Case law

People v. Granish

41 Cal. App. 4th 1117 · California Court of Appeal · Jan 11, 1996

Accident reconstruction testimony established the white Toyota was going 66 miles per hour when it struck the pickup truck, and 58 miles per hour when it struck Daugherty. … Section 237 provided in pertinent part: “(a) The names of qualified jurors drawn from the qualified juror list for the superior court shall be made available to the public upon request unless the court determines, pursuant

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

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.

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

Regents of University of California v. Superior Court

183 Cal. App. 4th 755 · California Court of Appeal · Apr 7, 2010

The absence of reliance as required to establish liability for deceit does not preclude the existence of a duty of care for purposes of negligence liability. … It was clearly foreseeable that plaintiffs would suffer severe emotional distress if they learned that their decedent's donated body was used and disposed in a manner contrary to the representations allegedly made to them

Los Angeles County Employees Ass'n v. County of Los Angeles

61 Cal. App. 3d 926 · California Court of Appeal · Sep 15, 1976

The letter explained that only six of the remaining UTO positions were funded and those six positions would be filled by “the 6 senior qualified Utility Tractor Operators in the Department.” … Rule 6.03(d) provides that when the director of personnel “has completed his classification findings he shall report and certify to the Commission that his findings were based on specifications established by the Commission

People v. Harris

270 Cal. App. 2d 863 · California Court of Appeal · Mar 21, 1969

Here, as in Chacon , the prosecution could have established the fact that appellant was a prisoner in a less prejudicial way than that used. … As such, it was clearly erroneous misconduct and should be . avoided on retrial.

First Amendment Coalition v. Super. Ct.

California Court of Appeal · Dec 29, 2023

Government Code section 7927.705 is “ ‘not an independent exemption’ ” to disclosure; rather, it “ ‘merely incorporates other prohibitions established by law.’ ” (Copley Press, Inc. v. … For purposes of this opinion only, we will assume the subpoenaed BPD records qualify as “private” records and information within the meaning of Government Code sections 11181 and 11183.

Hand v. City of Los Angeles

196 Cal. App. 2d 246 · California Court of Appeal · Oct 11, 1961

It might well be argued either that the public employer is relieved from per se negligence or imputed liability, and is still subject to common law negligence and its waiver of its common law immunity, or that it is liable … Therein it was said at pages 80-81: “However, it is doubtful whether section 543, supra, establishes any standard more specific than that of the care of a reasonably prudent man. ...

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 .)

People v. Robinson

California Court of Appeal · Nov 18, 2024

Robinson disagreed, arguing the grand jury proceedings should not be considered, and in any event, did not establish his ineligibility as a matter of law. … G.C. could not see the shooter clearly because of the age of the plastic window in the door but could tell that the shooter was Black, holding a gun, and aiming directly for him.

In Re Tanis H.

59 Cal. App. 4th 1218 · California Court of Appeal · Nov 20, 1997

noted, the scope of that discretion is broad: "This determination was committed to the sound discretion of the juvenile court, and the trial court's ruling should not be disturbed on appeal unless an abuse of discretion is clearly … established. ( In re Michael B. (1992) 8 Cal.

People v. Lint

182 Cal. App. 2d 402 · California Court of Appeal · Jul 5, 1960

The doctor qualified as an expert. He had had many years of experience and had performed hundreds of autopsies. … and the making of threats by the latter, are clearly without merit.

Los Angeles County Department of Children & Family Services v. Monique B.

159 Cal. App. 4th 428 · California Court of Appeal · Jan 28, 2008

The amendment added language obligating parents to exercise reasonable care, supervision, protection, and control over their children and established a publicly funded parental diversion program. … There is a strong presumption in favor of upholding a statute unless its unconstitutionality “ ‘ “clearly, positively, and unmistakably appears.” ’ ” (Williams, supra. 5 Cal.4th at p. 568 .)

Nunes Turfgrass, Inc. v. County of Kern

111 Cal. App. 3d 855 · California Court of Appeal · Nov 6, 1980

We believe clearly established rules of constitutional interpretation require that a term used in a constitutional amendment must be construed according to the meaning it had when the amendment was adopted. … Moreover, if this were a prong of the test, turf grass might qualify in light of its intangible nature during maturation.

People v. Corban

138 Cal. App. 4th 1111 · California Court of Appeal · Apr 21, 2006

The court rejected his argument that Vehicle Code statutes established a specific sentencing scheme for his offense that precluded imposition of the enhancement. … The court found that the Legislature “clearly intended Penal Code section 12022.7 to have broad application” (Sainz, supra, at p. 573 ), observed that certain crimes were expressly excluded from section 12022.7 (§ 12022.7

Roberti v. Andy's Termite & Pest Control, Inc.

6 Cal. Rptr. 3d 827 · California Court of Appeal · Nov 26, 2003

Under these principles, the medical opinion drawn by plaintiff’s experts concerning causation of autism clearly does not meet the predicate for application of the Kelly rule. … The federal rule established in Daubert v.

City of Santa Maria v. Cohen

11 Cal. App. 5th 96 · California Court of Appeal · Apr 25, 2017

LEGAL BACKGROUND Before June 2011, the Community Redevelopment Law (§ 33000 et seq.) authorized cities and counties to establish redevelopment agencies to remediate urban decay and revitalize blighted communities. … Although the indenture also provides for other funding sources in the Agency’s discretion, in particular, the lease revenues from the lease dated March 1, 2003; the Bond payments were clearly intended to be paid with tax

Valerio v. Andrew Youngquist Construction

127 Cal. Rptr. 2d 436 · California Court of Appeal · Dec 3, 2002

Birtcher argued that this admission conclusively established the issue, *1270 and that contrary evidence was inadmissible. … Valerio clearly believed that a written contract existed.

Pacific Indemnity Co. v. Transport Indemnity Co.

81 Cal. App. 3d 649 · California Court of Appeal · Jun 2, 1978

We conclude that Pacific’s argument and the trial court’s decision accord with the established law in California; hence, we affirm the finding that American Forest and Gallegos were additional insureds who were covered by … The endorsement contains the following qualifying language: “Within the limits of liability hereinafter provided it is further understood and agreed that no condition, provision, stipulation, or limitation contained in the