Case law

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.

People v. Hoard

126 Cal. Rptr. 2d 855 · California Court of Appeal · Nov 7, 2002

This clearly contradicts Earley 's holding. The majority goes on to conclude that footnote 11 of Earley "qualifies" its holding. (Maj. opn., ante, at p. 858.) … Contrary to the majority's conclusion, this portion of the footnote did not qualify the holding.

Mirich v. Balsinger

53 Cal. App. 2d 103 · California Court of Appeal · Jun 30, 1942

Similar testimony was given by another physician who qualified as an expert. Dr. Edward H. … These averments clearly established the cause of action as one sounding in tort, the gist of which is the alleged carelessness and negligence of the surgeon in the performance of the operation.

Coast Plaza Doctors Hospital v. Blue Cross of California

173 Cal. App. 4th 1179 · California Court of Appeal · May 11, 2009

Because Patient X's group health plan qualified as an employee benefit plan subject to the Employee Retirement Income Security Act of 1974 (ERISA; 29 U.S.C. § 1001 et seq.), the trial court sustained Blue Cross's demurrer … concluded that the deemer clause applied without considering whether the plans were self-funded, we note that neither the district court nor the Ninth Circuit had the benefit of the Supreme Court's decision in FMC which clearly

EMPLOYERS REINSURANCE CO. v. Superior Court

74 Cal. Rptr. 3d 733 · California Court of Appeal · Apr 22, 2008

Moreover, under California Uniform Commercial Code section 1303, course of performance evidence can supplement, qualify, or modify contrary terms in the contract. … While it may ultimately be the case that the insurers could not establish this prerequisite for admissibility, Thorpe did not bring its motion in limine on this basis, so the insurers were never required to establish the

Perez v. City of Fremont CA1/3

California Court of Appeal · Feb 26, 2015

immunity from liability. … Clearly, the court’s ruling was within its discretion.

People v. Stringham

206 Cal. App. 3d 184 · California Court of Appeal · Nov 29, 1988

Judge Buffington’s comments at his first appearance in the case clearly advised defendant that acceptance was still conditional and had not yet become irrevocable. … Measured against virtually every aspect of this standard, Judge Buffington is immune from the charge of abuse.

City of Sebastopol v. Workers' Compensation Appeals Board

208 Cal. App. 4th 1197 · California Court of Appeal · Aug 28, 2012

Although our review is de novo, we will give great deference to the WCAB’s interpretation of the law unless it is clearly mistaken. [Citation.]” (Ibid.) … The record establishes that Braga continued to perform his “regular work.”

People ex rel. Department of Public Works v. Bosio

47 Cal. App. 3d 495 · California Court of Appeal · Apr 25, 1975

The NEPA was found inapplicable by reason of respondent’s good faith determination not to qualify the project for federal funds. … The last phrase clearly makes the express provisions of the act determinative as to when such reports are required.

People v. Johnson

162 Cal. App. 4th 1263 · California Court of Appeal · May 14, 2008

Clearly, as to the qualifying criminal conduct, the changed procedures do not increase the risk of an erroneous determination since the judicial determination of the prior criminal conduct made at the initial commitment hearing … He argues the 2006 amendments to the SVP Act changed the nature of the SVP Act and it no longer qualifies as a civil commitment scheme.

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

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

Lewis v. Arboles Development Co.

8 Cal. App. 3d 812 · California Court of Appeal · Jun 16, 1970

The parties concede that a general contractor qualifies to do the work herein contracted for without having a special drywall contractor's license. … The Undisputed Facts Both the factual and the legal issues presented in this case are extremely simple and clearly defined. Every material fact is conclusively established by incontrovertible proof and is undisputed.

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.

Batt v. City & County of San Francisco

184 Cal. App. 4th 163 · California Court of Appeal · Apr 28, 2010

DISCUSSION Establishing the Standard of Our Review We would ordinarily start our analysis by establishing ■ the standard of review, which at first glance would seem to be that “The application of a taxing statute to uncontradicted … In one sense, the Guidelines are not truly relevant because the taxing power of the Hotel Tax is clearly sufficient to cover ancillary charges accruing by reason of a renter’s “occupancy,” which is largely delineated by the

County of Imperial v. Superior Court

61 Cal. Rptr. 3d 145 · California Court of Appeal · Jun 14, 2007

While the QSA and PDA were not yet in their final forms, the proposed terms clearly and unequivocally contemplated diversion of Imperial water to Metropolitan and Coachella. … However, as Coachella points out, a common litigation objective is not enough to establish adequacy of representation by the named parties.

People v. Culton

11 Cal. App. 4th 363 · California Court of Appeal · Nov 30, 1992

He practiced pediatrics prior to 1981, and he has seen a number of children, and I find that he is an expert in the field of pediatrics and certainly well qualified to give his opinion. … Rptr. 809 ]: "The corpus delicti rule was established by the courts to `protect a defendant from the possibility of fabricated testimony out of which might be wrongfully established both the crime and its perpetrator.' (

Salazar v. Whelan CA5

California Court of Appeal · May 15, 2023

The communications at issue in this case would not qualify under the “some relation” standard applied in Healy and its predecessors. … Given their context, however, those statements even more clearly implicate a public issue or an issue of public interest.

Estate of Austin

206 Cal. App. 3d 1249 · California Court of Appeal · Dec 7, 1988

The plans met Internal Revenue Code requirements for qualified corporate retirement plans and were maintained in compliance with the provisions of the Employees’ Retirement Income Security Act of 1974 (ERISA) and the regulations … Any exemption from the burden of the inheritance tax must be clearly shown and will not be inferred. (Estate of Simpson (1954) 43 Cal.2d 594, 597 [ 275 P.2d 467 , 47 A.L.R.2d 991 ]; see also Kirkwood v.

In Re Estate of Myers

42 Cal. Rptr. 3d 753 · California Court of Appeal · May 1, 2006

The petition clearly establishes that the purpose of that trust was to defraud Myers' creditors, and in particular Lissoy himself. … And inferences, so long as they are reasonable, are a proper means of establishing facts. The inferences drawn by Lissoy are quite reasonable — some might say unavoidable.