Case law

People v. Gudger

29 Cal. App. 4th 310 · California Court of Appeal · Oct 18, 1994

Nonetheless, the court cautioned that a statute which criminalizes a form of pure speech must be interpreted with the commands of the First Amendment clearly in *319 mind, and a true threat must be distinguished from constitutionally … Indeed, section 76 would likewise be immune from attack as unconstitutionally overbroad if it contained the detailed guidelines articulated in Kelner .

Housley v. Haywood

56 Cal. App. 4th 342 · California Court of Appeal · Jun 26, 1997

principles of law unless such intention is made clearly to appear either by express declaration or by necessary implication.’ … In Juran , we clearly held that the Legislature did not abrogate the application of equitable estoppel principles when it enacted section 150.

California State University v. Workers' Compensation Appeals Board

16 Cal. App. 4th 1819 · California Court of Appeal · Jul 8, 1993

The court then reviewed the three “C’s” of employment status, observing, “The law clearly provides that the Labor Code section 3357’s presumption of employee status is overcome if the essential contract of hire, express or … In our view, the privilege of working at the camp rather than being confined in the jail does not qualify as sufficient consideration to support an employment relationship. (Cf. Pruitt v. Workmen’s Comp. App.

Payne v. Ward

28 Cal. App. 553 · California Court of Appeal · Oct 14, 1915

The district was established in accordance with the provisions of an act of the legislature to promote drainage, approved March, 1885 (Stats. 1885, p. 204), amended in 1891 (Stats. 1891, p. 262), and also in 1909 (Stats. … The result of the assessment and the amount of his tax were just the same by adopting one method as the other, and it clearly appears from the testimony that if it had all been assessed at 94 cents per acre instead of one-half

People Ex Rel. Lockyer v. Pacific Gaming Technologies

98 Cal. Rptr. 2d 400 · California Court of Appeal · Jul 27, 2000

These were the facts in Trinkle : John Trinkle and others owned vending and amusement machines, including “Match 5 Jukeboxes” that they rented to business establishments. … With or without those features, the VendaTel meets the statutory definition of an illegal slot machine (§§ 330b, 330.1) and fails to qualify for the exemption (§ 330.5).

DISABLED & BLIND ACTION COMMITTEE OF CAL v. Jenkins

44 Cal. App. 3d 74 · California Court of Appeal · Dec 26, 1974

In their place a single program was established under title XVI of H.R.-1 ( 42 U.S.C. §§ 1381-1385 ). … Very clearly under section 12200, the income of either spouse is considered if both are eligible.

Allen v. WCAB CA3

California Court of Appeal · Sep 24, 2014

Allen underwent a qualified medical examination on August 9, 2007. The doctor, Dr. Bruce E. Thompson, concluded Allen was completely healed from her fall. … The failure to seek review within the time allotted by statute renders that order final and immune from legal attack.

Dobrzensky v. Dobrzensky

105 Cal. App. 2d 134 · California Court of Appeal · Jun 25, 1951

While it is not determinative, nevertheless it is remarkable that in this case no intimate acquaintance nor qualified physician, not even respondent, saw fit to testify that in his or her opinion the decedent lacked testamentary … a long line of authorities that any testamentary document in existence at the execution of a will may, by reference, be incorporated into and become a part of the will, provided the reference in the will is distinct and clearly

Hindin v. Rust

13 Cal. Rptr. 3d 668 · California Court of Appeal · May 24, 2004

Therefore, file public policy encouraging the early dismissal of unmeritorious lawsuits should immunize State Farm from exposure to malicious prosecution liability. (Sangster v. … The Court of Appeal issued a peremptory writ of mandate directing the trial court to consider the motion on its merits: “In our judgment the clearly articulated legislative intent of section 437c, subdivision (f), is effectuated

Samuelian v. Life Generations Healthcare, LLC

California Court of Appeal · Aug 20, 2024

It should be even more obvious that no firmly established principle of public policy authorizes an employee to become his employer’s competitor while still employed. … Significantly, “[e]xcept as otherwise provided,” is not qualified in Corporations Code section 17704.09, subdivision (f)(3). But the RULLCA expressly qualifies other exceptions. (See, e.g., Corp. Code, § 17701.10, subd.

People v. Rivas

238 Cal. App. 4th 967 · California Court of Appeal · Jul 20, 2015

Before the court qualified her as an expert, both the prosecutor and counsel for defendant Valadez questioned her concerning her training and experience. … Defendant Rivas does not state clearly how this testimony was prejudicial to him.

Hobbs v. City of Pacific Grove

California Court of Appeal · Nov 14, 2022

(Id. at 10 p. 570.) “ ‘To have a property interest in a benefit, a person clearly must have more than an abstract need or desire’ and ‘more than a unilateral expectation of it … Beyond the procedural rights, if any, implicated by government action, the substantive reasonableness of a governmental decision impacting private rights is not immune from constitutional scrutiny.

Weaver v. Superior Court

95 Cal. App. 3d 166 · California Court of Appeal · Jun 27, 1979

Rainey's findings noted above were correct but attempted to qualify that concession by stating that "[t]he pathology report showed `calcified villi' which means that the patient had at some time previously been pregnant and … , then, a defense verdict or a dismissal on the merits equates with a favorable termination and thus establishes the first element of a malicious prosecution case.

People v. Aleo CA5

California Court of Appeal · Dec 11, 2025

criminal charges, save for purposes of impeachment or rebuttal where the probationer’s revocation hearing testimony or evidence derived therefrom and his testimony on direct examination at the criminal proceeding are so clearly … Mitchell, supra, at p. 588 [agreeing with Myles that “extending judicially created use immunity to 43.

Reaves v. County of Los Angeles CA2/7

California Court of Appeal · Dec 14, 2015

In that event, the deponent shall designate and produce at the deposition those of its officers, directors, managing agents, employees, or agents who are most qualified to testify on its behalf as to those matters to the … Clearly, the late opposition was the result of a tactical decision made in reliance on a request for an immediate stay with the Court of Appeal, without consideration of the possibility the request might be denied.

Houghtaling v. SUPERIOR COURT OF SAN BERNARDINO CTY.

17 Cal. App. 4th 1128 · California Court of Appeal · Aug 11, 1993

If stronger evidence is clearly available, the trial court may draw the inference offered by Evidence Code section 412, and view the proffered evidence with distrust. … As proceedings are rarely, if ever, reported, there is little point in establishing detailed rules where errors would generally escape discovery and correction.

Stand up for California v. State of Cal.

6 Cal. App. 5th 686 · California Court of Appeal · Dec 12, 2016

The referendum qualified for the November 2014 general election ballot. … Florida (1996) 517 U.S. 44, 47 [ 134 L.Ed.2d 252 , 116 S.Ct. 1114 ], however, the United States Supreme Court held that a state can obtain dismissal of such a lawsuit by invoking sovereign immunity under the Eleventh Amendment

Gonzalez v. County of Tulare

76 Cal. Rptr. 2d 707 · California Court of Appeal · Jul 20, 1998

The Planning and Zoning Law establishes the authority of most local government entities to regulate the use of land. (Topanga Assn. for a Scenic Community v. … However, unlike former section 65009, former section 65907 included a provision which qualified the two limitations periods with the words “except as otherwise provided by ordinance.”

WATSONVILLE PILOTS ASSN. v. City of Watsonville

183 Cal. App. 4th 1059 · California Court of Appeal · Mar 15, 2010

To qualify as a low-activity runway under the 2002 Handbook, a runway must be less than 4,000 feet long and have fewer than 2,000 takeoffs and landings on a runway end. … The City’s 2005 alterations of the 2003 WAMP were clearly designed to permit the City to designate Runway 8 as a low-activity runway.

Moore v. Regents of the University of California

248 Cal. App. 4th 216 · California Court of Appeal · Jun 2, 2016

This step is designed to eliminate at the outset the most patently meritless claims, as where the plaintiff is not a member of the protected class or was clearly unqualified, or where the job he sought was withdrawn and … Moore contends that she requested leave for a CFRA-qualified reason—i.e., heart surgery—and that instead of notifying Moore of her right to take CFRA-qualified leave 40 and