Case law

Scott v. Ford Motor Co.

224 Cal. App. 4th 1492 · California Court of Appeal · Mar 26, 2014

Ford argues the jury should have found Scott immune to safety warnings about asbestos because (1) he took no protective action while working at the shipyard, despite being aware a fellow worker had developed asbestosis and … We qualified the statement because Michigan common law allows punitive damages if authorized by statute, and punitive damages are authorized by statute in California.

People v. Viloria CA4/3

California Court of Appeal · Jul 10, 2024

The process begins when a defendant previously convicted of a qualifying offense files a petition pursuant to section 1172.6. … Here, the record of conviction established Viloria was charged with murder, robbery, and the felony-murder special circumstance.

Community Youth Athletic Center v. City of National City

170 Cal. App. 4th 416 · California Court of Appeal · Jan 22, 2009

The City has also sought to proceed with its plans without establishing and providing to the public the required substantial evidence of existing blight and alleviation of blight through the proposed redevelopment. … may indirectly but effectively ‘validate’ its action by doing nothing to validate it; unless an ‘interested person’ brings an action of his own under section 863 within the 60-day period, the agency’s action will become immune

Tarbet v. East Bay Municipal Utility Dist.

California Court of Appeal · Apr 29, 2015

The relevant statutes are clearly intended to apply to a local agency only. Section 66420 provides: “ ‘Local agency’ means a city, county or city and county.” … There is nothing in the regulations supporting the view that the District qualifies as an “advisory agency” under these regulations.11 10 At oral argument, plaintiff spent considerable time contending Alameda County Code

California Shoppers, Inc. v. Royal Globe Insurance Co.

175 Cal. App. 3d 1 · California Court of Appeal · Nov 26, 1985

The fact that the purported *67 expert may be qualified in one field vaguely related to another does not mean that he is qualified in that other field. ( Putensen v. Clay Adams, Inc. (1970) 12 Cal. … While plaintiff's additional requests for a $100,000 settlement of the instant action and assumption of the defense of the Adco action may or may not have been reasonable, the letter and Harding's testimony clearly establish

People v. Williams

170 Cal. App. 4th 587 · California Court of Appeal · Jan 23, 2009

The record clearly shows the contrary. … The People concede that the instmctions on predicate offenses were incomplete or ambiguous as to what kind of assault would qualify as a predicate offense.

Craig v. City of Poway

28 Cal. App. 4th 319 · California Court of Appeal · Sep 13, 1994

The court clearly precluded the Agency from introducing evidence of the affordability of the neighborhood adjacent to Pomerado Road. 19 However, as reflected above, the court never prevented the Agency from presenting evidence … Section 50105 provided “ ‘Very low income households’ means persons and families whose incomes do not exceed qualifying limits for very low income families as established . . . pursuant to Section 8 of the United States Housing

McCullough v. Langer

23 Cal. App. 2d 510 · California Court of Appeal · Nov 18, 1937

Rea in that regard was clearly elicited from the appellant in other questions which were answered without objections, as follows: “Mr. Work: Q. … As a hypothetical question it was clearly defective. An answer to that question would throw no light on the issues in the present ease.

Durae v. Industrial Accident Commission

206 Cal. App. 2d 691 · California Court of Appeal · Aug 13, 1962

Mansker, the applicant here, was a qualified stunt rider who worked for various motion picture and television studios and was a member of the Screen Actors Guild. … It cannot be said as a matter of law that the evidence established unequivocally the relation of independent contractor.

Pacific National Bank v. Regents of University

243 Cal. App. 2d 102 · California Court of Appeal · Jun 23, 1966

In the cases upon which respondent relies, the testator provided language which clearly reflected on the distribution of the tax burden. … phrased in qualified language and thus did not raise an estoppel (Desny v.

People v. Carlin

178 Cal. App. 2d 705 · California Court of Appeal · Mar 9, 1960

We think that the evidence clearly supports the verdicts. … Cross-examination of a defendant may be directed at eliciting any matter which may tend to overcome or qualify the effect of his direct testimony. (Pen. Code, § 1323; People v.

Pendell v. Westland Life Insurance

95 Cal. App. 2d 766 · California Court of Appeal · Jan 27, 1950

An operation for the latter is an unusual type of surgery and there are few surgeons qualified to perform it. An operation for an “esophageal hiatus diaphragmatic hernia” is only performed by specialists. … Referring to the Berner case, the court stated, page 338: ‘ ‘ That was a case of ordinary inguinal hernia to which the amendment [1927 Law] clearly applied.

People v. Webb

186 Cal. App. 3d 401 · California Court of Appeal · Oct 14, 1986

that it was unfavorable, he has necessarily established that it is not precluded by section 1192.7. … Now, in the instant case, the issue surfaces again, like one of George Lucas's vile monsters, apparently immune from the attacks of mortal judges.

People v. Espey CA3

California Court of Appeal · Feb 19, 2021

Defendant has failed to clearly show that the sentencing decision was irrational or arbitrary. … Accordingly, we cannot clearly determine that remand is futile on the record before us.

Littlejohn v. Costco Wholesale Corp.

California Court of Appeal · Jul 13, 2018

For the same reason, the trial court clearly was correct in this case to sustain the demurrers to plaintiff’s first and second causes of action. … The import of this statement in part turns on what is required to establish a Board determination, addressed below.

People v. Adams

259 Cal. App. 2d 109 · California Court of Appeal · Feb 19, 1968

It is noted that following the witness’ impeachment, on the first direct examination, and upon cross-examination, the witness qualified her testimony and stated, not that she had never been to the scene before, but that she … The jurors were properly and clearly instructed to disregard the content of the statement in determining the question of guilt.

People v. Pre

11 Cal. Rptr. 3d 739 · California Court of Appeal · Apr 1, 2004

The condition of the victim's body may establish circumstantial evidence of the requisite intent." ( People v. Mincey , at p. 433, 6 Cal.Rptr.2d 822 , 827 P.2d 388 .) … This additional intent requirement distinguishes the offense of torture from an aggravated assault and is clearly a matter for a jury to determine.

Wade v. Markwell & Co.

118 Cal. App. 2d 410 · California Court of Appeal · Jun 10, 1953

Levon), an employee of defendant who qualified as an expert on fur values and with whom plaintiff negotiated the pledge contract. … The evidence in the case at bar clearly lends itself to the interpretation placed on it by the trial judge—that the sale was basically a clandestine one conducted in the office of the president of the company, in a part of

DE VILLERS v. County of San Diego

67 Cal. Rptr. 3d 253 · California Court of Appeal · Oct 19, 2007

Otherwise, the general rule of immunity for public entities would be largely eroded by the routine application of general tort principles.” (Eastburn, at pp. 1182-1183.) … To acquire drug standards and store controlled substances, OME must qualify as a registrant licensed by the federal Drug Enforcement Administration (DEA).

City of Sacramento v. State Water Resources Control Board

2 Cal. App. 4th 960 · California Court of Appeal · Jan 17, 1992

The trial court clearly did not err in denying sanctions. VIII Because we reverse the judgment in the mandate proceeding, we must also reverse the award of attorneys fees to Connelly and SEHC. … “(d) In order to qualify for certification pursuant to this section, a regulatory program shall require utilization of an interdisciplinary approach which will ensure the integrated use of the natural and social sciences