Case law

Jones v. Toyota Motor Co.

198 Cal. App. 3d 364 · California Court of Appeal · Feb 2, 1988

Because of a demonstrated relationship between blood alcohol level, reaction time and coordination, the Legislature has established rebuttable presumptions of whether a defendant is under the influence for purposes of the … In carving out this exception to the general rule of civil immunity, the Legislature did not mean to create this *370 anomalous result. (See Strang v.

Schlumberger Limited v. Superior Court

115 Cal. App. 3d 386 · California Court of Appeal · Jan 28, 1981

Superior Court (1980) 111 Cal.App.3d 390, 392-393 [ 168 Cal.Rptr. 589 ]: “Clearly, in an attorney breach case this exception applies only where the alleged breach is by the attorney from whom the information is sought. … III Code of Civil Procedure section 2016, subdivision (b), establishes a qualified privilege against discovery of general work product of an attorney, and an absolute privilege against discovery of writings reflecting an

People v. Amos CA1/3

California Court of Appeal · Mar 14, 2025

7 “court may look at the record of conviction, which will necessarily inform its ‘prima facie inquiry under section [1172.6], allowing the court to distinguish petitions with potential merit from those that are clearly … As the Lopez court explained, Senate Bill 1437 did not eliminate or amend provisions in section 189, subdivision (a), which establish that a murder committed “in the perpetration of” a qualifying felony constitutes first

Addy v. Bliss & Glennon

44 Cal. App. 4th 205 · California Court of Appeal · Apr 8, 1996

The responsibility of the defendant is to ‘clearly set forth, through the introduction of admissible evidence, the *216 reason for the plaintiff’s rejection.’ (Id. at p. 255 [ 67 L.Ed.2d at p. 216 ], fn. omitted.) … In addition, for Addy to make a prima facie showing that she might have been hired for the position had it not been for unlawful discrimination, she would have had to show she was qualified for the position and that the position

California Emergency Physicians Medical Group v. PacifiCare

4 Cal. Rptr. 3d 583 · California Court of Appeal · Sep 5, 2003

The term “delegate” has a specific meaning for licensees like health care service plans, which is expressed in the context of the “well-established rule of nondelegable dut[y] of licensees.” … A third party may qualify as a beneficiary under a contract where the contracting parties must have intended to benefit that third party and such intent appears on the terms of the contract. [Citation.]

Placencia v. Strazicich

California Court of Appeal · Nov 26, 2019

The express terms of the account bear particular importance for the financial institution that holds the account: CAMPAL contains a safe harbor that immunizes a financial institution for payments it makes in compliance with … She established a living trust that expressly stated her intention to give the savings account to [the trust beneficiary].

People v. Cervantes

9 Cal. App. 5th 569 · California Court of Appeal · Mar 9, 2017

Clear intent, clearly expressed, is decisive. … Null (Iowa 2013) 836 N.W.2d 41, 71 (Null) [52.5 years is de facto life sentence even though evidence “does not clearly establish that [the defendant’s] prison term is beyond his life expectancy,” but rather may “come within

Spotlight on Coastal Corruption v. Kinsey

California Court of Appeal · Nov 24, 2020

To uphold the ruling conferring public interest standing, Spotlight claims the trial court “clearly found—as a matter of fact—that [the Complaint] was sufficient to seek a writ of mandate, which finding is clearly supported … This court considered the interaction between government immunity “for any injury caused in fighting fires” in Government Code section 850.4 and an exception to that immunity in Vehicle Code section 17001 for injuries caused

Family Health Centers of San Diego v. State Dept. of Health Care Service

California Court of Appeal · Oct 29, 2021

This case concerns the determination of a reasonable reimbursement rate for a federally qualified health center (FQHC) participating in the Medi-Cal program. … For example, the contracts involving San Diego State University Research Foundation clearly show that a substantial percentage of the subcontractor’s total compensation was related to matters involving collaboration and communication

People v. Superior Court of Orange County

1 Cal. App. 5th 892 · California Court of Appeal · Jul 25, 2016

a litigant uncontrolled power to dislodge without reason or for an undisclosed reason, an admittedly qualified judge from the trial of a case in which forsooth the only real objection to him might be that he would be fair … The Supreme Court condemned blanket challenges, but nonetheless concluded that abuse of section 170.6 did not “vitiate[] the statute” because “ ‘the Legislature clearly foresaw that the peremptory challenge procedure would

Foroudi v. The Aerospace Corporation

California Court of Appeal · Nov 24, 2020

In support, Aerospace submitted evidence establishing the facts summarized above. … It is not enough, therefore, for Foroudi to show he was more qualified than Nuth for his former position.

Vivian v. Labrucherie

214 Cal. App. 4th 267 · California Court of Appeal · Mar 7, 2013

“Unlawful or criminal activities do not qualify as protected speech or petition activities under the anti-SLAPP statute. [Citations.] … First, the agreement on which plaintiff relies does not clearly prohibit the conduct that plaintiff challenges.

Paulson v. Abdelnour

51 Cal. Rptr. 3d 575 · California Court of Appeal · Nov 30, 2006

The transfer does not violate the First Amendment establishment clause or article I, section 4 establishment clause. … The text of 0-19378 states: “Introduction and adoption of an Ordinance submitting to the qualified voters of the City of San Diego at a Special Municipal Election, one Proposition regarding whether or not the City shall donate

Shephard v. Loyola Marymount University

125 Cal. Rptr. 2d 829 · California Court of Appeal · Oct 3, 2002

Only where the evidence establishes a contract of employment is such inference reasonably to be drawn. [Citation.]” (Id. at p. 467.) … These rules clearly provide that plaintiff was not a school employee.

Sessions Payroll Management, Inc. v. Noble Construction Co.

101 Cal. Rptr. 2d 127 · California Court of Appeal · Oct 31, 2000

as if he were a party to it, when a plaintiff would clearly be entitled to attorney’s fees should he prevail in enforcing the contractual obligation against the defendant.” ( 25 Cal.3d at p. 128 .) … It is also true that a party not named in the contract may qualify as a beneficiary under it where the contracting parties must have intended to benefit the unnamed party and the agreement reflects that intent.

Espinoza v. Shiomoto

10 Cal. App. 5th 85 · California Court of Appeal · Mar 24, 2017

, and therefore there can be no qualified refusal or conditional refusal to take the test.’ … Instead, McNeely conferred a passive or negative right on motorists to be free from warrantless, coerced blood tests unless the police can establish the existence of exigent circumstances.

In Re Social Services Payment Cases

166 Cal. App. 4th 1249 · California Court of Appeal · Sep 16, 2008

; and courts will not depart from such construction unless it is clearly erroneous or unauthorized.’ … Appellant’s Allegations Failed to Establish That the DSS Was Estopped to Rely on the Statutory Scheme. In the FAMC, appellants sought to establish that the DSS was estopped to deny payment of the ARM rates.

People v. D.D.

234 Cal. App. 4th 824 · California Court of Appeal · Feb 23, 2015

Section 29650 prohibits minors from possessing live ammunition, and section 29655 establishes exceptions similar to those in section 29615. … D.D., as a minor, possessed a firearm or ammunition in violation of sections 29610 and 29650—which under the authority of M.G. is insufficient to qualify the offense as a mandatory felony under subdivision (c)(4) of either

In re T. O. CA2/6

California Court of Appeal · Jul 24, 2014

She was up to date on her immunizations and had been seen as needed by pediatricians and dentists. … The grant or denial of a section 388 petition is committed to the sound discretion of the trial court and will not be disturbed on appeal unless an abuse of discretion is clearly established.

Truck Ins. Exchange v. AMCO Ins. Co.

California Court of Appeal · Oct 26, 2020

The court rejected AMCO’s reasoning, stating, “AMCO’s statement of the issue does not comport with general established insurance law. … The court found the employee’s injury “clearly ‘arose out of’ the work he was performing on the roof of Syufy’s building.