Case law

In Re Coordinated Latex Glove Litigation

121 Cal. Rptr. 2d 301 · California Court of Appeal · Jul 15, 2002

Also until 1998, there were no FDA protein level requirements or standards, such as had been established for strength and barrier protection qualities of the gloves. … This has led to the rejection of design defect immunity for the more complex medical/pharmaceutical products.

Rebney v. Wells Fargo Bank

220 Cal. App. 3d 1117 · California Court of Appeal · May 25, 1990

They did not qualify for automatic NSF fee waivers or have market rate accounts. … If class members wish to challenge both aspects of the settlement, clearly they may forego the opt out and appeal as to both. (Trotsky v. Los Angeles Fed.

People v. Williams

93 Cal. App. 3d 40 · California Court of Appeal · May 16, 1979

Defendant argues that the instant case is clearly distinguishable from Rojas and Quaintance , and that People v. … The errors which we have discussed herein are clearly prejudicial and mandate a reversal of the defendant’s conviction. (See Chapman v.

People Ex Rel. Deputy Sheriffs' Ass'n v. County of Santa Clara

49 Cal. App. 4th 1471 · California Court of Appeal · Oct 4, 1996

This violated the enabling provisions which established the original department of corrections. … The sheriff must staff the jail with properly qualified and trained personnel (Cal.

Atkinson v. Elk Corporation

135 Cal. Rptr. 2d 433 · California Court of Appeal · Jun 11, 2003

And that is the issue of consumer goods and whether this case qualifies under Song-Beverly. And so, as a process, I went to [Civil Code section] 1791 and read that a few times. … Thus, we begin with the well-established principle that statutory construction is a question of law. (National R.V., Inc. v. Foreman (1995) 34 *750 Cal.App.4th 1072, 1077 [ 40 Cal.Rptr.2d 672 ].)

Estate of Miller

230 Cal. App. 2d 888 · California Court of Appeal · Nov 24, 1964

trust provision is a nullity; it is true that the adjective qualifying the word discretion indicates plenary discretion. … Coker, 208 Ala. 354 [ 94 So. 566 ]: " 'Testator, very clearly, intended that his widow should have ample, suitable, and proper maintenance.

Samaan v. Trustees of the California State University & Colleges

150 Cal. App. 3d 646 · California Court of Appeal · Dec 15, 1983

In a lengthy decision the arbitrator held that the committee’s findings were not supported by the evidence *654 and its conclusion was “clearly inappropriate and unreasonable.” … Appellant submitted 119 bills to Medi-Cal for services his wife had performed although she was not qualified or eligible for Medi-Cal reimbursement.

Barth v. City of Chino CA4/2

California Court of Appeal · Nov 3, 2022

Barth’s complaint is based on two types of misconduct, both of which involve clearly protected activity. … And finally, given that Ilagan and Detective Beckman are immune from tort liability, there is no liability to impute to the city.

Los Angeles County Department of Children & Family Services v. Tiffany M.

108 Cal. App. 4th 659 · California Court of Appeal · Apr 28, 2003

E. qualified as a “medically fragile child” because she had been diagnosed with closed lip schizencephaly, which could cause seizures, paralysis, developmental delay, and hydrocephalus. … The Department argues the evidence clearly established that the mother and father were E.’s caretakers and she was with one or the other of them at all times.

People v. Casa Blanca Convalescent Homes, Inc.

159 Cal. App. 3d 509 · California Court of Appeal · Aug 23, 1984

The evidence before the trial court clearly establishes multiple failures to provide an adequate number of nurses and training of nursing personnel to meet patient needs. *530 V The charge of lack of adequate staff made against … established.

People v. Avila

11 Cal. Rptr. 3d 894 · California Court of Appeal · Apr 8, 2004

He recalled the events of the crime and clearly stated them on the witness stand.” (Id. at p. 109.) … First, the documentary evidence proffered by the defendant did not establish that he was mentally absent or incompetent during trial.

People v. Tavares CA5

California Court of Appeal · Jan 31, 2022

The prosecutor asserted that this was “regardless of how we interpret any qualifiers as to the battery or assaultive behavior.” … The court further concluded that appellant had subsequently received 115’s involving assault and battery, so she did not qualify for relief.

People v. Robinson

185 Cal. App. 3d 528 · California Court of Appeal · Sep 16, 1986

That’s what I was trying to establish. “The Court: Your next question.” … Clearly, then, “the key to permissible unannounced entry is the knowledge of exigent circumstances possessed by police officers at the time of entry.” (Ibid.)

Am. Chemistry Council v. Dept. of Toxic Substances Control

California Court of Appeal · Dec 12, 2022

The Department responds by asserting it was not obligated to establish an exposure threshold under the law and that it did not act arbitrarily or capriciously when determining spray foam systems qualify as a priority product … “The qualifying adjective ‘initial’ indicates the agency’s determination need not be conclusive, and the qualifying adjective ‘significant’ indicates that the agency need not assess or declare all adverse economic impact[

In re J.C. CA3

California Court of Appeal · Feb 6, 2015

The minor, therefore, did not establish that he qualified for SIJ status consideration as a “dependent” of the juvenile court under California law. … The juvenile court never made findings related to the alternative commitment and custody option, even though the record clearly demonstrated that such qualifying orders had been made.

Logacz v. Limansky

84 Cal. Rptr. 2d 257 · California Court of Appeal · Apr 30, 1999

establishes that full and complete jury instructions on causation were critical. b. … It was argued: “. . . you’ve heard testimony, and it might even be difficult to hear testimony from a number of people who qualified as what we have referred to as ‘experts.’ Experts tend to disagree in trials.

Langford v. Kosterlitz

107 Cal. App. 175 · California Court of Appeal · Jul 10, 1930

In order that it may appear clearly, we will quote it here in full. The record shows as follows: “Mr. … The error claimed is that the court told the jury that appellant would be liable if he departed from or failed to conform to the mode or modes of treatment, or method or methods of operation established by his school of practice

Madrid v. Lazar CA2/7

California Court of Appeal · Jan 16, 2025

Comparing its statements and conduct against the statute, it must demonstrate activity qualifying for protection. [Citation.] … Vasquez (2016) 1 Cal.5th 409, 418 [“[T]he plain language of section 425.16 is to be respected and . . . exceptions to the statute’s broad reach must not be lightly implied: ‘The Legislature clearly knows how to create an

Hensler v. City of Los Angeles

124 Cal. App. 2d 71 · California Court of Appeal · Mar 23, 1954

The ultimate fact is that having established the extent to which the existing by-pass road was to be removed, plaintiff was entitled to his loss of anticipated profits on this item. … The contractor shall at all times when work is in operation be represented either in person, by a qualified superintendent, or other designated representative.”

Olson v. Olson

148 Cal. App. 2d 479 · California Court of Appeal · Feb 11, 1957

But assuming that there should have been a substitution, notice of the motion for dismissal having in fact been served upon his duly qualified personal representative, she appeared and contested the motion upon its merits … Undoubtedly it is the general rule that the only question to be passed upon in such a motion is whether the facts are sufficient to establish a case of excusable neglect.