Case law

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

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.

People v. Superior Court (Duval)

198 Cal. App. 3d 1121 · California Court of Appeal · Feb 24, 1988

On that record, we cannot say respondent court’s determination that cross-admissibility would not be permitted was clearly incorrect. … The evidence established the defendant had intercourse with his two-and-one-half-year-old daughter.

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.

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.

Straass v. DeSantis CA4/1

California Court of Appeal · Jul 31, 2014

Where the attorney's performance is so clearly contrary to established standards that a trier of fact may find professional negligence without expert testimony, it is not required." (Day v. … In light of these considerations, DeSantis's conduct is not "so clearly contrary to established standards" as to remove the general requirement for expert testimony.

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.

Howard Jarvis Taxpayers Ass'n v. City of San Diego

84 Cal. Rptr. 2d 804 · California Court of Appeal · May 19, 1999

Proposition 218 clearly does not state a constitutional definition of assessment for all constitutional and statutory provisions. … (“assessments” on businesses pursuant to the California Tourism Marketing Act, established by industry category); Health and Safety Code section 1356 (“assessments” for administrative costs of heath care service plans, assessed

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.

Baldwin v. City of Los Angeles

70 Cal. App. 4th 819 · California Court of Appeal · Feb 17, 1999

followed unless clearly erroneous.” … [ft] [c]onflict with established recreational. . . uses of the area.’ (Guidelines, appen. G, subd. (w).)” (Gentry v.

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

Korech v. Hornwood

58 Cal. App. 4th 1412 · California Court of Appeal · Nov 5, 1997

All expenses incurred with respect to the [issues common to all causes of action] qualify for award.” (Id. at pp. 129-130, italics added.) … While the trial court did deduct those fees which were clearly identified as having to do with the mechanic’s lien cause of action, it was not required to make an apportionment of the other fees which necessarily involved

People v. Robinson

California Court of Appeal · Dec 9, 2024

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. … Because witness testimony presented to a grand jury does not qualify as “evidence previously admitted at any prior hearing or trial” (§ 1172.6, subd.

People v. Graham

163 Cal. App. 3d 1159 · California Court of Appeal · Jan 24, 1985

It was not disputed at trial that Graham and Chapek made no attempt to qualify the limited partnership interest they offered to sell to Harry Grady. … In one sense, Graham’s transaction with Grady clearly satisfied both qualitative requirements under former rule 260.102.2.

Jegen v. Berger

77 Cal. App. 2d 1 · California Court of Appeal · Nov 25, 1946

It is a well established rule that it is the duty of a person injured by wrongful act of another to exercise reasonable care to avoid loss or to minimize the resulting damages. … If no such basis exists, as in cases where the establishment of a business is prevented, it may be necessary to deny such recovery. (California P. Mfg. Co., Inc. v.

In Re Brindle

91 Cal. App. 3d 660 · California Court of Appeal · Apr 5, 1979

order further directed the designated agencies and institutions to permit the public defender to personally consult with such persons to ascertain if they desired his *666 assistance and for a determination whether they qualified … The Legislature clearly intended to expand the circumstances under which the public defender could provide services beyond defense after a charge or formal accusation is made.

People v. Jacobson CA1/1

California Court of Appeal · Sep 20, 2024

The use of false evidence qualifies as federal constitutional error. (Napue, supra, 360 U.S. at pp. 265, 269 [due process bars conviction secured by eliciting or failing to correct false evidence].) … Our Supreme Court recently cited McDaniels with approval and reaffirmed the rigor of the “ ‘clearly indicate[d]’ ” standard. (People v.

Rodriguez v. City of San Jose CA6

California Court of Appeal · Sep 28, 2023

its “decision to perform cleanup and repairs at the zoo was clearly a discretionary decision ‘to perform or not to perform any act to promote the public health of the community by preventing disease or controlling the communication … This evidence was sufficient to meet City’s initial burden of proof to establish that its decision to undertake cleanup and repairs at the Zoo in the aftermath of the flood was a discretionary decision “to perform or not

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.

People v. Harris

52 Cal. Rptr. 3d 577 · California Court of Appeal · Dec 21, 2006

Clearly, it does. … While these statutory provisions do not establish that the actions taken by defendant in the present case are subject to section 4573.5, they further indicate that penal institution officials have the discretion to exclude