Case law

Di Donato v. Santini

232 Cal. App. 3d 721 · California Court of Appeal · Jul 22, 1991

This does not mean that the members of such a group are immune from peremptory challenges: individual members thereof may still be struck on grounds of specific bias, as defined herein.” (Id., at pp. 276-277.) … Since the record clearly demonstrates noncompliance, we reverse the judgment.” (Id., at p. 590.) 5 *734 The court in Holley v.

Nelson v. United Technologies

88 Cal. Rptr. 2d 239 · California Court of Appeal · Sep 22, 1999

The evidence, however, clearly proves that plaintiff’s conduct did not constitute time card fraud which was the employer’s stated reason for terminating [Nelson].” … Based upon these provisions, it is clear that Nelson’s circumstances qualified him for leave pursuant to the CFRA. UTC does not claim otherwise. B.

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.

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.

Gostev v. Skillz Platform

California Court of Appeal · Feb 28, 2023

Alternatively, the parties may bring claims that qualify for its jurisdiction in small claims court. … In short, Skillz has failed to establish the parties clearly and unmistakably delegated threshold issues of arbitrability to the arbitrator.9 8 In Brennan, the Ninth Circuit Court of Appeals held “that incorporation

Bank of America v. County of Fresno

127 Cal. App. 3d 295 · California Court of Appeal · Dec 30, 1981

The Evidence The respondents are duly qualified, appointed and acting co-executors of the will of William H. Noble, deceased. … Property receiving the homeowners’ exemption shall be clearly identified on the assessment roll.

Doe v. Wilson

57 Cal. App. 4th 296 · California Court of Appeal · Aug 25, 1997

Scope of Review, Jurisdiction, and Related Matters It is well established that we may only review the trial court’s order granting a preliminary injunction for an abuse of discretion. (Butt v. … Notice Register 88, No. 45-Z, p. 3581.) 2 The PRA bars publicly funded routine medical care by states to “an alien who is not— [<]Q (1) a qualified alien” ( 8 U.S.C. § 1621 (a)), and then defines the term “ ‘qualified alien

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.”

Hicks v. Bd. of Supervisors of Orange Cty.

69 Cal. App. 3d 228 · California Court of Appeal · Apr 22, 1977

Clearly the transfer of the investigative personnel was pursuant to a plan of reorganization and no part of the budgetary action. … In the words of the chairman, “Establish a pool of investigators for the entire county by consolidating the investigative staff of the District Attorney, the Sheriff-Coroner and the Public Defender into one unit.”

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.

Irvine Valley College Academic Senate v. Board of Trustees

29 Cal. Rptr. 3d 336 · California Court of Appeal · Jun 8, 2005

*1491 and for compelling reasons communicated to the selection committee and to the president of the academic senate of the college, will someone be hired as a faculty member who has not been found to be among the best qualified … No reasonable reading of the statute suggests that the District would be required to follow an existing policy that clearly contradicted state law, even if the Senates would not agree to revise the policy accordingly.

Gregory v. County of Los Angeles CA2/4

California Court of Appeal · Nov 21, 2014

(See Qualified Patients Assn. v. City of Anaheim (2010) 187 Cal.App.4th 734, 764.) 5 In support of her position, appellant relies on Cole v. Doe (N.D. … California courts interpreting this provision have focused on whether the organization at issue has sufficient businesslike attributes to qualify as a business establishment when it “appears to have been operating in a capacity

Pederson v. Superior Court

130 Cal. Rptr. 2d 289 · California Court of Appeal · Jan 28, 2003

Cost shifting, however, does not qualify as a compelling state interest. When a statutory classification is subject to strict scrutiny, the state must do more than show that the classification saves money. (Boren v. … We may also reform a statute in order to preserve it against invalidation when “(i) it is possible to reform the statute in a manner that closely effectuates policy judgments clearly articulated by the enacting body, and

Jimenez v. Hayes Apartment Homes

California Court of Appeal · Nov 26, 2025

While Swiers testified to working “on the balcony to the right” of the apartment, his testimony does not clearly identify the location or chronology of the events as they occurred. … Thus, “ ‘ “California law establishes the general duty of each person to exercise, in his or her activities, reasonable care for the safety of others.” ’ ” (T.L. v.

People v. Nash

California Court of Appeal · Aug 4, 2020

The court rejected the argument, stating, “It … appears settled that a final judgment is not immune from the Legislature’s power to adjust prison sentences for a legitimate public purpose. [Citations.] … Thus, while some qualifying petitioners certainly 42.

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.

Pierce v. Harrold

138 Cal. App. 3d 415 · California Court of Appeal · Nov 22, 1982

A careful comparison of the entire text of both sections clearly demonstrates that defendant is incorrect in concluding that section 1111, subdivision 3 merely restates in different language the substance of section 51, subdivision … That notion may well apply if she chooses to run again in 1988, but there is no way she could have qualified as a candidate for the November 2, 1982, General Election.

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.

Cocoa AJ Holdings, LLC v. Schneider

California Court of Appeal · Nov 3, 2025

Finally, Schneider argued Cocoa could not establish a probability of prevailing on any causes of action. … Navellier merely explained that the anti-SLAPP statute does not provide “ ‘immunity’ ” for a breach of a release or of other types of contracts affecting speech. (Navellier, supra, 29 Cal.4th at p. 93.)

Titus v. Canyon Lake Property Owners Assn.

13 Cal. Rptr. 3d 807 · California Court of Appeal · Apr 19, 2004

It was thus clearly foreseeable that the tenant’s violent outbursts and physical assaults would result in serious injury to the plaintiff. (Id. at pp. 415-416.) … Even if the conduct constituted a private nuisance against which CLPOA could seek relief, CLPOA would have had a heavy burden of proof to establish such a nuisance.