Case law

Robertson v. Rodriguez

36 Cal. App. 4th 347 · California Court of Appeal · Jun 29, 1995

With respect to Rodriguez’s reliance on the civil compromise in his moving declaration, Robertson contended the document clearly and equivocally illustrated any charge was dissolved by the civil compromise and there was no … Court, supra, 27 Cal.App.4th at pp. 823-825.) 4 New York Times Co. held the First Amendment’s guarantees of freedom of speech and of the press, as applied to the states by the Fourteenth Amendment, require a defense of qualified

The People v. McCall

214 Cal. App. 4th 1006 · California Court of Appeal · Apr 18, 2013

Our Supreme Court held the specific statute clearly controlled over the general one. (Id. at p. 654.) … A person is qualified for a midwifery license only after meeting specified educational and clinical practice requirements. (§ 2512.5.)

Taylor v. County of Contra Costa

48 Cal. App. 4th 1709 · California Court of Appeal · Aug 30, 1996

This definition clearly includes nonresponsible relatives. The discussion in Freitas leaves no doubt on this point. … However, the court pointed out that “under [the federal] definition, Freitas’s father is clearly a member of Freitas’s ‘family unit.’” (Id. at p. 169.)

People v. Thompson

California Court of Appeal · Sep 12, 2022

And the trial court clearly announced that it would “not allow” the fable. Once impaneled, the jury was instructed “not [to] let bias, sympathy, prejudice or public opinion influence [its] decision.” … During an Evidence Code section 402 hearing outside the presence of the jury, Woods invoked his Fifth Amendment privilege against self-incrimination in response to the prosecution’s questions and was granted use immunity

Solorzano v. Superior Court

10 Cal. App. 4th 1135 · California Court of Appeal · Nov 2, 1992

Where, as here, Congress regulates a field historically within the police powers of the states (public health), the party asserting preemption must establish “that preemption was the ‘clear and manifest purpose of Congress … Disposition Congress clearly recognized the need for state and local assistance in regulating the marketing of HMO’s and other supplemental health care packages to the elderly and disabled and, quite the opposite of intending

Estate of Buckley

132 Cal. App. 3d 434 · California Court of Appeal · May 28, 1982

Mullane established that published notice is violative of due process as to known beneficiaries whose whereabouts are also known. … Clearly, the foregoing statement contained in the petition to vacate orders does not amount to an admission that respondent Doyle Bibb is not qualified to act as executor or that respondent Bibb has any interest or bias which

Falcon v. Long Beach Genetics, Inc.

224 Cal. App. 4th 1263 · California Court of Appeal · Mar 21, 2014

The plaintiff argued there was "no question" her injuries were "clearly foreseeable and in fact foreseen" by the defendant. (Ibid.) … This result does not, as plaintiffs argue, "afford[ ] absolute immunity to DNA paternity testers . . . ." (Some capitalization omitted.)

Turman v. Turning Point of Central California, Inc.

191 Cal. App. 4th 53 · California Court of Appeal · Nov 23, 2010

FEHA establishes liability where nonemployees sexually harass an employee and the employer does not take action to alleviate the harassment. … In Freitag , the defendant argued that “prisons, due to their distinctive character and problems, and in particular their ‘inherently hostile environment,’ [should be] immune from lawsuits by correctional officers arising

Center for Biological Diversity v. Department of Fish & Wildlife

234 Cal. App. 4th 214 · California Court of Appeal · Feb 10, 2015

The EIR 18 concludes this population is clearly experiencing a significant impact. … A third rejected alternative was to establish permanent stocking closures.

County of Alameda v. Superior Court

194 Cal. App. 3d 254 · California Court of Appeal · Aug 20, 1987

It is also well established, however, that the right to privacy is not absolute, but may yield in the furtherance of compelling state interests. [Citations.]” (Ibid.) … By that language, “the Legislature clearly intended to abolish common law privileges and to keep the courts from creating new nonstatutory privileges as a matter of judicial policy. [Citations.]

Munoz v. City of Union City

16 Cal. Rptr. 3d 521 · California Court of Appeal · Aug 17, 2004

However, the Supreme Court clearly did not adopt the view that because all entities, public and private, must act through individuals, that suffices to establish direct liability. … The federal causes of action were held to be barred by the officers’ qualified immunity, because the use of deadly force was reasonable. (Martinez, supra, 47 Cal.App.4th at p. 344 .)

Shin v. Office of the State Long-term Care Ombudsman CA2/1

California Court of Appeal · Jul 29, 2024

The defendants again demurred, arguing that they are immune from liability and that they owed no mandatory duty to Sun Hyang under the statute. … Because he was not legally qualified to bid on projects for the transit agency, the plaintiff could not claim to have been injured by the manner with which the agency selected the winning bids. (Ibid.)

Juran v. Epstein

23 Cal. App. 4th 882 · California Court of Appeal · Mar 24, 1994

The letter clearly states Charlotte “hopes” David would abide by her wishes. … Equally important, David ignores the well-settled principle that courts should not presume the Legislature intended “to overthrow long-established principles of law unless such intention is made clearly to appear either by

Angol v. Los Angeles Community College Dist. CA2/5

California Court of Appeal · Mar 3, 2016

held qualify as jurisdictional—both in the fundamental sense, and as acts in excess of jurisdiction: ‘[C]onvicting an unrepresented accused or prosecuting a person who has been granted immunity from such prosecution. … (Recommendations Relating to Sovereign Immunity, supra, p. 1016.)

Jones v. Quality Coast

California Court of Appeal · Mar 23, 2021

“To qualify as an exempt executive, administrative or professional employee . . . , an employee must be compensated on a salary basis . . . .” (29 C.F.R. § 541.600(a).) … Code of Civil Procedure, a prevailing defendant shall not be awarded fees and costs unless the court finds the action was frivolous, unreasonable, or groundless when brought, or the plaintiff continued to litigate after it clearly

People v. Ford CA1/4

California Court of Appeal · Mar 19, 2026

Salazar (2023) 15 Cal.5th 416, 426, fn. 5 [noting that the Attorney General conceded that “there is at least an affirmative indication in the record that Salazar may have suffered a qualifying trauma and that such qualifying … Here, the record clearly establishes that Ford was suffering from symptoms of a diagnosed mental illness at the time of the offense.

Aguilar v. Johnson

202 Cal. App. 3d 241 · California Court of Appeal · Jun 17, 1988

Clearly, this section allows the Chief to delay investigation where the facts of an individual case indicate this is the more prudent course. … The *252 claim is clearly without merit.

Keim v. D. B. Berelson & Co.

105 Cal. App. 2d 154 · California Court of Appeal · Jun 27, 1951

An objection to evidence upon the ground that it is incompetent, irrelevant and immaterial is too general to present the question whether the subject is proper for expert testimony or that the witness is qualified (Bundy … Hearsay evidence, if admitted without objection, is sufficient to establish a fact. (Mercantile Trust Co. v. Sunset etc. Co., 176 Cal. 461, 466 [ 168 P. 1037 ].)

Ron Yates Construction Co. v. Superior Court

186 Cal. App. 3d 337 · California Court of Appeal · Oct 9, 1986

“It is well-established that a regulation cannot restrict or enlarge the scope of a statute. California Government Code sections 11373, 11374; see, also, 55 Ops. Cal. Atty. … 201 [ 51 Cal.Rptr. 403 ]: “It must be remembered that the doctrine of ejusdem generis ‘is only a rule of construction, to be applied as an aid in ascertaining the legislative intent, and that it does not control where it clearly

McCann v. City of San Diego

California Court of Appeal · Oct 8, 2021

‘Relevant personal observations of area residents on nontechnical subjects may qualify as substantial evidence . . . . [Citations.] … As it relates to CEQA, the Climate Action Plan states the plan “will serve as a Qualified GHG Reduction Plan for purposes of tiering under CEQA.”