Case law

Cellphone Termination Fee Cases

186 Cal. App. 4th 1380 · California Court of Appeal · Jul 27, 2010

As a result of that hearing the court issued an order requiring the parties to redraft the notices “with the goal of making it easy to understand for non-lawyers” and to make certain that the notice clearly explained the … In addition, the settlement administrator established a toll-free telephone number to listen to FAQ’s in English and in Spanish, request a claim form, or request to speak to a live operator about the settlement.

Placencia v. Strazicich

California Court of Appeal · Dec 23, 2019

The express terms of the account bear particular importance for the financial institution that holds the account: CAMPAL contains a safe harbor that immunizes a financial institution for payments it makes in compliance with … She established a living trust that expressly stated her intention to give the savings account to [the trust beneficiary].

Rogers v. County of Los Angeles

198 Cal. App. 4th 480 · California Court of Appeal · Aug 16, 2011

Guidry about every three weeks, and that he told her that she could not perform her job duties because she could not think clearly and had headaches. … his or her right to take a qualifying leave; and (4) the plaintiff suffered an adverse employment action because he or she exercised the right to take CFRA leave.

People v. Maxwell

206 Cal. App. 3d 1004 · California Court of Appeal · Dec 21, 1988

However, in a subsequently decided case, the same court qualified its endorsement of the earlier dictum and chose, instead, to *1010 uphold the police conduct under a standard of reasonableness: “Given the time, place and … the circumstances, Officer Steffen clearly was justified in ordering the passengers out in order to get them away from what might well be a weapon under the seat.”

California Fair Employment & Housing Commission v. Gemini Aluminum Corp.

18 Cal. Rptr. 3d 906 · California Court of Appeal · Sep 29, 2004

.; hereafter FEHAj is found in section 12926, subdivision (o), which states: ‘As used in this part in connection with unlawful practices, unless a different meaning clearly appears from the context: [][]... [][] (o) “Religious … It takes years of training to become as proficient as Young was, and he was more qualified than anyone except Hardy to handle any production activity in the plant.

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[.]"

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

Peacock v. County of Sacramento

271 Cal. App. 2d 845 · California Court of Appeal · Apr 16, 1969

The effect of the ordinance was to establish requirements in regard to clear airspace for the existing runway. … County of Riverside, supra, 218 *861 Cal.App.2d 205, the Morse court clearly demonstrates the applicability of Sneed to the ease presently before us: “Plaintiffs cite Sneed v.

Collin v. American Empire Insurance

21 Cal. App. 4th 787 · California Court of Appeal · Jan 5, 1994

This issue was articulated most clearly by the Texas Supreme Court in Argonaut Southwest Insurance Company v. … At and near the latter end of the spectrum, there are many "conversions" which qualify as "accidents" within any reasonable reading of any insurance coverage clause. (See, e.g., Poggi v.

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.”

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.)

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.

Orange County Social Services Agency v. A.W.

172 Cal. App. 4th 1268 · California Court of Appeal · Mar 26, 2009

R[.W.] has had behavior problems at school at least since kindergarten when first qualified for Special Education due to Emotional Disturbance. … Mother argues the evidence was insufficient to establish an order limiting parents’ educational rights was necessary to protect R.W. Mother contends the motion was “based on the simple fact that . . .

Century 21 Chamberlain & Associates v. Haberman

173 Cal. App. 4th 1 · California Court of Appeal · Apr 17, 2009

Haberman bears the initial burden of establishing the causes of action in the complaint arise from her protected activity. … Generally, the court must determine whether a dispute is subject to contractual arbitration, unless the parties clearly and unmistakably agree otherwise. (AT&T Technologies v.

Harmon v. Super. Ct.

California Court of Appeal · Jan 20, 2026

The jury also found that he committed a qualifying sex offense against multiple victims under the one strike law. (Id., § 667.61, subd. (e)(4).) … We concluded that the amendment “clearly broaden[ed] the scope of the statute,” and counsel “was representing his client in a ‘criminal trial, proceeding or appeal’” when he prosecuted the writ petitions.

Grafilo v. Soorani

California Court of Appeal · Oct 29, 2019

It is well established that the right to privacy extends to medical records (Cross v. … Klessig was not qualified to opine on the standard of care applicable to a psychiatrist.

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

County of Inyo v. City of Los Angeles

71 Cal. App. 3d 185 · California Court of Appeal · Jun 27, 1977

We shall not extend this opinion by narrating the history of Los Angeles’ acquisition of extensive lands and water rights in the Owens Valley and its establishment of a system for exporting water to the City of Los Angeles … It does not qualify the concept of average rate by a time factor. It utilizes the wavering adverb “reasonably” to describe the baseline average.