Case law

Fendrich v. Van De Kamp

182 Cal. App. 3d 246 · California Court of Appeal · Jun 11, 1986

(Memo.) 8 The Attorney General was clearly concerned in *255 this regard with the piecemeal operation 9 and often inadequate local regulation of California’s various card clubs. 10 {Memo.) … Only those individuals who meet both criteria (one percent or less interest and no more than a $5,000 investment) can qualify for the $250 fee.” II.

Silva v. Aetna Life Insurance

196 Cal. App. 3d 789 · California Court of Appeal · Nov 30, 1987

[or] (c) for any day on which the debtor is not under the care of a legally qualified physician or surgeon . . . … In this connection appellant relies on well-established rules with respect to construction of insurance policies.

Saunders v. Carr

268 Cal. App. 2d 10 · California Court of Appeal · Nov 20, 1968

It is well established that “a curative statute may validate all defects in proceedings except those which have resulted in violation of constitutional rights” (Hoffman v. … The text of section 23 is set forth in the margin. 8 The second *22 paragraph of section 23, of which the above quoted language is a part, clearly means that surplus space devoted to commercial purposes other than parking

Blinder v. Division of Narcotic Enforcement

25 Cal. App. 3d 174 · California Court of Appeal · Apr 26, 1972

Methadone treatment by qualified physicians allows the patient-addict to enjoy a productive social role, free of criminal behavior.” … It is well established that, in the interest of the general welfare of its inhabitants, a state may establish a program of compulsory treatment for those addicted to narcotics and that such a program may include periods of

Keller v. Gerber

49 Cal. App. 515 · California Court of Appeal · Oct 9, 1920

M. of each "day in the year, except Sundays and holidays, there shall be present at least one person qualified and prepared to transact the business that may properly come into said office. … The ease is one to establish a claim for the reasonable value of services.

Cantu v. Resolution Trust Corp.

4 Cal. App. 4th 857 · California Court of Appeal · Mar 17, 1992

Cantu argued that: “To qualify for injunctive relief, Lincoln had to falsely allege that it was facing vexatious litigation. … In affirming dismissal of the cross-complaint, the court held that a claimant who did not clearly have a right to immediate release of interpleaded funds cannot state a cause of action for abuse of process.

Smith v. Circle P Ranch Co.

87 Cal. App. 3d 267 · California Court of Appeal · Dec 14, 1978

Each of the foregoing responses qualifies as a sworn denial. (See, e.g., Hillman v. Stults (1968) 263 Cal.App.2d 848, 882-884 [ 70 Cal.Rptr. 295 ]; Allen v. … Evidence established that the statement of lack of information was false.

Reilly v. Inquest Technology, Inc.

218 Cal. App. 4th 536 · California Court of Appeal · Jul 31, 2013

The provision clearly calls for 50 percent of the profits from all sales that are a “result” of Reilly‟s “activities.” … Based on our review of the record, we conclude Reilly presented ample evidence Triconex qualified as a new “contact” deserving of a commission.

People v. Zepeda

105 Cal. Rptr. 2d 187 · California Court of Appeal · Mar 20, 2001

Detective Roecker is qualified to identify the caliber of an expended bullet based on his experience reloading ammunition, competitive shooting and police work. … Here, defendant committed an unprovoked murder, for the apparent purpose of establishing himself within a street gang, and to establish the gang’s strength in the community.

Dickson v. Burke Williams, Inc.

234 Cal. App. 4th 1307 · California Court of Appeal · Mar 6, 2015

They clearly followed the CACI, or they couldn’t have gotten here, and they did. [¶] And so the motion for a JNOV, a new trial, is denied. [¶] . . . [¶] The motion is denied. … Friedman, Sloan & Ross (1991) 54 Cal.3d 26, 50.) 8 sufficiently severe or pervasive so as to alter the conditions of employment and create a work environment that qualifies

Hernandez v. First Student, Inc.

California Court of Appeal · Jul 10, 2019

“A person is qualified to testify as an expert if he has special knowledge, skill, experience, training, or education sufficient to qualify him as an expert on the subject to which his testimony relates.” (Evid. … Smith was clearly qualified to opine about Detective Tarzia’s DRE evaluation and why he formed the opinion that Calderon was not impaired.

Marriage of Kelkar

229 Cal. App. 4th 833 · California Court of Appeal · Sep 10, 2014

That rule, of course, is qualified by the rule that “‘[v]ested rights . . . may be impaired “with due process of law” under many circumstances. … Therefore, Mary has failed to establish the elements of equitable estoppel.

People v. Jackson CA4/2

California Court of Appeal · Aug 20, 2025

The record of conviction clearly shows that defendant suffered a prior strike for shooting at an occupied 10 vehicle, and the trial court made the strike finding following … First, ‘“[t]he burden is on the party attacking the sentence to clearly show that the sentencing decision was irrational or arbitrary. [Citation.]

Nede Mgmt. v. Aspen American Ins. Co.

California Court of Appeal · Oct 5, 2021

According to a letter attached to the complaint, Fields told Barbara and David he believed the policy limits demand was “clearly premature.” … Qualified Patients Assn. v. City of Anaheim (2010) 187 Cal.App.4th 734, 756 [“on the few facts known” about the situation, the court “cannot say” what the right answer is] (Qualified).)

Bennett v. Hardy

108 Cal. App. 473 · California Court of Appeal · Sep 24, 1930

Clearly, the testimony of plaintiff, corroborated by that of Mrs. … Witness Steyle, who was' called for appellant, qualified as an expert automobile mechanic and testified as to certain tests made with a Ford automobile similar in construction and design to that of the plaintiff; that' the

Pitt v. Southern Pacific Co.

121 Cal. App. 228 · California Court of Appeal · Feb 24, 1932

Co., 179 Cal. 774, at 779 [ 178 Pac. 957 , 960], it is said: “Whether a witness is qualified as an expert is to be determined in the first instance by the trial court, and in so deciding the trial court has a wide range of … It would be better to have the instruction cover both elements clearly. Third, the word “proper” should not be used in defining the care to be exercised by the respondent.

Darwin v. Ganger

174 Cal. App. 2d 63 · California Court of Appeal · Sep 28, 1959

She clearly indicated her desire to remain in the custody of her father and to remain in the parochial school where he had placed her. Although Mrs. … It has been held repeatedly that the trial judge having heard the evidence, observed the witnesses, their demeanor, attitude, candor or lack of candor, is best qualified to pass upon and determine the factual issues presented

People v. MUSOVICH

42 Cal. Rptr. 3d 62 · California Court of Appeal · Mar 28, 2006

Having been so misinformed, North lacked the actual knowledge of the registration requirements our Supreme Court has held necessary to establish a willful violation of section 290.” … Given these facts, defendant clearly had changed his residence from Upland Drive, triggering a duty to reregister, and he knew of such a duty.

People v. Garcia

66 Cal. Rptr. 3d 409 · California Court of Appeal · Sep 27, 2007

Moreover, appellant has not established that the prosecutor knew Acuna would again refuse to testify. … Section 246's requirement that an inhabited dwelling house, etc. be within the gunmen's firing range was clearly established by the evidence.

Alch v. Superior Court

19 Cal. Rptr. 3d 29 · California Court of Appeal · Sep 14, 2004

The Unruh Civil Rights Act, which prohibits discrimination by business establishments, does not reach employment discrimination claims, and the complaints “do not allege sales transactions of the sort that qualify for Unruh … The answer is clearly no.