Case law

San Bernardino County Department of Public Social Services v. Ebrahim A.

9 Cal. App. 4th 1695 · California Court of Appeal · Oct 1, 1992

“Informed opinion has clearly come to hold that an indigent parent is entitled to the assistance of appointed counsel not only in parental termination proceedings, but also in dependency and neglect proceedings as well. … Although minor’s remarks were not made until a day or two after she received her “owie,” the circumstances under which they were made are sufficient to qualify them as spontaneous declarations.

People v. Miller

California Court of Appeal · Jul 7, 2025

In his supplemental brief, Miller contends that he qualifies for relief because he was charged with felony murder, which is all that is required under section 1172.6, subdivision (a)(1). … We apply two well-established canons of statutory interpretation in reaching this conclusion.

Motevalli v. Los Angeles Unified School District

18 Cal. Rptr. 3d 562 · California Court of Appeal · Sep 9, 2004

The District had the case removed to federal court, which dismissed the section 1983 claim against the District on the ground of sovereign immunity under the Eleventh Amendment, and remanded the state claims to state court … consecutive school year, that teacher is automatically deemed reelected and is entitled to classification as a permanent employee at the commencement of the succeeding school year. 7 *111 Section 44929.21, subdivision (b), clearly

Kerkeles v. City of San Jose

243 Cal. App. 4th 88 · California Court of Appeal · Dec 18, 2015

The federal courts also recognize departures from the American Rule for clearly stated statutory or contractual provisions. (See, e.g., Baker Botts L.L.P. v. … Although section 1988 clearly affords the court discretion to determine a reasonable fee, that discretion “is not unlimited.

Osborne v. Yasmeh

California Court of Appeal · Jul 29, 2016

The scope of the statute clearly is not limited to exclusionary practices. … The Legislature has clearly stated that business establishments must provide ‘equal . . . advantages . . . [and] privileges’ to all customers ‘no matter what their sex.’ (§ 51.)” (Id. at p. 39.)

Neville v. County of Sonoma

206 Cal. App. 4th 61 · California Court of Appeal · May 21, 2012

The court stated that “the courts of this state in dealing with the question of the legal status of public officers and employees have drawn a clear distinction between the two, unless it clearly appears from the context … The director may provide for inspectors qualified to be employed in designated categories. Successful candidates shall be given a license which shall be good for five years unless revoked.

People v. Glazier

186 Cal. App. 4th 1151 · California Court of Appeal · Jul 19, 2010

Ochoa (1993) 6 Cal.4th 1199, 1206 [ 26 Cal.Rptr.2d 23 , 864 P.2d 103 ]), the evidence at trial established the following. … While Appellant may have used these ‘instruments’ to ‘enter’ the residence, not all entries by instrument qualify as entries covered by the burglary statute.”

Argentieri v. Zuckerberg

8 Cal. App. 5th 768 · California Court of Appeal · Feb 15, 2017

It also noted that Abraham’s defamation claim was based on statements clearly made in connection with the pending federal litigation and was directly related to the issues raised by the pleadings, since the statements asserted … everyone else—might end up seeing it. 16 that the litigation privilege should not be extended to “ ‘litigating in the press’ ” because “it would serve no purpose but to provide immunity

Jarrett v. AllState Insurance

209 Cal. App. 2d 804 · California Court of Appeal · Nov 20, 1962

Thus it is a well-established principle that each clause of an insurance contract must be considered with reference to every other clause on which it has any bearing and all of the provisions are to be construed together … This clearly refers to “loss” as the sums payable under the terms of the policy The appellant asks us to declare that the employer’s lien (Lab.

People v. Babaali

171 Cal. App. 4th 982 · California Court of Appeal · Mar 3, 2009

[M.M.] was not aware beforehand that he was going to do that, which I think clearly distinguish[es] the fraud in inducement cases.” “[She] did not know she was going to be touched on the breasts. … At the time, section 261, subdivision (a)(4) recited three conditions which would qualify the victim as “unconscious of the nature of the act.”

Bechtel v. Board of Retirement

102 Cal. App. 3d 9 · California Court of Appeal · Feb 11, 1980

He asserts that he established a prima facie case to that effect through his own testimony and the opinion of his experts, and we agree. … Comparable presumptions have been established under the Workers’ Compensation Act (Lab.

People v. White

223 Cal. App. 4th 512 · California Court of Appeal · Jan 28, 2014

As pertinent here, White argued that he qualified for resentencing under that section because (1) he was serving the life sentence for his conviction of a violation of section 12021(a), a felony that was not a serious or … The court then commented, "And possession of a firearm, that for other purposes would clearly be armed." In response, defense counsel acknowledged that, "[i]n the plain language of the word, yes, he was armed."

People v. Jose H.

92 Cal. Rptr. 2d 228 · California Court of Appeal · Jan 27, 2000

The prosecutor filed an opposition arguing “the principal significance of the P[enal] C[ode] section 12022.7 enhancement under Count II is to qualify and perfect the offense for treatment as a ‘strike’ in the future, should … Clearly, any change in current law must be addressed by the Legislature.

Credit Suisse First Boston Mortgage Capital, LLC v. Danning, Gill, Diamond & Kollitz

178 Cal. App. 4th 1290 · California Court of Appeal · Nov 3, 2009

The foregoing considerations establish that “money” is to be read in conjunction with letters of credit and advices of credit. … To begin with, while rejecting the stipulation, the trial court’s minute order clearly allowed the parties to file their motions.

Darley v. Ward

136 Cal. App. 3d 614 · California Court of Appeal · Oct 19, 1982

“Contractor shall provide to County an on-site, full-time, competent, experienced, and qualified general project manager . . . [and] hospital controller. … “Contractor shall use its best efforts to establish quality control in all of the operations ....

People v. Dungo

176 Cal. App. 4th 1388 · California Court of Appeal · Aug 24, 2009

Bolduc was as qualified as anyone, including himself, to perform the duties of a forensic pathologist. To his *Page 1397 knowledge, the only thing Dr. … The court explained that "[f]orensic evidence is not uniquely immune from the risk of manipulation. . . .

Elizabeth D. v. San Diego County Health & Human Services Agency

207 Cal. App. 4th 1088 · California Court of Appeal · Jul 18, 2012

It further found that Elizabeth had qualified as the children’s presumed mother in their early years; however, the presumption of maternity was rebutted by her subsequent lack of contact with the children and Crystal’s maternal … (See Adoption of Kelsey S. (1992) 1 Cal.4th 816, 844 [ 4 Cal.Rptr.2d 615 , 823 P.2d 1216 ] [it has long been recognized that the Legislature clearly intended “to provide natural fathers with far less rights than both mothers

Todd Shipyards Corp. v. City of Los Angeles

130 Cal. App. 3d 222 · California Court of Appeal · Mar 25, 1982

Carleson (1975) 45 Cal.App.3d 670 [ 119 Cal.Rptr. 711 ], the Tripp court stated emphatically, “While it is true *227 that governmental entities traditionally have been immune from liability for interest, Civil Code section … Although the home rule provision clearly embraces taxation for local purposes and although such power is very broad (see Weekes v. *228 City of Oakland (1978) 21 Cal.3d 386, 400 [ 146 Cal.Rptr. 558 , 579 P.2d 449 ]), it does

People v. Renaud CA3

California Court of Appeal · Apr 7, 2016

“Although section 11362.775 clearly provides for collective cultivation, it does not specify what the Legislature meant by an association of persons who engage in collective or cooperative cultivation for medical purposes … (Qualified Patients Assn. v. City of Anaheim (2010) 187 Cal.App.4th 734, 748.)

Cicone v. URS Corp.

183 Cal. App. 3d 194 · California Court of Appeal · Jul 10, 1986

Thus, Goodman is clearly distinguishable on its facts from the instant case. … White, Inc., and its insurer, Royal Globe, in light of evidence presented which established E. L.