Case law

Estate of Vanderhoofven

18 Cal. App. 3d 940 · California Court of Appeal · Jul 26, 1971

Also, although the word "trust" is not expressly stated, creation of a trust without a specifically named trustee is clearly implied. (2) A trustor need not use the word "trust" or "trustee." … Except for their race they were qualified. Because they were Negroes they were denied admission. They petitioned the court urging that the trustee had thereby violated the Fourteenth Amendment.

Sierra Club v. West Side Irrigation District

27 Cal. Rptr. 3d 223 · California Court of Appeal · Mar 22, 2005

Under CEQA regulations, they and the City were qualified to serve as lead agencies. When that situation occurs, the regulations allow the agencies to designate by agreement which entity will serve as lead agency. … The initial study clearly states the water was to be assigned only to those areas already subject to the City’s general plan.

People v. Hojnowski

California Court of Appeal · Aug 4, 2014

You try speaking clearly. All right? I don’t need your input.” When the court suggested appointing other counsel, appellant replied, “No, that’s not necessary, dude. I’m representing myself. … would be treated less harshly, with respect to consecutive sentences, than a defendant who had not suffered a qualifying prior conviction.

In re J.G.

California Court of Appeal · Feb 2, 2018

Her immune system was fragile and she was susceptible to respiratory illnesses. … The record clearly establishes that all four children remain at risk of food insecurity in Aunt's care.

Amiodarone Cases

California Court of Appeal · Nov 3, 2022

Wyeth Laboratories, Inc. (9th Cir. 1968) 399 F.2d 121,131, recognizes an exception where a prescription drug is “ ‘not dispensed as such,’ but administered in [a] mass immunization program”].) … Notably, a prescription drug “label” need not include warnings for the drug to qualify for an exemption.

People v. Williams CA1/1

California Court of Appeal · May 19, 2021

Indeed, “ ‘[O]fficial government records clearly describing a prior conviction presumptively establish that the conviction in fact occurred, assuming those records meet the threshold requirements of admissibility.’ ” (Ibid … Thus, only first-degree burglary qualifies as a strike offense under California law.

Kuykendall v. State Board of Equalization

22 Cal. App. 4th 1194 · California Court of Appeal · Feb 22, 1994

Later in August 1993 the court certified the plaintiff class for purposes of establishing a method for the Jail Tax refund. … III Discussion A The Board’s Appeals The Board contends the superior court lacked jurisdiction to grant relief because plaintiffs’ lawsuit assertedly did not qualify under applicable California constitutional and statutory

Alameda County Deputy etc. v. Alameda County Employees' etc.

California Court of Appeal · Feb 5, 2018

In re Retirement Cases, for example, clearly recognized the issue, but declined to address it. … In each of these instances the potential injustice to employees or their dependents clearly outweighed any adverse effects on established public policy.” (Longshore, supra, 25 Cal.3d at p. 28.)

People v. Williams

174 Cal. App. 2d 364 · California Court of Appeal · Oct 9, 1959

Whether the conclusion is based upon observation of an act, condition or event or upon sound reason or whether the person forming it is qualified to form it and testify lo it can only be established by the examination of … Furthermore, the sole and only purpose served by the records in the trial was to establish the cause of death.

Schmier v. Supreme Court of California

117 Cal. Rptr. 2d 497 · California Court of Appeal · Mar 4, 2002

Leiserson II also acknowledged that "if that opinion is published because it *502 satisfies the criteria for publication under rule 976 et seq ...., such status is also probative of whether the decision clearly vindicates … Contrary to appellant's assertion, Sehmier I did not establish new law.

San Diego County Health & Human Services Agency v. Y.M.

207 Cal. App. 4th 892 · California Court of Appeal · Jul 13, 2012

Further, a child victim of human trafficking may qualify for refugee status. ( 8 U.S.C. § 1101 (a)(42).) … Adoption or the establishment of a guardianship will not disqualify a dependent minor from being classified as an SIJ. (Ibid.)

Diaz v. Professional Community Management, Inc.

California Court of Appeal · Nov 8, 2017

The court’s order reflected that the discovery cut off and other trial- related deadlines were established in accordance with the August 15 trial date. … A judgment or order that would be void in the abstract — because the court acted in excess of its jurisdiction when issuing it — is nonetheless immune from challenge if consented to.

Self-Insurers Security Fund v. Esis, Inc.

204 Cal. App. 3d 1148 · California Court of Appeal · Sep 29, 1988

Section 3700 establishes the threshold duty of securing payment of compensation. … In our view title 8, section 15252, publishes a reporting form and does not purport to establish duties.

Union Bank v. Sec. Pac. Nat'l Bank

67 Cal. App. 3d 350 · California Court of Appeal · Feb 18, 1977

The Decree established two trusts with substantially similar dispositive provisions, and they are treated as one for the purposes of this opinion. … The appellant cites section 122 of the Probate Code 1 and other generally accepted rules of construction to establish its position that a condition of survival must be implied.

Estate of Neider

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. White

35 Cal. App. 4th 758 · California Court of Appeal · Jun 1, 1995

“[Gilbert] clearly held that resistance provoked only by the robbery itself is no basis for a finding of implied malice necessary for murder liability. … And the evidence show, [mc] Your Honor, clearly show, clearly show, these people lied and he knows it. “This man is withholding information. He knows I wasn’t at that motel. He knows that. [^D . . .

California Highway Patrol v. Superior Court

58 Cal. Rptr. 3d 895 · California Court of Appeal · May 17, 2007

Sections 40610 and 40303.5 list the types of Vehicle Code violations that qualify as correctable offenses and specify the circumstances under which a "fix-it" ticket may be issued. … of things, including not only equipment but also fees, certificates, licenses, and identification. [6] We cannot conceive of a reasonable, but less literal, alternative interpretation of the statutory language that would clearly

People v. Buza

California Court of Appeal · Dec 3, 2014

Ct. 1958, the answer is clearly yes. Plaintiffs’ counsel conceded as much at oral argument. … Second, the decision in question ‘did not overrule past precedent or limit previously established rights under’ the United States Constitution. ([Teresinski], at p. 836.)

In re Nicole S.

California Court of Appeal · Aug 26, 2019

Nicole testified that she believed she qualified for extended foster care services because there was a medical reason she could not attend school or secure a job. … Moreover, outside the dependency context, settled authority establishes that section 1021.5 can apply in a special proceeding. (See e.g.

Rademacher v. American Broadcasting Companies CA2/5

California Court of Appeal · May 15, 2026

Because they have better immunity than you do if you got vaccinated. … Employees needed to be vaccinated by November 1, 2021, unless they qualified for a religious or medical exemption.