Case law

Cline v. Time Warner Cable, LLC CA4/2

California Court of Appeal · Nov 3, 2015

Cline qualified for leave under the California Family Rights Act (CFRA) and/or the federal Family Medical Leave Act (FMLA). … Documents prepared by Unum and any statements relied upon by TWC that came from Unum records or statements from employees clearly were inadmissible hearsay.

People v. Toth

182 Cal. App. 2d 819 · California Court of Appeal · Jul 19, 1960

But, as a prerequisite to the reception of a defendant’s extrajudicial statement in evidence, the corpus delicti need not be established by proof as clear and convincing as is necessary to establish guilt. (25 Cal.Jur.2d … It may be directed to the eliciting of any matter which may tend to overcome or qualify the effect of the testimony given by him on his direct examination. [Citing eases.]

Neubauer v. Goldfarb

133 Cal. Rptr. 2d 218 · California Court of Appeal · Apr 23, 2003

targeted cause of action has no merit. 9 “A defendant. . . has met his or her burden of showing that a cause of action has no merit if that party has shown that one or more elements of the cause of action . . . cannot be established … If subsequent events impart a new and significant slant on information already discussed, their disclosure is mandated.” 51 The court qualified this holding by noting “subsequent events may have significance, and thus require

Nichols v. City of Taft

66 Cal. Rptr. 3d 680 · California Court of Appeal · Oct 2, 2007

trial judge is the best judge of the value of professional services rendered in his court, and while his judgment is of course subject to review, it will not be disturbed unless the appellate court is convinced that it is clearly … J., and Hill, J., concurred. 1 Government Code section 12900 et seq. 2 The firm also has offices in other large metropolitan areas in the United States and abroad. 3 The court qualified its conclusion by noting that the question

Vendor Surveillance Corporation v. Henning

California Court of Appeal · Mar 18, 2021

If the customer requires part-time, project-based on demand source inspection, Verify subcontracts with VSC to provide a qualified project specialist. … After identifying qualified project specialists from the database, VSC contacts each to determine their interest in the work.

Mercury Insurance v. Enterprise Rent-A-Car Co.

95 Cal. Rptr. 2d 222 · California Court of Appeal · Apr 24, 2000

Koji’s son, Mamoru Gary Okamoto (Okamoto), qualified as an insured under the Policy. … “Cases interpreting this language have established that where an insured has overlapping insurance policies and one insurer becomes insolvent, the other insurer, even if only a secondary or excess insurer,. is responsible

In Re Marriage of Hubner

114 Cal. Rptr. 2d 646 · California Court of Appeal · Dec 20, 2001

demonstrate he was making a good faith effort to complete high school as soon as possible in order to be eligible for continued child support, or to take courses necessary to graduate while in the APS program in order to qualify … The language of the statute clearly states that the parent’s duty of support continues so long as a child over age 18 remains a “full-time high school student.” (§ 3901, subd. (a).)

Jackson v. Department of Justice

102 Cal. Rptr. 2d 849 · California Court of Appeal · Jan 5, 2001

As will be seen, the difficulty this case presents arises out of the legislative failure to clearly spell out the relationship between the registration requirements of section 12285 and the permit process established pursuant … A consignment for sale is a form of bailment, and as Witkin points out, “[a] bailment is usually clearly distinguishable from a sale. [Citations.]” (Id. at § 1, p. 13.)

In Re MM

65 Cal. Rptr. 3d 273 · California Court of Appeal · Aug 28, 2007

While ICWA clearly establishes a preference for tribal court jurisdiction in custody proceedings involving Indian children and provides certain rules for the transfer of cases to tribal courts, it does not prescribe any particular … App.4th 1059, 1063, fn. 2 , 31 Cal.Rptr.3d 880 [lack of formal judicial remedy for alleged injustice is "sometimes an inevitable consequence ... of the tribe's sovereign immunity"].)

Novartis Vaccines & Diagnostics, Inc. v. Stop Huntingdon Animal Cruelty USA, Inc.

50 Cal. Rptr. 3d 27 · California Court of Appeal · Oct 12, 2006

While a defendant need only make a prima facie showing that the underlying activity falls within the ambit of the statute, clearly the statute envisions that the courts do more than simply rubber stamp such assertions before … Communications Decency Act Finally, SHAC USA argues that it is immune from liability under section 230 of the Communications Decency Act, title 47 United States Code section 230 .

California Manufacturers etc. v. Off. of Environmental Health etc.

California Court of Appeal · Mar 23, 2023

In other words, we read this qualifier as building into the process reasonable room—a margin—to account for uncertainty so as to ensure public health. … Applying these definitions, “level” clearly refers to a numerical value of the concentration of perchlorate in drinking water.

County of Alameda v. Alameda County Taxpayers' Assn., Inc.

California Court of Appeal · Jan 29, 2024

After receiving an initiative petition signed by 86,513 voters, the registrar certified that the requisite number of valid signatures had been received to qualify the proposed initiative for the ballot (Elec. … An initiative measure “ ‘must be upheld unless [its] unconstitutionality clearly, positively, and unmistakably appears.’ ” (Rossi, supra, 9 Cal.4th at p. 711.)

Hull v. Superior Court CA4/2

California Court of Appeal · Oct 29, 2013

That court also found merely a “mistake of law” concerning the scope of the Department of Corrections‟ (as it was then) power to establish regulations governing parole. … As noted in the memo [which was attached] any request for an SVP hold has to be for good cause, and the definition of good cause is clearly listed in WI 6601.3(b).”

California State Automobile Ass'n Inter-Insurance Bureau v. Downey

96 Cal. App. 2d 876 · California Court of Appeal · Apr 10, 1950

This is a phase of the insurance business clearly subject to regulation. No company can be compelled to assume a risk. … The cases heretofore cited clearly establish that the due process clause is no impediment to such a statute.

People v. Mary H.

5 Cal. App. 5th 246 · California Court of Appeal · Nov 7, 2016

Persons providing evaluation services shall be properly qualified professionals . . . .” (§ 5008, subd. (a).) 11.  III. … “The starting point of our analysis is ‘the strong presumption that legislative enactments “must be upheld unless their unconstitutionality clearly, positively, and unmistakably appears. [Citations.]

Estate of Herrera

10 Cal. App. 4th 630 · California Court of Appeal · Oct 21, 1992

Her supporting arguments, incorporating an impressive array of established principles governing family allowances, proceed along these lines: When presented with a request by a qualified applicant for a family allowance, … Herrera had a demonstrated history of noncompliance with established procedures and an express court order.

Bahten v. County of Merced

59 Cal. App. 3d 101 · California Court of Appeal · Jun 15, 1976

At common law public entities were, in general, immune from suit. … After the administratrix had qualified, plaintiff filed a timely claim with her which she rejected.

Gardner v. Rutherford

57 Cal. App. 2d 874 · California Court of Appeal · Mar 29, 1943

Eighty-nine per cent of the stock was issued to respondent Gardner and eleven per cent to Poneeitta, but three of these shares were issued to three other persons in order that they might qualify as directors, one of the three … Peters, 41 Cal.App.2d 671 [ 107 P.2d 434 ], in which this court said: “Clearly this suit is founded on an oral contract for the leasing of real property. (Sec. 1945, Civ. Code.)

Price v. Wells Fargo Bank

213 Cal. App. 3d 465 · California Court of Appeal · Aug 24, 1989

They concentrated their operations on raising purebred angus cattle and hoped to establish a registered herd over a period of years. … The covenant of good faith and fair dealing operates as “ ‘a kind of “safety valve” to which judges may turn to fill gaps and qualify or limit rights and duties otherwise arising under rules of law and specific contract language

Whaler's Village Club v. Califonia Coastal Commission

173 Cal. App. 3d 240 · California Court of Appeal · Oct 11, 1985

“We do not consider lightly the importance of the constitutional guarantee attaching to private ownership and use of real property. [] However, more than 50 years ago, it was clearly established that property ownership rights … Shoals appeal involved repair to a seawall and section 30212, subdivision (b)(5) requires a showing that repair work will have an adverse impact on lateral public access. 6 Government Code section 818.4 already provides immunity