Case law

People v. Doram CA4/1

California Court of Appeal · Jul 5, 2023

(Ibid.) “ ‘[O]fficial government records clearly describing a prior conviction 5 presumptively establish that the conviction in fact occurred, assuming those records meet the threshold … Clearly, this evidence was not part of the record of conviction from case SCE272058, which culminated in a final judgment of conviction before cases SCE283870, SCD240784, and SCD265217 were even initiated.

People v. Maugh

1 Cal. App. 3d 856 · California Court of Appeal · Nov 19, 1969

The minute order of April 18, 1968, recites, “Respective counsel stipulate that the doctors are duly qualified psychiatrists, that their reports may be received in evidence subject to cross examination, and that the doctors … Section 5512, Welfare and Institu *866 tions Code clearly authorizes the superior court to make a finding on the issue of whether he would benefit by care or treatment in a state hospital.

City & County of San Francisco v. Western Air Lines, Inc.

204 Cal. App. 2d 105 · California Court of Appeal · May 28, 1962

Cheney, supra, “an intent to make the obligation *121 inure to the benefit of the third party must have been clearly manifested by the contracting parties. [Citation.] … Its authority to so proceed has been clearly established and each lease entered into by City was “a valid contract expressly authorized by state law.” (Trans World Airlines v.

Norton v. Bunnell

257 Cal. App. 2d 324 · California Court of Appeal · Dec 22, 1967

The objection was based on the failure to qualify the coroner as an expert in the law of physics or dynamics and transference of pressure and force. … This thesis Avas clearly rejected by the trial court and it is not necessary to determine whether the evidence would have supported such a finding.

People v. Reinard

220 Cal. App. 2d 720 · California Court of Appeal · Sep 26, 1963

McCandless was promised immunity for testifying in this case and appellant’s brief correctly refers to him as an accomplice. … Schwartz she had been pregnant but was no longer in that condition; his belief and his intent are clearly shown, as is the fact that the operation was not necessary to preserve her life, she being in good health. Mr.

People v. Flores CA4/2

California Court of Appeal · Mar 27, 2024

Section 1172.6 clearly states that it applies to convictions for murder, attempted 3 murder, and manslaughter. (§ 1172.6, subd. (a)(1), (2).) … To qualify under section 1172.6 for resentencing relief, a petition must facially establish that the requirements for eligibility are satisfied. (People v. Strong (2022) 13 Cal.5th 698, 708; § 1172.6, subd.

Dinkins v. American National Insurance

92 Cal. App. 3d 222 · California Court of Appeal · Mar 26, 1979

Five were under the age of eighteen, and thus qualified for coverage under the *225 children’s term rider offered by defendant. The premium for the policy insuring the life of plaintiff for $3,000 was $13.63 a month. … Maybe I did and maybe I didn’t.” 2 If it were necessary to reach defendant’s contentions based on sufficiency of the evidence, we could not escape the conclusion that the evidence clearly was insufficient to support the compensatory

Major v. R.J. Reynolds Tobacco Co.

California Court of Appeal · Aug 30, 2017

During those ten years, cigarettes were entitled to special treatment immunizing liability. No longer. … Subdivision (a)(2) specifies certain products, such as alcohol, to which the immunity applies.

Moore v. Wells Fargo Bank, N.A.

California Court of Appeal · Aug 28, 2019

This presumption can be reversed only if the law can clearly be shown to fit within the confines of paragraph (c). For these purposes, paragraph (c) is intended to be interpreted narrowly. … Moore read the Notice, which he understood established the terms of the agreement between himself and Wells Fargo.

Golden Gate Hill Development Co. v. County of Alameda

242 Cal. App. 4th 760 · California Court of Appeal · Nov 25, 2015

It may initiate an action in rem to establish the validity of the matter. (§ 860.) … Government Code section 50079 authorizes a school district to impose “qualified 6 special taxes,” which means “special taxes that apply uniformly to all taxpayers or all real

In Re Conservatorship of Estate of Davidson

6 Cal. Rptr. 3d 702 · California Court of Appeal · Nov 26, 2003

Code, § 15610.23) Respondent does not dispute that Davidson qualified as a “dependent adult” for purposes of section 21350. … For these reasons alone, Gungl did not qualify as a “care custodian” under section 21350 and Welfare and Institutions Code section 15610.17.

Newtown Preservation Society v. County of El Dorado

California Court of Appeal · Jun 16, 2021

Testimony by members of the public on such issues does not qualify as substantial evidence. [Citations.]’ [Citation.] … A lay person’s opinion based on technical information that requires expertise does not qualify as substantial evidence. (Joshua Tree Downtown Business Alliance v.

People v. Barton

37 Cal. App. 4th 709 · California Court of Appeal · Aug 8, 1995

was given transactional immunity. We summarize her testimony. Her first contact with Carey Jackson occurred near the end of trial and before deliberations began. … Counsel for Warren said, “I would heartily agree,” and counsel for Barton and Tillman both only said, “Submit it, your Honor.” 7 Because the defendant in Simms clearly established good cause for the name and telephone number

BEHNIWAL v. Mix

35 Cal. Rptr. 3d 320 · California Court of Appeal · Sep 30, 2005

The court held that there was sufficient evidence of the buyers’ ability to perform because they had the financial ability to qualify for a loan and indeed had qualified for a loan. … When things go wrong, though, the nature of the forms can have the effect, as they clearly had in this case, of turning things into (in the trial court’s word) a “morass.”

Phelps v. ORANGE COUNTY ASSESSMENT APPEALS BD. NO. 1

175 Cal. App. 4th 448 · California Court of Appeal · May 27, 2009

Plaintiff contends the transfer of Wilson's interest as an income beneficiary to his four children did not qualify as a change of ownership under Revenue and Taxation Code section 60. [1] For a change of ownership to occur … Accordingly, Reilly concluded that "[t]he receipt of income generated by property qualifies as a `beneficial use' of the property ...." ( Reilly, at p. 495.)

Lee v. Silveira

6 Cal. App. 5th 527 · California Court of Appeal · Dec 5, 2016

The court therefore never reached the issue of whether plaintiffs could satisfy their burden under subdivision (b)(1) of section 425.16 to establish a probability of success on their claim. … To qualify for declaratory relief under section 1060,13 plaintiffs were required to show their action (as refined on appeal) presented two essential elements: "(1) a proper subject of declaratory relief, and (2) an actual

People v. Adams

California Court of Appeal · Oct 12, 2018

Our review is governed by well established rules of statutory construction. Our Supreme Court examined these rules in Even Zohar Construction & Remodeling, Inc. v. … The simple kidnapping instructions were clearly delineated and, as noted, referred to by the trial court when instructing concerning kidnapping qualifying circumstance pursuant to CALCRIM No. 3179.

Carbajal v. CWPSC, Inc.

245 Cal. App. 4th 227 · California Court of Appeal · Feb 26, 2016

CW Painting contends it had no burden to produce any evidence establishing an interstate commerce connection because Carbajal’s opposition established that connection by admitting she made frequent phone calls to customers … Nothing in the provision’s language suggestions the parties intended to limit or qualify this provision by also granting the arbitrators broad authority to award all types of relief authorized by law.

Mercy Hospital & Medical Center v. Department of Health Services

115 Cal. App. 3d 270 · California Court of Appeal · Jan 26, 1981

Code., § 14000 et seq.) was enacted to qualify California for federal Medicaid payments as authorized by title XIX of the Social Security Act, 42 United States Code section 1396 et seq. (Morris v. … The federal regulations clearly and explicitly mandate reimbursement for “an appropriate part” of the net cost of an approved educational activity. ( 42 C.F.R. § 405.421 (a).

Two Jinn, Inc. v. Government Payment Service, Inc.

233 Cal. App. 4th 1321 · California Court of Appeal · Feb 3, 2015

To satisfy the 8 UCL standing requirement, the plaintiff must “(1) establish a loss or deprivation of money or property sufficient to qualify as injury in fact, i.e., economic … That evidence clearly established that Aladdin lost customers because the 10 Legislature enacted Government Code section 6159 and that it would suffer that loss whether or not