Case law

Castaneda v. Bornstein

36 Cal. App. 4th 1818 · California Court of Appeal · Jun 30, 1995

The Uncontradicted Evidence Established Dr. Wang Was Immune From Liability Under the Physicians “Good Samaritan” Statutes. * III. The Trial Court Erred in Excluding Dr. … Barnes was qualified to offer an opinion on the cause of plaintiff’s injury.

People ex rel. Harris v. Rizzo

214 Cal. App. 4th 921 · California Court of Appeal · Mar 20, 2013

With the doctrines governing immunity thus established, we next turn to the issue of whether municipal salaries are within the discretion of municipal legislators. … It is apparent that, in this case, the Attorney General sought to impose liability on Rizzo and the Council member defendants for some acts which are clearly protected by legislative immunity.

Guzman v. County of Monterey

66 Cal. Rptr. 3d 258 · California Court of Appeal · Sep 25, 2007

Immunity In a tort action against a public entity, the question of duty is a threshold issue. The next question is whether any statutory immunity applies to bar plaintiffs' negligence cause of action. ( Davidson v. … County contends that it is immune under Government Code sections 818.2, 820.4, 821, 818.4, 821.2, and 820.8. None of these immunities is applicable.

Self v. Cher-AE Heights Indian Community etc.

California Court of Appeal · Jan 26, 2021

The question in this case is whether sovereign immunity bars a quiet title action to establish a public easement for coastal access on property owned by an Indian tribe. … We hold that the tribe’s sovereign immunity bars the action. Congress has not abrogated tribal immunity for a suit to establish a public easement.

Hayward v. Watsonville Register-Pajaronian and Sun

265 Cal. App. 2d 255 · California Court of Appeal · Aug 27, 1968

Thus, it met the requirement that in order to qualify as privileged such an article must state the source of its information. (See Prosser, Torts, (3d ed. 1964) §110, p. 819.) … The matter was connected with the case and germane to the preliminary arrest. ’ ’ Thus, if the oral statements of district attorneys, sheriffs, and police officers come under the qualified privilege immunity, then surely

Educational & Recreational v. Pasadena Unified Sch

65 Cal. App. 3d 775 · California Court of Appeal · Jan 7, 1977

As previously mentioned, the section clearly defines the standard under which a District must act. It cannot act arbitrarily. … However, to emphasize that this issue is uncontrolling here, we will assume that ERS qualified as such bidder.

Snell v. Superior Court

158 Cal. App. 3d 44 · California Court of Appeal · Jun 7, 1984

Superior Court, supra, 40 Cal.App.3d 623 ). 1 The relevance of a hospital’s records to show its conduct, whether careful or negligent, cannot serve as an implied exception to the clear, absolute immunity legislatively established … In this instance, the declaration of the hospital administrator clearly sets forth that the hospital administration did not maintain personnel files on the doctors.

People v. Beyea

38 Cal. App. 3d 176 · California Court of Appeal · Mar 28, 1974

However, it has been repeatedly held that California’s immunity statute is constitutional. “The decision as to who shall be granted immunity is ultimately a legislative function. [Citations.] … Clearly a legislature can react differently to the probable motives of a prosecutor who requests immunity, and those of a defendant in a criminal case.” (People v.

Heffington v. County of Stanislaus

143 Cal. App. 3d 838 · California Court of Appeal · Jun 10, 1983

The law is clearly established that a local governmental entity, such as Kenosha County, will be liable when through the execution of a government’s policy or custom, whether made by its law-makers or by those whose edicts … However, the county does not enjoy any derivative immunity. It may still be held liable notwithstanding Stahl’s enjoyment of immunity. (Rheuark v.

California Chiropractic Ass'n v. Board of Administration

40 Cal. App. 3d 701 · California Court of Appeal · Jul 17, 1974

It invoked article I, section 11 (requiring uniform operation of general laws) and section 21, proscribing special privileges or immunities) and article IV, section 16 (invalidating special statutes if a general statute can … They point out that in this limited branch of the healing arts their professional training and license qualifies them to perform and prescribe such services on an equal footing with medical doctors, except, of course, that

People v. Costa

1 Cal. App. 4th 1201 · California Court of Appeal · Dec 19, 1991

sale or distribution” in the section modifies solely the word “distribution” to the exclusion of the words “manufacturing” and “storing.” *1206 The issue raised here is one of statutory construction: What word or phrase is qualified … Wolden told appellant he “was having a problem . . . with some people that he was dealing with and that he needed to establish some kind of credibility with them.”

Wisner v. Dignity Health

California Court of Appeal · Nov 4, 2022

In his resignation e- mail, Wisner explained: “I am clearly not under any investigation at [SJMC] . . . since you pointed out repeatedly that you do not even know my activities as a surgeon these last 30 years. … To qualify for mandatory reporting, there is no requirement for a formal investigation taken in accordance with the hospital’s internal bylaws or policies. (Rogers, at p. 142.)

Philippine Export & Foreign Loan Guarantee Corp. v. Chuidian

218 Cal. App. 3d 1058 · California Court of Appeal · Mar 14, 1990

The record does not establish as a matter of law whether or to what extent his threats influenced Marcos to enter into the settlement. … The record does not establish to what extent the Philippine government, as it was constituted at the time of the stipulated judgment, would imply any such promise from this statement.

Crum v. Compton Unified School Dist. CA2/2

California Court of Appeal · Jun 23, 2014

Moran’s right to denounce her employer’s outreach program was not clearly established, thus qualified immunity protected her employer from civil damages. (Ibid.) … her burden of alleging that the rights she claims were, at the time of her dismissal, so clearly established as to preclude a finding of qualified immunity.

Fenton v. Groveland Community Services District

135 Cal. App. 3d 797 · California Court of Appeal · Sep 15, 1982

The right to vote contained in article II, section 2, clearly does not require enabling legislation, and must therefore be deemed to be self-executing. (Ibid.) … “(b) The liability of a public entity established by this part (commencing with section 814) is subject to any immunity of the public entity provided by statute, including this part, and is subject to any defenses that would

Walker v. ALLSTATE INDEMNITY COMPANY

92 Cal. Rptr. 2d 132 · California Court of Appeal · Jan 19, 2000

Second, appellants support their argument with two clearly distinguishable cases. First, appellants cite Security Services, Inc. v. … In response, the commissioner established an investigatory task force to determine the appropriate methodology for reviewing rate applications.

People v. Sparks

82 Cal. App. 2d 145 · California Court of Appeal · Oct 30, 1947

He stated that he sold some old gold in one establishment, and a ring in another. … The jury was clearly instructed that the ultimate question whether the statements were confessions or admissions, and if the former, whether they were given freely, voluntarily and without promise of immunity or hope of reward

Regents v. Super. Ct.

California Court of Appeal · Oct 7, 2015

Whether a statement qualifies as a term of the implied contract “is measured by the definiteness, specificity, or explicit nature of the representation at issue.” (Id. at 832.) … We fail to see how charging a fee for mental health services qualifies as a contractual obligation to protect students from third party misconduct. 13 Because we conclude that Rosen failed to establish UCLA owed her

Matthews v. County of San Bernardino

233 Cal. App. 3d 1623 · California Court of Appeal · Sep 12, 1991

summary judgment was based in part on its contention that it neither owned nor controlled the road in question, and, consequently, was not liable to plaintiff on the theory of dangerous condition of public property, plaintiff clearly … Simply stated, section 941 immunizes a county from any claimed nonfeasance regarding its lack of maintaining unaccepted roads.

People v. Chambers

162 Cal. App. 2d 215 · California Court of Appeal · Jul 17, 1958

This officer said he talked with defendant and all of his statements were free and voluntary and without promise of immunity. … The evidence related, together with the circumstances and inferences which could be reasonably drawn therefrom were sufficient to establish the corpus delicti. (People v.