Case law

The Regents of the U. of Cal. v. Super. Ct.

California Court of Appeal · Jun 13, 2024

If it does, we assess whether the complaint clearly discloses a defense or bar to recovery. (See’s Candies, Inc. v. Superior Court (2021) 73 Cal.App.5th 66, 76.) … We conclude the complaint clearly discloses the Regents’ immunity from the City’s planning code, barring the Coalition’s recovery as a matter of law. I.

Singer v. Bogen

147 Cal. App. 2d 515 · California Court of Appeal · Jan 11, 1957

The court stated, at page 668: “Defendant proceeded upon the charge as he might have done had it constituted a crime, which it clearly did not. ’ ’ In Platz v. … from civil liability under the well-established and sound rule of public policy so well expressed by Justice Brewer of the IT.

Guernsey v. City of Salinas

California Court of Appeal · Dec 17, 2018

Instead, the City’s instruction went on to implicitly presume that the City had established that it was entitled to design immunity without that issue ever having been presented to the trial court and, critically, to extend … If the trial court determines that the defense has been established, the jury is instructed that the public entity is immune as a matter of law for design-related damages, but if the damage is unrelated to the design (e.g

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.

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

Martinez v. Regents of University of California

166 Cal. App. 4th 1121 · California Court of Appeal · Oct 7, 2008

Privileges and Immunities Clause (U.S. … Or, as plaintiffs put it, if section 68130.5 requires an illegal alien to attend a California high school for three years in order to qualify for the exemption from nonresident tuition, then the state has effectively established

San Pasqual Band of Mission Indians v. St. of CA

California Court of Appeal · Oct 23, 2015

Limited Waiver of Sovereign Immunity. … It is well established that “[p]arties may, by contract, limit the remedies available to them in the event of breach.” (15 Corbin on Contracts (2003 rev. ed.) § 83.7, p. 286.)

DeMott v. Board of Police Commissioners

122 Cal. App. 3d 296 · California Court of Appeal · Jul 31, 1981

While establishing a negative obviously imposes logical difficulties, the more appropriate characterization would have been to require appellants to establish that the arcade was in fact a place “to which the public was admitted … Because the bookstore is obviously open to the public, the arcade is merely its appendage and similarly qualifies as a “public place.”

County of San Diego v. Superior Court

176 Cal. App. 3d 1009 · California Court of Appeal · Jan 23, 1986

Palomar received a score of 90.4 and Tri-City a score of 90.1; both hospitals were qualified. (A qualifying score was 70.) … The statute 3 “essentially establishes two different privileges—an absolute privilege if disclosure is forbidden by a federal or state statute (subd.

Let Them Choose v. San Diego Unified School Dist.

California Court of Appeal · Nov 22, 2022

It might be a different matter if the statute merely established a set of minimum vaccination requirements, leaving it to local school districts to supplement with additional immunizations they believed necessary to protect … authorize the governing boards of all school districts to initiate and carry on any programs, activities, or to otherwise act in any manner which is not in conflict with the laws and purposes for which school districts are established

Cherry v. Superior Court of Los Angeles Cty.

104 Cal. Rptr. 2d 131 · California Court of Appeal · Feb 7, 2001

(a)(1)) 1 which qualified as a strike under the “Three Strikes” law (§§ 667, subds. (b) -(i), 1170.12, subds. (a)-(d)). … As discussed ante, Morton clearly established that a new, *1305 trial is the proper procedure where the reviewing court reverses the true finding on the prior allegation for insufficient evidence. {People v.

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. Darrell T.

90 Cal. App. 3d 325 · California Court of Appeal · Feb 23, 1979

The evidence, although circumstantial, is clearly sufficient to support a conspiracy finding. … Clearly, under these circumstances defendant was not denied a fair trial. There was no error.

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. Talkington

140 Cal. App. 3d 557 · California Court of Appeal · Mar 4, 1983

His qualifications were established. Johansen stated he had been dealing with handguns for 25 years. His training had included disassembling and assembling weapons. … Clearly, as the officer opined, the principle of the device was that of the old-fashioned cannon designed to propel some type of missile.

Kemmerer v. County of Fresno

200 Cal. App. 3d 1426 · California Court of Appeal · May 5, 1988

The documentation presented to the civil service commission, which was before the lower court, establishes the applicability of these immunities. … Superior Court, supra, 69 Cal.2d 782 , those employees and the County are shielded from liability under the immunity established by Government Code section 821.6 hereinabove discussed in detail.

Smith v. Lockheed Propulsion Co.

247 Cal. App. 2d 774 · California Court of Appeal · Jan 17, 1967

The circumstances are thus clearly distinguishable from those present in Houghton, supra. … Its extension would be clearly contrary to the trend of recent decisions in this state and elsewhere. (Muskopf v. Corning Hospital Dist, supra).

People v. Palacios

California Court of Appeal · Jul 29, 2021

For these reasons, the People are not required to establish standing. But even if they were, the People have established standing. … Sufficiency of the evidence Because Alicia was not an accomplice as a matter of law, it was up the jury to decide whether she qualified as an accomplice.

Mattison v. Lichlyter

162 Cal. App. 2d 60 · California Court of Appeal · Jul 9, 1958

It would be difficult to imagine a ease more violative of the policy described in the eases just mentioned, than the case before us, or one more clearly justifying the granting of a proper motion. In Murrey v. … It has been frequently stated that this ‘judicial’ privilege exists as a matter of established public policy and rests upon sound principles of justice and right. (Citing cases.)

Conley v. Roman Catholic Archbishop of SF

102 Cal. Rptr. 2d 679 · California Court of Appeal · Dec 29, 2000

The Act clearly applies to clergy members, is limited in scope and furthers the compelling state interest *1133 of protecting children from abuse. … Here, however, the Legislature has clearly indicated that clergy are mandatory reporters entitled to the protections of subdivision (h) of section 11166.