Case law

People ex rel. Lockyer v. Fremont Life Insurance

104 Cal. App. 4th 508 · California Court of Appeal · Dec 18, 2002

Those activities included giving of advice and the suggestions that the salespersons were able to give highly qualified expert advice and were giving such expert advice. … Appellant states respondent failed to establish that “each consumer” was actually harmed.

Bertuccio v. Superior Court

118 Cal. App. 3d 363 · California Court of Appeal · Apr 28, 1981

for labor organizations representing agricultural employees it would have done so plainly and clearly. … It observed that while decisions of the United States Supreme Court had established as a general principle that the NLRB has exclusive jurisdiction over conduct which arguably involves practices either protected or prohibited

Beverly v. Newport Beach Police CA4/3

California Court of Appeal · Jan 23, 2023

Her cause of action for malicious prosecution fails because the police have immunity under state law. … Such legal arguments qualify as legal memoranda, not factual evidence, without regard to whether they are declared to be true.

People Ex Rel. Franchise Tax Board v. Superior Court

164 Cal. App. 3d 526 · California Court of Appeal · Feb 7, 1985

The “purpose” of Safeco’s action to prevent enforcement of the subpoena is clearly restraint. Thus the court’s order is barred by section 32. … The TEFRA provision required that the state’s bonds be in registered, rather than bearer, form to qualify for the federal tax exemption for interest earned on those bonds.

People v. Bell

California Court of Appeal · Nov 3, 2015

Defendants contend there was insufficient evidence to establish this element. We disagree. … Sections 30510 and 30515 set forth various firearms and categories of firearms that qualify as assault weapons.

People v. Grant CA4/2

California Court of Appeal · Apr 5, 2016

On the forgery conviction, defendant argued “Proposition 47 clearly gave relief on the 470 class of crimes, and there’s no suggestion that the loss was over $950, so he should receive relief on all counts.” … In such cases the prosecution has the burden of establishing enhancements apply. (People v.

Villa Zinfandel v. Bearman

California Court of Appeal · Dec 4, 2025

“This statutory presumption was clearly intended . . . ‘ “to ensure that a properly conducted sale is final between the parties and conclusive as to a bona fide purchaser.” ’ ” (Melendrez, at p. 1255.) … Even if a case qualifies as a limited case, the party must explicitly state that the case is limited in its pleading. (Stratton v. Beck (2017) 9 Cal.App.5th 483, 493; see § 422.30, subd.

Maryland Casualty Co. v. Nationwide Insurance

76 Cal. Rptr. 2d 113 · California Court of Appeal · Jun 24, 1998

The court granted the motion, finding the “plain unambiguous” language of the endorsements established no defense duty existed. … Thus, a reasonable insured would be entitled to presume the defense duty applied to Nielsen unless the policy clearly provided otherwise. (See Gray v.

Douglass v. Webb

209 Cal. App. 2d 290 · California Court of Appeal · Nov 7, 1962

The trial judge, exercising his discretion, determined Severy to be qualified as an expert (Pfingsten v. Westenhaver, 39 Cal.2d 12 [ 244 P.2d 395 ]; Huffman v. … The record fails to establish any of the elements necessary to constitute a joint venture. (Stilwell v. Trutanich, 178 Cal.App.2d 614 [3 Cal. Bptr. 285].)

The People v. Peddell CA2/8

California Court of Appeal · Sep 26, 2013

(Qualified Patients Assn. v. City of Anaheim (2010) 187 Cal.App.4th 734, 744.) … The MMPA established a defense to criminal sanctions for certain individuals who are associates in a medical marijuana cultivation collective or cooperative: “Qualified patients, persons with valid identification cards, and

Lippman v. City of Oakland

California Court of Appeal · Jan 22, 2018

The 2010 Building Code provides that every city “shall establish a process to hear and decide appeals” instead of stating that every city “shall establish a local appeals board and a housing appeals board.” … The intent to have separate reviewing and enforcing bodies is clearly reflected in the 1977 amendments to the State Housing Law, which added, among other things, a housing appeals board. (Sen. Bill No. 1072 (1977 Reg.

Kaufman & Broad Building Co. v. City & Suburban Mortgage Co.

10 Cal. App. 3d 206 · California Court of Appeal · Aug 4, 1970

Although plaintiff suggested that he “might” wish to abandon his second count at a future time, he qualified his statements repeatedly by reservation and equivocation. … The role of the court in directing a verdict is firmly established in California.

Greene v. MARIN CTY. FLOOD CONTROL & WATER CONSERVATION DIST.

171 Cal. App. 4th 1458 · California Court of Appeal · Mar 11, 2009

The initiative imposed new procedural requirements on increases in assessments, which were clearly intended to supersede the existing statutory procedures. … "Voting" is not qualified in article II, section 7 to make it inapplicable to a fee election, and "election" and "vote" are not qualified in article XIII D, section 6(c) to make article II, section 7 inapplicable.

Williams v. Los Angeles County Metropolitan Transp. Authority CA2/3

California Court of Appeal · Apr 5, 2016

The MTA did not clearly and specifically object to the instruction’s last sentence. … On cross-examination, however, she explained that a “qualified candidate pool” had been established and any openings that occurred would be filled from that pool.

Williams v. Binkley

181 Cal. App. 2d 367 · California Court of Appeal · May 26, 1960

There appears to be no question that the documents qualify as ancient documents. It is clear that common reputation is admissible to show pedigree (Code Civ. … The degree is established by counting the generation from one relative up to the common ancestor and from the common ancestor to the other relative.

Del Mar v. Caspe

222 Cal. App. 3d 1316 · California Court of Appeal · Aug 16, 1990

Despite the Legislature’s inaction, the trial court purported to establish such an exemption, by finding it implicit in the Business and Professions Code. … Obviously, proof of all four circumstances would be sufficient to establish that a broker “arranged” a loan.

De Paolo v. Rosales

California Court of Appeal · Jan 27, 2026

“The parties’ agreement clearly stated that Defendant Rosales’ occupancy was dependent upon the continuation of the employer-employee relationship and that when the 6 employer-employee … In order to qualify as a tenancy within the meaning of the TPA, the occupant’s occupation of the premises must be lawful. (Civ. Code § 1946.2, subd. (k)(3).)

People v. Hall

California Court of Appeal · Dec 5, 2024

That would clearly not be testimonial. “Now as to all the [other] statements by [T.E. and A.F.], the Court has reviewed [Clark, citation]. … statements, [citation], but found it unnecessary to endorse any of them, because ‘some statements qualify under any definition,’ [citation].

People Ex Rel. Public Utilities Commission v. Ryerson

241 Cal. App. 2d 115 · California Court of Appeal · Mar 24, 1966

Item 85-A provides in substance that before a shipment in multiple lots may qualify for a single shipment rate, the entire shipment must be available and tendered at one time, a single shipping document must be issued prior … It is in furtherance of the purposes of the act, among which are the establishment of just and reasonable rates and the prevention of discrimination. (Gardner v. Rich Mfg. Co., supra, p. 729.)

People v. Superior Court (Diaz-Armstrong)

California Court of Appeal · Aug 16, 2021

This history establishes that the Legislature wanted the existing bar on diversion for DUI offenses to take precedence. … There is also no qualifying language in section 1001.95 to indicate that the list of exemptions are exclusive.