Case law

People v. McDonough

196 Cal. App. 4th 1472 · California Court of Appeal · Jun 7, 2011

Grayden has previously qualified as an expert in forensic psychiatry in Orange County Superior Court. … Jody Ward is qualified to testify as an expert in the field of forensic psychology.

Mortgage Guarantee Co. v. Sampsell

51 Cal. App. 2d 180 · California Court of Appeal · Apr 9, 1942

On November 22, 1940, Villa Riviera, Inc., was adjudicated a bankrupt and appellant *183 was thereafter appointed and qualified as trustee of its estate. … mortgagor and been wholly lost to both mortgagees. ’ ’ New York and a few other jurisdictions appear to have a different rule but the eases hereinbefore mentioned as well as the quoted language from the Carlon case show clearly

Dameron Hosp. Assn. v. AAA Nor. Cal., Nev. & Utah Ins. Exc.

California Court of Appeal · Aug 25, 2014

12 absence of a debt underlying the lien” and does not extend to resolving issues of whether the HLA applies in the Medicaid context, violates due process, is subject to waiver by hospitals, or is subject to litigation immunity … Unlike the contracts in the cases from other jurisdictions, this reservation clearly qualifies the ‘payment in full’ language and sets forth the hospitals’ expectation to recover their customary charges when possible.”

Proctor v. Vishay Intertechnology, Inc.

213 Cal. App. 4th 1258 · California Court of Appeal · Feb 19, 2013

The October 25, 2005 order clearly reserved jurisdiction “over all matters relating to the administration and consummation of the Settlement.” … an integral part of a single nation, in which rights judicially established in any part are given nation-wide application.”

LAOSD Asbestos Cases

California Court of Appeal · Jan 22, 2020

As the person most qualified to speak for respondent, he testified respondent never found asbestos particles in any of its source mines. … [not] . . . a mineralogist [and does not] demonstrate any expertise that would qualify him as an expert in mineralogy.”

Hollister Co. v. Cal-L Exploration Corp.

26 Cal. App. 3d 713 · California Court of Appeal · Jul 5, 1972

It was also clearly established that neither oil nor gas had ever been discovered in paying quantities. … Estate entered into the lease as sole lessor, under its executive right, and Estate’s successor in interest, Hollister, was equally qualified to act alone in giving notice of default.

People v. Boyle

164 Cal. App. 4th 1266 · California Court of Appeal · Jul 16, 2008

We determine whether the enacting body [8] meant to establish civil proceedings. Ordinarily, we defer to the stated intent of that body. … Boyle argues that because the voters also enacted other, clearly penal measures when adopting Proposition 83's amendments to the SVPA, we should consider the other overtly penal aspects of the initiative as evidence of the

Barrie v. Sacramento Municipal Utility District CA3

California Court of Appeal · Oct 17, 2025

Moreover, the objections are clearly boilerplate catchalls, as they are repeated for every paragraph. Accordingly, [Barrie’s] objections are OVERRULED.” (Fn. added.) … To establish a prima facie case for unlawful discrimination, a plaintiff must typically provide evidence that “(1) he was a member of a protected class, (2) he was qualified for the position he sought or was performing competently

Sonoma County Human Services Department v. Dianne C.

96 Cal. App. 4th 805 · California Court of Appeal · Feb 28, 2002

Horton (1991) 54 Cal.3d 82, 90 [ 284 Cal.Rptr. 305 , 813 P.2d *810 1335 ].) 21 Code of Civil Procedure section 259 provides that “every court commissioner shall have the power” to “[a]ct as temporary judge when otherwise qualified … This provision is clearly inapplicable here, as there is no such order at issue.

Talley v. County of Fresno

California Court of Appeal · Jul 10, 2020

This rationale clearly indicates that the Legislature assumed and intended that disabled persons need to be compensated ‘employees’ in order to benefit from the FEHA’s expanded protection.” … That alone excludes them from qualifying as remuneration. (O’Connor, supra, 126 F.3d at pp 115–116; cf.

People v. Mobley

85 Cal. Rptr. 2d 474 · California Court of Appeal · May 28, 1999

Unless it is clearly shown that “on no hypothesis whatever is there sufficient substantial evidence to support the [jury’s] verdict[s,]” we will not reverse. (People v. … It is well established that foreign convictions can be used in California for sentencing purposes where they contain all of the elements required for a felony in this state. (People v.

City & County of San Francisco v. McGovern

28 Cal. App. 491 · California Court of Appeal · Oct 2, 1915

In our constitution the language seems clearly to have been used as denoting ownership. … Subsequently, towns were authorized to establish waterworks by acts broad enough to authorize them to take and condemn land outside their limits.

Raja Development Co. v. Napa Sanitation District CA1/4

California Court of Appeal · Mar 14, 2025

They claimed that, despite the fact that there was no judgment in their favor, their lawsuit was “CLEARLY the catalyst for the actions taken by the District” because the changes demanded by plaintiffs were “made by the District … To qualify for fees under section 1021.5, a plaintiff must show, among other things, that it is a successful party. (Environmental Impact Cases, supra, 79 Cal.App.5th at p. 571.)

People v. Milano

89 Cal. App. 3d 153 · California Court of Appeal · Feb 2, 1979

Summary of Facts The evidence established that each of the appellants operates a service disseminating information to subscribers. … While it is possible that that statement to defendant could arouse in him a suspicion that the officer was in fact a bookmaker or employed by a bookmaker, it does not qualify as substantial evidence to support a conclusion

Centinela Hospital Assn. v. City of Inglewood

225 Cal. App. 3d 1586 · California Court of Appeal · Dec 10, 1990

The Inglewood Police Department has reported no calls for service at the address since the facility was established in 1982. … Clearly, the City could consider the safety hazard posed by the nature of patients—for example, prison inmates, alcohol and drug addicts—proposed to be treated at a hospital.

Circle K Ranch Corp. v. Board of Sup'rs

94 Cal. Rptr. 2d 97 · California Court of Appeal · Mar 21, 2000

Section 66412.7 defines the time a subdivision is established. It provides in part, "A subdivision shall be deemed established ... on the date of recordation of the final map or parcel map...." … Circle K posits that the official maps adopted by Santa Barbara County in 1889 and 1909 qualify under the subdivision. But those maps were prepared for assessment purposes.

San Miguel Community Assn. v. State Farm

California Court of Appeal · Oct 17, 2013

Such claims do not qualify as bodily injury, property damage, personal injury or advertising injury . . . .” … Just as the plaintiffs‟ first two complaints clearly sought punitive damages – they just as clearly did not seek compensatory ones.

Coast Community College Dist. v. Com. on State Mandates

California Court of Appeal · Apr 3, 2020

But in this case, the appellate record does not establish that the costs to comply with the minimum 11 condition regulations are clearly satisfied “in advance” by existing … If so indicated, the availability of the course to all qualified students must also be affirmed.”

California Correctional Peace Officers Ass'n v. State

82 Cal. App. 4th 294 · California Court of Appeal · Jul 18, 2000

“As a matter of constitutional law, it is well established that a public employee has no absolute right to refuse to answer potentially incriminating questions posed by his employer. … The declarations in the present case clearly indicate that subdivision (h) was violated on a number of occasions. Officers who invoked their right to remain silent should have been given admonishments.

Davis v. City of Sacramento

24 Cal. App. 4th 393 · California Court of Appeal · Mar 31, 1994

. *398 Plaintiffs also contend the evidence establishes negligence as a matter of law. We shall affirm. … This is clearly not the same thing as good cause for actual production and does not even hint at relevance.