Case law

Key v. Tyler

California Court of Appeal · May 28, 2024

However, we emphasized that Key’s showing did not establish the absence of probable cause as a matter of law. (Id. at p. 539.) … This significant change amounted to the type of contest that the Trustors clearly intended to trigger the full scope of the forfeitures identified in the No Contest Clause. (Cf.

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.]

Bacon v. Davis

9 Cal. App. 83 · California Court of Appeal · Sep 22, 1908

The fair import of the terms used, measured according to the established rules of interpretation, must clearly reveal the intention of the owner specifically to empower the agent to enter into a contract of sale of the property … So the general rule is, that a mere authority ‘to sell’ in the absence of any other words or circumstances qualifying the language, would not confer upon the agent the power to determine these matters for his principal.”

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.)

Bricklayers & Masons Union No. 1 v. Superior Court

216 Cal. App. 2d 578 · California Court of Appeal · May 23, 1963

In the suit it was alleged that on or about May 17, 1960, plaintiff and the defendant unions entered into a collective *580 bargaining agreement in writing under which the unions agreed to provide adequately trained and qualified … The rest know that by their action each one of them assures himself, in case his turn ever comes, of the support of the one whom they are all then helping; and the solidarity so established ‘is mutual aid’ in the most literal

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

Kern County Heart Ass'n v. Siemon

239 Cal. App. 2d 369 · California Court of Appeal · Jan 13, 1966

Wynne died on the 23d day of November 1962, in Kern County, that the will and the two codicils had been admitted to probate, and that letters testamentary were issued to Bennett Siemon, the qualified and acting executor of … In other words, the evidence must establish that the will itself was a product of the delusion in order to warrant a setting aside of a will.

Matter of Fireside Bank Cases

187 Cal. App. 4th 1120 · California Court of Appeal · Jul 28, 2010

Department of Health Services (1997) 16 Cal.4th 284, 297 [ 65 Cal.Rptr.2d 872 , 940 P.2d 323 ] [statute is to be "`"construed in light of common law decisions, unless its language `"clearly and unequivocally discloses an … Just as the judgment debtors could not establish a categorical right to relief in the face of the judgments, so Fireside could not establish, and made no attempt to establish, a categorical inability to establish such a right

A.L. v. Harbor Developmental Disabilities Foundation

California Court of Appeal · May 30, 2024

To prevail on such a motion, the moving party—here, the Regional Center—must show that the plaintiff “has not established, and reasonably cannot be expected to establish, one or more elements of the cause of action in question … This argument not only ignores that the immunity enjoyed by public agencies is limited and does not extend to the negligent failure to protect against risks (Gov.

People v. Alcaraz CA3

California Court of Appeal · Jul 23, 2024

Defendant responds that the evidence only establishes that he was advised his conviction was a serious felony, not that he admitted any conduct. … First, the burden is on the party attacking the sentence to clearly show that the sentencing decision was irrational or arbitrary. (Ibid.)

SF Beautiful v. City & Co. of SF

California Court of Appeal · May 30, 2014

In interpreting CEQA, we accord the Guidelines great weight except where they are clearly unauthorized or erroneous.” (Vineyard Area Citizens for Responsible Growth, Inc. v. … The Guidelines also establish exceptions to the exemptions. (Guidelines, § 15300.2.)

People v. Boatwright

California Court of Appeal · Jun 25, 2019

Proposition 64 reduced or eliminated criminal penalties for various marijuana- related offenses and established a petitioning process for individuals to seek a reduction in sentence based on these changes in law. … On the contrary, the underlying felonies were clearly identified at the time of defendant’s conviction.

In re Tellez

California Court of Appeal · Oct 18, 2022

As we discuss below, Tellez has established neither deficient performance nor prejudice. 1. … Moreover, as we have discussed, the professional norms prevailing at the time of the plea did not clearly require counsel to give such advice and still do not do so.

Esberg v. Union Oil Co.

104 Cal. Rptr. 2d 477 · California Court of Appeal · May 16, 2001

Moreover, the other criteria listed in Stevenson for establishing a public policy tort, i.e., the policy benefits society at large, is substantial and fundamental and was well established at the time of the conduct ( Stevenson … Esberg complains the effect of inequality in educational opportunities means the older worker becomes less qualified to compete for promotions or move into new fields.

Civil Rights Dept. v. Cathy's Creations

California Court of Appeal · Mar 5, 2025

“The purpose of the [UCRA] is to create and preserve ‘a nondiscriminatory environment in California business establishments by “banishing” or “eradicating” arbitrary, invidious discrimination by such establishments.’ … The UCRA “clearly is not limited to [wholly] exclusionary practices” but requires “equal treatment of patrons in all aspects of the business.” (Koire, supra, 40 Cal.3d at p. 29.)

Mix v. City of Oakland CA1/1

California Court of Appeal · Oct 3, 2014

He asserts section 349.2 represents “a general law of the state” that is “clearly applicable in the premises.” … However, it is well established that specific statutes take precedence over more general ones. (Salazar v. Eastin (1995) 9 Cal.4th 836, 857.)

People v. Morton

61 Cal. Rptr. 3d 266 · California Court of Appeal · Jun 20, 2007

There is simply no basis to assert that the defendant's criminal history must be established by evidence separate and apart from the probation report. … It is only those qualifying facts which can then be considered by the court in deciding, in its discretion , whether the upper term is warranted.

Onglyza Product Cases

California Court of Appeal · Apr 19, 2023

The goal of trial court gatekeeping is simply to exclude ‘clearly invalid and unreliable’ expert opinion.” (Sargon, supra, 55 Cal.4th at p. 772.) … Goyal conceded that he was not qualified to interpret animal data, and that the animal studies had the same defect Dr.