Case law

Estes v. Rowland

14 Cal. App. 4th 508 · California Court of Appeal · Mar 23, 1993

Koehler (S.D.N.Y. 1988) 692 F.Supp. 1519 , the plaintiffs established Eighth Amendment violations at a New York correctional facility. … The evidence clearly supported the trial court’s determination that such time limits were necessary.

People v. Hearn

116 Cal. Rptr. 2d 298 · California Court of Appeal · Feb 27, 2002

At trial, Annette R. testified under a grant of immunity. On April 9, 1996, she was 15 years old and living in Barstow with Barbara Chavez. … (See California Rules of Court—Rules 976 and 977.) [1] Annette R. and Serafin were granted immunity for their testimony.

Snipes v. City of Bakersfield

145 Cal. App. 3d 861 · California Court of Appeal · Aug 10, 1983

injunctive relief alleges that appellant, who is black, applied for employment as a police officer with the Bakersfield Police Department and was tested for the position in December 1978; that although appellant was fully qualified … The law establishes that freedom from job discrimination on specified grounds, including race, is a civil right. (§ 12921.)

Everett v. Gordon

266 Cal. App. 2d 667 · California Court of Appeal · Oct 22, 1968

There are a number of criminal discovery rules established by court decisions. … We think this is clearly insufficient. {Shively v. Stewart, supra, 65 Cal.2d 475, 482 .)

People v. Damon

51 Cal. App. 4th 958 · California Court of Appeal · Dec 18, 1996

We held the new statute applied, because it did not depart from any clearly established preexisting principle. (Id. at pp. 620-623.) … “It is clearly established that a party may not split up a single cause of action and make it the basis of separate suits, and in such case the first action may be pleaded in abatement of any subsequent suit on the same claim

Clark v. Rancho Santa Fe Assn.

216 Cal. App. 3d 606 · California Court of Appeal · Dec 13, 1989

Read as a whole, the covenant clearly contemplates that they may. … We are also aware of the increasing pool of highly qualified referees to whom such matters may be delegated.

County of El Dorado v. Schneider

191 Cal. App. 3d 1263 · California Court of Appeal · May 13, 1987

Superior Court (1980) 117 Cal.App.3d 57 [ 178 Cal.Rptr. 358 ] [defendants would be made to answer interrogatories provided use immunity was granted by protective order]; see also Reynolds v. … Defendant was clearly put on notice by County in its moving papers and at the hearing of May 31 of the sanction at issue and the reason it was sought. (Cf. Jones v.

People v. White

233 Cal. App. 2d 765 · California Court of Appeal · Apr 22, 1965

At his trial, it was established by affirmative evidence that he was not advised of his constitutional rights to counsel and to remain silent. … In the case at bench, the confessions given to the deputy sheriffs were given at their request, and clearly because the officers then had drawn the bead of their suspicions on the defendant only.

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.

Bazua v. City of Montebello CA2/7

California Court of Appeal · Mar 14, 2016

The statute, ordinance, regulation, or other written policy establishing an administrative remedy must provide clearly defined procedures for the submission, evaluation, and resolution of disputes. (City of Oakland v. … Because the policy lacked clearly defined procedures for the submission, evaluation, and resolution of disputes, it was an inadequate administrative remedy.

People v. McCutcheon

187 Cal. App. 3d 552 · California Court of Appeal · Nov 6, 1986

“Burglary of a residence” is clearly synonymous with burglary of an inhabited dwelling and has long been so understood. (See e.g., People v. Allard (1929) 99 Cal.App. 591 [ 279 P. 182 ]; People v. … Under section 2933, the credits must be earned through active participation in qualifying programs. (People v. Caruso, supra, 161 Cal.App.3d at pp. 19-20.)

San Diegans for Open Government v. San Diego State

California Court of Appeal · Jun 1, 2017

It is important to note the anti-SLAPP statute does not immunize or insulate Defendants from any liability for claims arising from protected activity. … Reporting the news and creating a television show both qualify as an exercise of free speech. (Hunter, supra, 221 Cal.App.4th at p. 1521.)

Fowler v. State Personnel Board

134 Cal. App. 3d 964 · California Court of Appeal · May 27, 1982

As we have explained, lunchtime in the normal situation does not qualify under the statute. While the ultimate interpretation of the meaning of a statute is for the courts (Whitcomb Hotel, Inc. v. Cal. Emp. … [ 151 P.2d 233 , 155 A.L.R. 405 ]), when an administrative agency is charged with enforcing a particular statute, its interpretation of the statute will be accorded great weight by the courts and will be followed unless clearly

People v. Attema

75 Cal. App. 642 · California Court of Appeal · Dec 18, 1925

Code, sec. 1105), would, standing alone, in view of the inference which might reasonably have been drawn from the proof offered by the prosecution supporting the conclusion that the crime of manslaughter, without the qualifying … The court’s instruction assumed that the statement was a dying declaration, and did not clearly advise the jury as to their power to determine the fact and the weight and credit to be given it, instructions as to which appellant

Mueller v. MacBan

62 Cal. App. 3d 258 · California Court of Appeal · Aug 12, 1976

clearly defined machinery for the submission, evaluation and resolution of complaints by aggrieved parties.” … Section 9204, 4 providing for the Commissioner’s approval for merger or consolidation and for the prerequisite findings to be made by the Commissioner, does not establish or provide for the clearly defined machinery for the

Hansen v. Newegg.com Americas

California Court of Appeal · Jul 31, 2018

Although “voters clearly intended to restrict UCL [and FAL] standing, they just as plainly preserved standing for those who had had business dealings with a defendant and had lost money or property as a result of the defendant … “To satisfy the narrower standing requirements imposed by Proposition 64, a party must now (1) establish a loss or deprivation of money or property sufficient to qualify as injury in fact, i.e., economic injury, and (2) show

Baird v. City of Fresno

97 Cal. App. 2d 336 · California Court of Appeal · May 3, 1950

It is the contention of plaintiff that the trial court erred in finding and determining that plaintiff did not serve in the Fresno fire department a sufficient length of time to qualify for a service pension and that the … These circumstances clearly indicate that both parties to the pension contract placed a definite construction upon the provisions relating to the computation of plaintiff’s time of service.

Anaheim Elementary Education Ass'n v. Board of Education

179 Cal. App. 3d 1153 · California Court of Appeal · Apr 16, 1986

Board of Education, supra, 254 Cal.App.2d 660 , stated: “A reading of the statute as a whole, however, clearly indicates that ‘member’ is used in its normally accepted sense and is to be given its ordinary and usual meaning … Much of the act is no more than an unremarkable application of standard collective bargaining concepts well established in other private and public sector contexts to public education employment.”

County of Santa Cruz v. State Board of Forestry

75 Cal. Rptr. 2d 393 · California Court of Appeal · Jun 9, 1998

Department of Forestry & Fire Protection (1994) 7 Cal.4th 111 [ 27 Cal.Rptr.2d 11 , 865 P.2d 728 ], “[I]t is the board, and not the courts, that establishes forest policy. [^Q . . . … This is clearly a reasonable interpretation of the statute and within the scope of the Board’s statutory duty.

County of San Diego v. Gorham

186 Cal. App. 4th 1215 · California Court of Appeal · Jul 21, 2010

If the order qualifies for set aside, the local child support agency shall bring a motion for relief under this section.” (Fam. Code, § 17432, subd. … Clearly, the trial court was troubled with the fact of Gorham’s lengthy periods of incarceration, the false proof of service, and whether it could sit in equity in this case in light of Family Code section 3691.