intention is made clearly to appear either by express declaration or by necessary implication.”

Crum v. Compton Unif. School Dist. CA2/2

California Court of Appeal · Mar 5, 2014

Moran’s right to denounce her employer’s outreach program was not clearly established, thus qualified immunity protected her employer from civil damages. (Ibid.) … her burden of alleging that the rights she claims were, at the time of her dismissal, so clearly established as to preclude a finding of qualified immunity.

Mansur v. City of Sacramento

39 Cal. App. 2d 426 · California Court of Appeal · Jun 5, 1940

of citizens, be granted privileges or immunities which, upon the same terms, shall not be granted to all citizens.” … In this ease the solution of the problem of unemployment is advanced as the necessity for the distinction sought to be established by the charter provision.

Friends of Westwood, Inc. v. City of Los Angeles

191 Cal. App. 3d 259 · California Court of Appeal · Mar 27, 1987

Anything governmental employees do in implementing that general policy is deemed ministerial and thus not immune from tort liability. … But it clearly also would not have been an abuse of the city’s discretion to have refused to do so.

Maughan v. GOOGLE TECHNOLOGY, INC.

49 Cal. Rptr. 3d 861 · California Court of Appeal · Oct 11, 2006

For these reasons, Google retained experienced and qualified lawyers (Quinn Emanuel Urquhart Oliver Hedges, LLP) with expertise about both the substantive and procedural issues raised by Maughan's complaint. … Schwar and myself, on the thorough and complete representation of our client, was 50 hours. [¶] Although the opposition was clearly unsuccessful, the court was moved to comment that both [Google's] and [Maughan's] oppositions

People v. Hill

19 Cal. App. 3d 306 · California Court of Appeal · Aug 18, 1971

Evidence of defendant’s subsequent narcotics offense was clearly *320 admissible to show guilty knowledge, motive, intent or presence of common scheme and design (People v. … Furthermore, the purported testimony concerned only the impeachment of the prosecution witness Stevenson on the collateral matter of proof of other crimes to establish intent, etc., and in view of the overwhelming evidence

Jamgotchian v. Slender

170 Cal. App. 4th 1384 · California Court of Appeal · Feb 9, 2009

“On the other hand, we have concluded that the discretionary act statute does immunize officials and agencies against claims that they unreasonably delayed regulations under which a murdered security guard might have qualified … The undisputed facts do not establish that Slender was entitled to the protection of quasi-judicial immunity if he committed a trespass to chattels. III.

Lieberman v. KCOP Television, Inc.

1 Cal. Rptr. 3d 536 · California Court of Appeal · Jul 3, 2003

We turn to the first question of whether Lieberman’s complaint qualifies for treatment under section 425.16. … Subdivision (e) of that section includes four separate categories of acts which qualify for treatment under the section.

Naegele v. RJ Reynolds Tobacco Co.

96 Cal. Rptr. 2d 666 · California Court of Appeal · Oct 18, 2000

In support of the demurrers, respondents asked the court to take judicial notice of answers to interrogatories establishing that Brigham was diagnosed with lung cancer in October 1996 and Pavolini was diagnosed with lung … Again, established principles guide our analysis. A statute has retroactive or retrospective effect if it substantially changes the legal effect of past events. ( Kizer v.

Barnhart v. Cabrillo Community College

90 Cal. Rptr. 2d 709 · California Court of Appeal · Dec 2, 1999

Plaintiffs’ trip clearly falls within the broad category of a school-sponsored activity given that participation in an extracurricular sports program is part of the school curriculum. (See Hartzell v. … If so, then there is immunity.