Case law

County of Los Angeles v. Superior Ct.

California Court of Appeal · Jun 15, 2021

As to that data, the patients whose records are at issue clearly maintain privacy rights. (See pt. III.D.1, ante.) … We do not consider “relevance or burden arguments” outside the context of petitioners’ Hill argument, which was clearly and distinctly raised in their writ petitions.

Riviello v. Journeymen Barbers, Hairdressers & Cosmetologists' International Union of America

88 Cal. App. 2d 499 · California Court of Appeal · Nov 15, 1948

The record shows, without contradiction, that plaintiffs are operators of a barber shop, are qualified barbers, and work at the trade and hire barbers who are members of defendant union. … That such actions are unlawful is clearly demonstrated by the reasoning of our Supreme Court in the recent, well-reasoned and unanimous decision in James v.

Aries Development Co. v. California Coastal Zone Conservation Commission

48 Cal. App. 3d 534 · California Court of Appeal · May 28, 1975

Clearly they were injuriously affected by the judgment annulling the favorable Commission decision. … Work performed beyond the limits of the November 6 grading permit was unlawful and, hence, could not qualify as construction under the See The Sea exemption.

In re I.F.

California Court of Appeal · Jun 29, 2017

As both parties recognize, there is a “ ‘well-established presumption that statutes apply prospectively in the absence of a clearly expressed contrary intent.’ ” (See Californians for Disability Rights v. … permitting juveniles to have their records automatically sealed after successful completion of probation rather than after tobacco sellers to tort liability for acts performed at a time when they enjoyed the protection of an immunity

Kolodge v. Boyd

105 Cal. Rptr. 2d 749 · California Court of Appeal · Apr 5, 2001

`Furthermore, the antideficiency laws were not intended to immunize wrongdoers from the consequences of their fraudulent acts. … Clearly, the subsequent appraisal should have made appellant suspicious, and created a duty to investigate further (see Miller v.

Hollingsworth v. Heavy Transport, Inc.

California Court of Appeal · Jul 27, 2021

It is well established that whether a court has subject matter jurisdiction is a question of law. (See, e.g., Robbins v. … Plaintiffs also argue in their reply that benefit payments were made under Bragg’s name, not HT’s, and therefore HT “is not entitled to immunity.” Plaintiffs cite Hernandez v.

Kurtin v. Elieff

215 Cal. App. 4th 455 · California Court of Appeal · Apr 16, 2013

It is well established that the scope of an arbitrator’s powers are fixed by the agreement to arbitrate. (E.g., Moncharsh v. … To be sure (as shown by sentences one, two and six), the parties clearly wanted their mediated agreement to be enforceable.

Crawford v. Weather Shield Mfg., Inc.

38 Cal. Rptr. 3d 787 · California Court of Appeal · Jan 31, 2006

Accordingly, it is no surprise that indemnity contracts can easily be written so that any obligation of the indemnitor to pay the indemnitee's attorney fees is clearly determined retroactively based on the establishment of … The qualifying phrase, "claim of such damage" clearly refers to the earlier language limiting the scope of claims embraced by the indemnity, i.e., "all claims for damages ... growing out of the execution of the work[.]"

Nemarnik v. Los Angeles Kings Hockey Club

127 Cal. Rptr. 2d 10 · California Court of Appeal · Oct 9, 2002

Venture, Inc.). 1 *634 The trial court granted defendants’ motion for nonsuit at the beginning of trial. 2 The trial court concluded, as a matter of law, that defendants were immune from liability under the primary assumption … The cases establish that the latter type of risk, posed by a ski resort’s negligence, clearly is not a risk (inherent in the sport) that is assumed by a participant. [Citation.]” (Knight v.

City of Los Angeles v. Los Angeles Building & Construction Trades Council

94 Cal. App. 2d 36 · California Court of Appeal · Oct 6, 1949

respect to the duties and responsibilities therefor in which: (a) The same requirements as to education, experience, knowledge and ability are demanded of incumbents; (b) the same tests of fitness may be used in choosing qualified … The charter mandate for nondiseriminatory competitive civil service examinations clearly cannot be modified by agreement, whether coerced by economic and moral suasion, or free and voluntary.

Redevelopment Agency v. County of Los Angeles

89 Cal. Rptr. 2d 10 · California Court of Appeal · Sep 22, 1999

The italicized language clearly “makes reference to the ‘last equalized county assessment roll,’ ” or similar language, thus invoking the definition of the “last equalized roll” under Revenue and Taxation Code section 2050 … charges in the Rodney King beating case. 3 We take judicial notice of this authorizing legislation, as requested by the Redevelopment Agency. 4 The County points out, for example, that after limitations on property taxes were established

People v. Cohens

178 Cal. App. 4th 1442 · California Court of Appeal · Dec 1, 2009

The first case established the general requirement of actual knowledge of the duty to register. … He sought to establish this defense by showing his use of the Alessandro address.

Czajkowski v. White

208 Cal. App. 4th 166 · California Court of Appeal · Jul 18, 2012

Respondents are qualified accounting professionals that were engaged by the Company in 2001, and again in 2002, to audit its financial statements for the previous year and also to review its interim financial statements. … Such a defect “ ‘must clearly and affirmatively appear on the face of the complaint; it is not enough that the complaint shows merely that the action may be barred.’ [Citations.]” (Id. at p. 316.)

Humane Society of United States v. Superior Court

214 Cal. App. 4th 1233 · California Court of Appeal · Mar 27, 2013

Contrary to HSUS’s view, our decision in this case will not create an academic researcher’s exemption immunizing disclosure of university documents in future cases. … It ordered the disclosure of 28 pages of documents, for the reason that the Regents “failed to establish that an exemption applies.”

In re O.C.

California Court of Appeal · Oct 9, 2019

The court found that O.C. was not qualified to seal her records under section 781, based on her no contest plea to six felony second degree murder counts in May 2018. … Section 786 Is Not Retroactive There is a “‘well-established presumption’” that a statute applies prospectively, absent a clearly expressed legislative intent that the statute was to operate retroactively.

Bayshore Sanitary District v. City of Brisbane

232 Cal. App. 2d 259 · California Court of Appeal · Feb 15, 1965

To permit this would clearly thwart the intent of the Legislature in providing two distinct methods of annexation. The District’s reliance on People v. … If it does, the resolution giving notice shall declare that proceedings have been initiated by the legislative body and set forth its reasons for desiring annexation. ’ ’ " To qualify for annexation, new territory shall be

People v. Maxwell

94 Cal. App. 3d 562 · California Court of Appeal · Jun 28, 1979

it clearly appears from a consideration of all the circumstances in the case that an answer to the challenged question cannot possibly have a tendency to incriminate the witness. … In Hathcock , unlike the case at bench, the witness had been granted immunity from prosecution before making any statements and had testified on direct examination at that very trial. 4 A 1974 amendment to the California

Reznick v. Hillman-Sidney Auto Sales

216 Cal. App. 2d 569 · California Court of Appeal · May 23, 1963

Their brief says “the issue before the jury was not whether or not the plaintiff had some injury, but rather clearly and simply—does the plaintiff have a herniated disc” and that the case “was tried on the sole issue as to … Penka, a well qualified specialist in neurosurgery, who examined him on December 28, 1959 and testified: “It was my opinion at the time I first examined Mr.

Steele v. Collagen Corp.

54 Cal. App. 4th 1474 · California Court of Appeal · May 15, 1997

Congressman Dingell expressed concern that Zyderm caused adverse reactions in the immune system. After reconsidering Collagen Corporation's application, the FDA determined the market approval for Zyderm was appropriate. … It stated: "Given the ambiguities in the statute and the scope of the preclusion that would occur otherwise, we cannot accept Medtronic's argument that by using the term `requirement' [in § 360k(a)], Congress clearly signaled

People v. Bremmer

30 Cal. App. 3d 1058 · California Court of Appeal · Mar 7, 1973

Clearly, at the time the officers went to Mason's house they possessed probable cause to arrest him for burglary and theft and to search his person on arrest. … Absent obvious harassment a probation officer's search is directed toward the legitimate objective of probationer's reformation and rehabilitation and hence qualifies as reasonable under the Fourth Amendment. 2.