Case law

People v. Corban

42 Cal. Rptr. 3d 184 · California Court of Appeal · Apr 21, 2006

Breckenridge (1992) 5 Cal.App.4th 1096 , 8 Cal.Rptr.2d 1 ( Breckenridge ) which involved admissions of prior serious felony enhancements. [2] *188 The defendant in Arwood argued that his prior conviction did not qualify as … The court rejected his argument that Vehicle Code statutes established a specific sentencing scheme for his offense that precluded imposition of the enhancement.

People v. Brown

92 Cal. Rptr. 2d 433 · California Court of Appeal · Feb 1, 2000

In the unpublished portion of this opinion, we consider Brown’s claim that the prosecutor and the trial court erred in refusing to grant immunity to a defense witness. … Thus, he claims, “due process requires that the court explain to the jury specifically which crimes the prior incidents may be used to inferentially establish.”

Isaak v. Super. Ct.

California Court of Appeal · Jan 11, 2022

It found that Isaak had established he was in failing health and that he had a substantial interest in the action as a whole. (§ 36, subd. (a).) … A subsequent case management order established a “preference protocol.”

People v. Daniels

18 Cal. App. 4th 1046 · California Court of Appeal · Sep 15, 1993

Clearly, it was this peremptory instruction which eliminated jury uncertainty and triggered a guilty verdict. As we explained in People v. … Our Supreme Court has stated: “In many criminal cases, the prosecution’s evidence will establish an element of the charged offense ‘as a matter of law.’

Chalmers v. Hirschkop

213 Cal. App. 4th 289 · California Court of Appeal · Jan 30, 2013

A custodial parent’s decisions regarding visitation are entitled to presumptive validity and must be accorded “ ‘special weight,’ ” but they are not immune from judicial review. (Fenn, at p. 1479.) The court in Rich v. … “Providing parents a superior ability to influence the upbringing of their child is clearly in the interests of the child.

California Automobile Insurance v. Hogan

5 Cal. Rptr. 3d 761 · California Court of Appeal · Oct 29, 2003

Lionetti’s vehicle qualified as an uninsured motor vehicle pursuant to Insurance Code section 11580.2, subdivision (b) and the CAIC policy definition of “uninsured motor vehicle.” After Mr. … Clearly the parties to an automobile liability policy do not contemplate a general liability insurance contract.” (Id. at p. 145.)

Almond Alliance of California v. Fish and Game Commission

California Court of Appeal · Sep 21, 2022

Clearly, because the appellate court in W. W. … Even if the Court of Appeal arrived at what might superficially seem like a counterintuitive result, that alone does not establish that it erred.

Rubin v. United Air Lines, Inc.

117 Cal. Rptr. 2d 109 · California Court of Appeal · Feb 20, 2002

As the service director put it, “that’s when the hair came up on the back of my neck, because, . . . you’re violating everything that it’s about, because it was clearly stated to Mrs. … All seats in first class were occupied; thus all the purser knew was someone was attempting to enter the forward cabin who clearly had no business being there.

People v. Coddington

California Court of Appeal · Nov 2, 2023

The case establishing the basis of this appeal arose in connection with an incident in October 2016 in which he attacked a fellow inmate at the Del Norte County Jail. … This focus on the retroactivity of Senate Bill No. 136 indicates the Legislature was clearly concerned with eliminating prison priors, the sole subject of Senate Bill No. 136.

Faus v. Nelson

241 Cal. App. 2d 320 · California Court of Appeal · Apr 4, 1966

The highway is a monument, and in legal contemplation the thread of the highway is the monument, unless a contrary intention clearly appears. That this is the rule is established by a multitude of authorities.” … There is no reason why a railroad right-of-way cannot serve as a monument in the same fashion as a highway and why the boundary cannot be presumed to be the “thread” of the right-of-way. 4 “In the absence of any qualifying

Lundell v. Hackbarth

226 Cal. App. 2d 609 · California Court of Appeal · Apr 22, 1964

The evidence clearly showed Mr. Acker’s negligence but he was concededly not guilty of wilful misconduct and was not intoxicated. On appeal plaintiff contends she was not a guest. … It sure must have been, from the speed I was going and the impact it made. ’ ’ Later this testimony was qualified: “Q. Mr. Acker, do you know for a positive fact that car was at a dead stop? A. Nobody would know that.

Northwood Homes, Inc. v. Town of Moraga

216 Cal. App. 3d 1197 · California Court of Appeal · Dec 21, 1989

called upon to decide the valicjity of a local initiative ordinance prohibiting issuance of further residential building permits until local schools, sewers and water supplies met certain standards. *1202 In reaffirming the established … The qualified initiative measure was subsequently adopted by the voters. Thereafter, the city refused to proceed with the developer’s applications for a final tract map and building permits.

Estate of Lopes

152 Cal. App. 3d 302 · California Court of Appeal · Feb 23, 1984

“A will is an instrument in or by virtue of which a qualified person legally and intentionally directs the disposition of his property, to become effective only following the death of such person. … The husband opposed the second will on the ground it was not established by two witnesses. (Id., at p. 765.) Four justices agreed the second will did not revoke the first will.

Chevron USA v. County of Kern

California Court of Appeal · Nov 19, 2014

Since the evidence clearly established that Chevron paid the tax via a check with Corp’s name on it, there is no danger of a double refund. … To establish valuation principles for oil and gas properties, the State Board of Equalization (SBE) adopted Rule 468 (Cal.

FilmOn.com v. DoubleVerify

California Court of Appeal · Jul 25, 2017

Further, in view of the “massive amount of attention” paid to FilmOn’s business in the area of copyright infringement, the court concluded DoubleVerify’s reports clearly concerned a matter of interest to the public. … “Courts have adopted these categories as a useful framework for analyzing whether a statement implicates an issue of public interest and thus qualifies for anti-SLAPP protection.”

People v. Flores

California Court of Appeal · May 18, 2021

Both the carjacking and attempted murder convictions qualified as prior strike offenses (§ 667, subds. … And here, Flores’s carjacking and attempted murder of the victim were clearly based on separate acts.

C. R. Fedrick, Inc. v. State Board of Equalizer

204 Cal. App. 3d 252 · California Court of Appeal · Aug 11, 1988

Annot., State Sales or Use Tax as Violating Immunity of United States—Supreme Court Cases (1976) 44 L.Ed.2d 719 ; Annot. (1942) 140 A.L.R. 621 .) … The nature or basis of the asserted distinction is not clearly indicated, but we infer from the briefs that the argument has reference to articles installed in buildings of special design and construction or attached in a

People v. Buchanan

26 Cal. App. 3d 274 · California Court of Appeal · Jun 22, 1972

His determination being supported by substantial evidence, it is established for purposes of this appeal that Mrs. … Gilmore, as manager of the apartment house, who made personal observations indicating criminal conduct, qualifies as an identified citizen informant whose information may generally be relied upon. (People v.

People v. Mitchell CA5

California Court of Appeal · Dec 23, 2014

Subsequently, the witness was given formal immunity and testified pursuant to the immunity agreement. (Id. at p. 340.) … [T]estimony given under an immunity agreement does not violate the defendant’s right to a fair trial, if the grant of immunity is made on condition the witness testifies fully and fairly.”

City & County of San Francisco v. Fair Employment & Housing Commission

191 Cal. App. 3d 976 · California Court of Appeal · May 7, 1987

While the framework of title VII clearly envisions that an initial resort to a state administrative agency in an employment discrimination matter does not deprive an individual of the right to pursue a federal title VII claim … We are acutely aware that Black and White firefighters qualified *994 for promotion continue to wait for the City to develop a valid selection procedure for the position ofH-20 lieutenant.