Case law

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

Department of Health Care Services v. Office of Administrative Hearings

6 Cal. App. 5th 120 · California Court of Appeal · Nov 29, 2016

namely a declaration establishing the Educational Agencies‟ duty to provide awarded OT and PT in this matter. … ‟s mother‟s testimony established L.M. suffered some regression in her fine motor skills.

Jeff Tracy, Inc. v. City of Pico Rivera CA2/2

240 Cal. App. 4th 510 · California Court of Appeal · Aug 18, 2015

In most cases, a contractor can establish valid licensure by simply producing “a verified certificate of licensure from the Contractors’ State License Board which establishes that the individual or entity bringing the action … (c)(3) [corporation qualifies for contractor’s license “upon the appearance of a qualifying individual appearing either as a responsible managing officer or a responsible managing employee on behalf of the corporation”].)

People v. Diaz CA2/6

California Court of Appeal · Jun 21, 2021

After he consulted with an attorney, the court granted him immunity. … The law presumes that every person is qualified to be a witness. (Evid. Code, § 700.)

Spotlight On Coastal Corruption v. Kinsey

California Court of Appeal · Dec 15, 2020

To uphold the ruling conferring public interest standing, Spotlight claims the trial court “clearly found—as a matter of fact—that [the Complaint] was sufficient to seek a writ of mandate, which finding is clearly supported … This court considered the interaction between government immunity “for any injury caused in fighting fires” in Government Code section 850.4 and an exception to that immunity in Vehicle Code section 17001 for injuries caused

Ferra v. Loews Hollywood Hotel

California Court of Appeal · Oct 9, 2019

Nevertheless, Ferra argues on appeal that the data “clearly establish that the work force is harmed by rounding” and “proved systematic under-compensation.” … The majority urges that the Legislature’s use of “regular rate” in section 226.7 was not a departure from established law because it added a qualifier—“of compensation”—that does not appear in the FLSA.

Organization of Deputy Sheriffs of San Mateo County, Inc. v. County of San Mateo

48 Cal. App. 3d 331 · California Court of Appeal · Mar 25, 1975

The petition was granted and a Law Enforcement Unit was established with ODS recognized as the organization representing these employees. … In the light of these rules, we have examined sections 9, 10 and 11 of San Mateo’s Resolution 28068 which provide for the establishment of representation units, their modification, and establishes criteria to be considered

People v. Underwood

181 Cal. App. 3d 1223 · California Court of Appeal · Jun 5, 1986

While his comments were somewhat more self-incriminating, defendant was clearly not professing his intentional participation in the robbery and/or murder. … The defendant’s acts and statements establish that he helped perpetrate the robbery and meant to effect its successful conclusion.

City of Oxnard v. Starr

California Court of Appeal · Feb 17, 2023

Of course, the rules established by initiative must be reasonable. … Government Code section 36813 establishes no specific rules for the conduct of City council proceedings. Instead, it leaves it to each municipality to establish its own rules.

Barreiro v. Bank of Italy National Trust & Savings Ass'n

125 Cal. App. 153 · California Court of Appeal · Jul 29, 1932

They qualified and are now acting in such capacity. Mrs. Barreiro is the appointed, qualified and acting guardian of the persons of the minors. The Southern Trust & Commerce Bank was sold to the Bank of America. … We rely upon the well-established rule that error is not presumed and that an appellant must show error before an appellate court can hold that it has been committed by the trial court.

Burch v. Superior Court

223 Cal. App. 4th 1411 · California Court of Appeal · Feb 19, 2014

The defendant clearly was not qualified to draft a will and supervise its execution, and by doing so he had engaged in the unauthorized practice of law, a misdemeanor. (Id. at p. 651.) … Our consideration of the Biakanja factors causes us to conclude that the defendants failed to establish the absence of a duty of care.

Stewart v. Preston Pipeline Inc.

36 Cal. Rptr. 3d 901 · California Court of Appeal · Dec 20, 2005

—was subject to a qualified privilege (i.e., discoverable only upon a good-cause showing). (Id. at p. 414.) … It reasoned: “[T]he Legislature clearly knows how to establish a ‘good cause’ exception to a protection or privilege if it so desires [e.g., the discovery of attorney work product under Code of Civil Procedure section 2018

Chapman v. Skype, Inc.

220 Cal. App. 4th 217 · California Court of Appeal · Oct 4, 2013

The trial court stated at the hearing that the term “Unlimited” was qualified by the footnote on the same Internet page and that Chapman had failed to allege justifiable reliance. … The court stated that the footnote reference to the fair usage policy was “clearly conspicuous” and, “because Defendant clearly disclosed the terms of its usage through the use of a superscript containing terms to which

Smith v. Superior Court

10 Cal. App. 4th 1033 · California Court of Appeal · Oct 29, 1992

There it was held "damages for emotional distress arising out of acts which invade an interest protected by established tort law are recoverable only if the claimed emotional distress naturally ensues from the acts complained … Petitioners' purported negligence clearly affected plaintiff.

Multani v. Witkin & Neal

California Court of Appeal · May 29, 2013

The Association‟s agents, Witkin & Neil and LB Management, separately argued that all of the tort claims asserted against them should be dismissed because they were entitled to qualified immunity under Civil Code section … The defendants argue that their moving papers made a prima facie showing that plaintiffs cannot establish any of these three elements. i.

Family Planning Specialists Medical Group, Inc. v. Powers

39 Cal. App. 4th 1561 · California Court of Appeal · Nov 9, 1995

By so concluding, the trial court did not clearly err or abuse its discretion, and we, thus, see no reason to disturb the trial court’s denial of Powers’s request for attorney fees. 7 *1572 III. … City of San Diego (1988) 202 Cal.App.3d 725, 736-737 [ 249 Cal.Rptr. 28 ]), the trial court would have been fully justified in denying Powers’s request for attorney fees solely on the basis that he did not qualify as a “successful

Dowden v. Superior Court

86 Cal. Rptr. 2d 180 · California Court of Appeal · Jun 28, 1999

The driver's statement evidently set forth ` ... his version of the accident and thus clearly is at the very heart of the attorney client privilege.' [Citations.]" ( Id. at pp. 717-718, 339 P.2d 567 .) … This initial concept differed from the federal rules which granted only a qualified protection founded on Hickman's work product doctrine. ( Hickman v. Taylor, supra, 329 U.S. 495 , 67 S.Ct. 385 , 91 L.Ed. 451 .)

Shirran v. Dallas

21 Cal. App. 405 · California Court of Appeal · Mar 7, 1913

This is sufficient evidence that the requisite proof was produced to establish the genuineness of the signatures of the defendants to their admission. … From the foregoing provisions of the indenture these propositions are clearly and unmistakably deducible: 1.

Franchise Tax Board v. Construction Laborers Vacation Trust

204 Cal. App. 3d 955 · California Court of Appeal · Sep 22, 1988

The court reasoned that, although ERISA provides that a plan may “sue or be sued” as an entity for specified relief and clearly contemplates the enforcement of money judgments against a plan, and although lawsuits against … To hold that anti-alienation provisions in a welfare benefit plan immunizes the plan from attachment and garnishment of welfare benefits would be in effect to find preemption. Disposition Judgment affirmed.

Inglewood Redevelopment Agency v. Aklilu

64 Cal. Rptr. 3d 519 · California Court of Appeal · Aug 20, 2007

However, Pedersen’s investigation of Auto Inn revealed it clearly had great potential for increased patronage and profit. … Desmond, the founder of her firm, in two of the three trials at which she had qualified as an expert.