Case law

Estate of Collins

84 Cal. App. 3d 928 · California Court of Appeal · Sep 18, 1978

Collins (Collins), now deceased, intended to establish a Totten trust — a savings account trust with himself as trustor-trustee and his sister Alice L. … Here the evidence of Collins' intent to establish a Totten trust is uncontradicted, overwhelming.

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

Cordova v. Superior Court

148 Cal. App. 3d 177 · California Court of Appeal · Oct 20, 1983

By these guidelines we do not intend to entirely relieve a defendant of some duty of diligence to make a known alien witness available for trial. *187 Under other facts, that duty may well serve to qualify the People’s burden … Clearly, in the present case the prosecutor took no steps whatever to assure the availability of the alien witnesses to the defendant before he affirmatively dismissed the cases against the aliens, knowing they would be deported

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.

People v. Saleem

180 Cal. App. 4th 254 · California Court of Appeal · Dec 17, 2009

As such a term is clearly within the common knowledge, there is nothing vague about the law. … intelligence, would have any reasonable way of knowing his vest met the far more stringent requirements necessary to qualify as "body armor" under section 12370.

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.

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 .)

People v. Smith

189 Cal. App. 4th 1263 · California Court of Appeal · Nov 8, 2010

She was "clearly conscious" at 10:15 p.m. when she checked out. … The jury clearly believed, as they were entitled to do, her testimony rather than that of defendant.

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.

People v. Bartlett CA4/3

California Court of Appeal · Apr 12, 2016

offenders who took the same vehicle under Penal Code section 487, such a classification denied equal protection as the vehicle 2 taking offender is clearly … There is nothing in Bartlett’s plea or any finding of fact that establishes the vehicle had a value of $950 or less.

General Insurance Co. of America v. Commerce Hyatt House

5 Cal. App. 3d 460 · California Court of Appeal · Mar 17, 1970

Appellants have called our attenton to the amendment effective September 17, 1965, which added to subdivision 1 of section 1511 the following *471 qualifying language: “[h]owever, the parties may expressly require in a contract … Ferguson Co., 261 Cal.App.2d 594, 602-603 [ 68 Cal.Rptr. 78 ]: “Well established is the law that a statute is presumed to be prospective only in operation and will not be retroactively applied unless such intention clearly

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

California Democratic Council v. Arnebergh

233 Cal. App. 2d 425 · California Court of Appeal · Apr 5, 1965

Code, § 8601); subdivision (3) thereof finds that “Over the several years preceding the adoption of this section organizations of electors using as a part of their names the name of a political party qualified to participate … Any endorsement by California Democratic Council would clearly fall within the provisions of the challenged statutes; in view of this determination, we do not consider several hypothetical situations posed by appellants which

Flinders v. Supreme Court CA6

California Court of Appeal · Mar 17, 2023

It asserted that (1) the superior court lacked jurisdiction because SCOCA “has ‘sole original jurisdiction’ over the attorney admissions process,” (2) SCOCA was immune under the doctrines of judicial and legislative immunity … DISCUSSION Our standard of review is well established.

San Bernardino Cty. Flood Control Dist. v. Superior Court of San Bernardino Cty.

269 Cal. App. 2d 514 · California Court of Appeal · Feb 6, 1969

It contends that the right of one public agency, by eminent domain, to impose a public servitude on an existing public servitude when the uses are compatible is recognized both by judicially established principles and by … The court held that the last sentence of subdivisions 3 of sections 1240 and 1241 of the Code of Civil Procedure immunized property appropriated to the use of a county from condemnation by a municipal water district and that

Webman v. Little Co. of Mary Hospital

39 Cal. App. 4th 592 · California Court of Appeal · Oct 23, 1995

Webman qualified for reappointment.” With respect to finding O, the board stated, “Dr. … The Board agrees that section could be construed in that fashion, although clearly the standards established in that section are intended to apply continuously to members as well as initially to applicants.