Case law

People v. Romo

47 Cal. App. 3d 976 · California Court of Appeal · Apr 9, 1975

Kim Treharne was granted immunity to testily at the trial. Prior to trial, a motion to sever, pursuant to section 1098 of the Penal Code, was made by DeWitt. … Under circumstances where no clear evidence of joint action, or other evidence under which the conviction could clearly stand, is presented, the court established the procedures to be followed: “When the prosecution proposes

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.

Patterson v. ITT Consumer Financial Corp.

14 Cal. App. 4th 1659 · California Court of Appeal · Apr 19, 1993

On both versions of the form the provision was clearly titled “Arbitration.” None of the preprinted clauses had been modified in any manner, which suggests that they were nonnegotiable. … These plaintiffs were individuals of modest resources who believed they would not have qualified for a conventional loan from a bank.

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

Previte v. Lincolnwood, Inc.

48 Cal. App. 3d 976 · California Court of Appeal · Jun 9, 1975

The first is that the plaintiffs have totally failed to establish any-of the allegations of their complaint. … The issue of liability has been established and need not be again tried.

In Re Marriage of Webb

94 Cal. App. 3d 335 · California Court of Appeal · Jun 21, 1979

When a policeman who is retired for incapacity reaches the age at which he would have qualified for service or longevity retirement but for his disability, his retirement allowance is recalculated. … The court also established a ratio between the years of the Stenquists’ marriage until the husband’s retirement and his total years of military service.

Dickerson v. Dept. of Corrections and Rehabilitation CA5

California Court of Appeal · Apr 19, 2021

“[T]here are three elements necessary to establish the liability of a public entity under section 815.6: (1) A mandatory duty imposed on the public entity by an enactment; (2) the enactment was designed to protect against … Each of the grounds involved subjective, rather than objective, criteria and called for the use of judgment in determining whether an inmate qualified. (Ibid.)

People v. Lehman CA1/1

California Court of Appeal · Nov 19, 2015

As to counts 50 and 51, defendant argues there was insufficient evidence to establish that he harbored the requisite intent. … Specifically, the former one strike law stated that offenses qualifying for indeterminate sentencing included: “A violation of subdivision (a) of Section 288, unless the defendant qualifies for probation under subdivision

Long Beach Lesbian & Gay Pride, Inc. v. City of Long Beach

14 Cal. App. 4th 312 · California Court of Appeal · Mar 19, 1993

Section 5.60.080 thus fully qualifies as a valid time, place and manner regulation of parades. … LBLGP has not carried its burden of establishing a right to judgment on this claim.

Concerned Citizens of Calaveras County v. Board

166 Cal. App. 3d 90 · California Court of Appeal · Mar 26, 1985

Nonetheless, before 1982, California courts had recognized that general plans were not immune from review by courts. … The Board may wish to establish correlation and consistency by amending the land use element, the circulation element, or both.

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 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. Barry

153 Cal. App. 2d 193 · California Court of Appeal · Aug 14, 1957

Section 3119 of the Civil Code states that the addition of the words “without recourse” or any other words of similar import creates a qualified indorsement. … Section 3146 of the Civil Code lists the warranties created by a qualified indorsement.

People v. Dickson

144 Cal. App. 3d 1046 · California Court of Appeal · Jul 15, 1983

Officer Pytel clearly was not chasing a felon who had fled into the residence from which he detected the odor of ether. … The warrantless entry for purpose of effecting a warrantless arrest would clearly fail under People v.

Cordero v. Ghilotti Construction Co., Inc.

California Court of Appeal · Apr 10, 2026

The owner clearly “retained control” of the roof but that was immaterial, as workplace safety had presumptively been delegated to the contractor. … Other courts . . . held that if the breach is merely an omission, that breach alone cannot qualify as the ‘affirmative[] contribut[ion]’ required for liability under Hooker. . . .

People v. Williams

196 Cal. App. 2d 845 · California Court of Appeal · Nov 14, 1961

Defendant contends the evidence is insufficient to establish his possession of narcotics at Mrs. … As to this particular amount of heroin, the corpus delicti was clearly established without resorting to his subsequent admissions.

Hodges v. Cedars-Sinai Medical Center CA2/8

California Court of Appeal · Apr 28, 2023

Henderson was not an expert qualified to offer it. Indeed, Dr. … Its policy applied to all employees except those with a qualifying religious or medical exemption. Cedars viewed plaintiff as having no qualifying exemption.

Stanley Consultants, Inc. v. Superior Court

77 Cal. App. 3d 444 · California Court of Appeal · Jan 26, 1978

In order to locate such a port manager, petitioner contacted the American Association of Port Authorities in Washington, D.C., and received the names of several qualified individuals including that of real party in interest … The record fails factually to establish minimum contacts by petitioner with respect to the cause of action alleged in the complaint.

Art Colony Property v. Tidwell CA2/8

California Court of Appeal · Nov 15, 2024

The court ruled that plaintiff’s evidence established that the property was not subject to the Tenant Protection Act’s limits, and the landlord “was entitled to establish the initial unassisted rental rate for units in the … The mere existence of another lawsuit involving the same parties does not immunize statements or conduct unrelated to the issues in that lawsuit. (Cf.

People v. Blair

191 Cal. App. 3d 832 · California Court of Appeal · May 1, 1987

Howard was granted immunity and testified that he and defendant committed each of the burglaries just discussed. … In the case before us, the reconsideration of the verdict was clearly initiated by the jury itself.