Case law

Beltran v. Hard Rock Hotel Licensing, Inc.

California Court of Appeal · Dec 5, 2023

Under no interpretation of “material” does this qualify – it is merely background information that has no relevance to any cause of action or defense. … We find that Beltran raised a triable issue of fact as to whether the efforts taken by HRH and PSH qualify as “immediate” and caused Beltran compensable damage.

People v. Megladdery

40 Cal. App. 2d 748 · California Court of Appeal · Sep 30, 1940

That case clearly established, as contended by the attorney-general, that a new trial may be granted only on the grounds set forth in section 1181, supra, and that the phrase "contrary to law or evidence” in subdivision 6 … This is clearly an unsound argument.

Camacho v. JLG Industries

California Court of Appeal · Jul 19, 2023

words in all caps because my dissent rests almost entirely on this, and I thought if I made that point clearly and early, what followed would be easier to understand. … And it is bolstered by 3 A point he was over-qualified to make. 2 the photo (maj. opn., ante, p. 22, Appendix C) that shows the safety chain

People v. Tompkins

185 Cal. App. 4th 1253 · California Court of Appeal · Jun 23, 2010

That evidence was amply sufficient to meet the standard established in Culton . … The evidence overwhelmingly established defendant’s guilt of that offense.

People v. Verlinde

123 Cal. Rptr. 2d 322 · California Court of Appeal · Aug 5, 2002

901 ], our Supreme Court explained: “[I]t was, of course, recognized that evidence of an accomplice, coming from a tainted source, the witness being ... a man usually testifying in the hope of favor or the expectation of immunity … Before a judgment of conviction can be set aside for insufficiency of the evidence to support the trier of fact’s verdict, it must clearly appear that upon no hypothesis whatever is there sufficient evidence to support it

People v. Mason CA2/2

California Court of Appeal · Jan 12, 2024

Pacheco is clearly distinguishable and thus inapposite. … mens rea⎯necessary to establish guilt under the current felony-murder rule.

P. v. Rotroff CA6

California Court of Appeal · Mar 20, 2013

[Citation.].]" 7 A determinate term would also be wasteful of limited public resources if most committees continue to qualify as SVP's and do not participate in treatment. … "The right that Bounds acknowledged was the (already well-established) right of access to the courts. E.g., Bounds, 430 U.S., at 817, 821, 828, 97 S.Ct., at 1492-1493, 1494, 1498.

Tom v. City and County of San Francisco

16 Cal. Rptr. 3d 13 · California Court of Appeal · Jun 22, 2004

The ordinance also exempts certain preexisting TIC's, established before July 15, 2001. … Guided by the rationale and logic of CALHO, supra, we conclude this threshold requirement of a privacy violation is clearly met. b.

San Diego Hosp. Based Physicians v. El Centro Reg. Med. Center CA4/1

California Court of Appeal · Aug 1, 2013

The third allegation above—that the Hospital unlawfully retaliated against plaintiffs by initiating a peer review investigation—clearly arises from protected activity. … Governmental Immunities The Hospital contends governmental immunities bar plaintiffs' retaliation claims as a matter of law.

RND Contractors, Inc. v. Super. Ct.

California Court of Appeal · Jul 1, 2025

(c), (f) A defendant moving for summary judgment satisfies its burden “by showing one or more elements of the cause of action in question cannot be established or there is a complete defense to that cause of action. … concerning an allegedly bad-faith settlement between the plaintiff and two of three defendants without any cross-claims, the court held that “[w]here [a] plaintiff settles with fewer than all defendants, the defendants are clearly

People v. Townsend Street Gang CA4/3

California Court of Appeal · Jul 14, 2022

Granting gangs such immunity would clearly undermine the Legislature’s goal of deterring criminal gang activity. … They were not intended to replace the well-established rules respecting when an unincorporated association may be sued under Code of Civil Procedure section 369.5.

People v. Ashford

265 Cal. App. 2d 673 · California Court of Appeal · Sep 16, 1968

A defendant's reiterated denial of guilt and the principal facts that purportedly establish it does not justify the prosecution's introduction of new evidence to establish that which defendant would clearly have denied from … Reflection indicates that all evidence tending to establish guilt is prejudicial to the defendant's plea of innocence.

People v. Fedalizo

246 Cal. App. 4th 98 · California Court of Appeal · Mar 30, 2016

The right to self-representation, on the other hand, must be clearly, timely, and effectively invoked. … When a defendant files a petition to recall a sentence under Proposition 47, the trial court must first decide the defendant’s eligibility for the requested relief (i.e., whether the crime qualifies for reduction to a misdemeanor

Reynolds v. Board of Trustees of the Cal. State University CA2/3

California Court of Appeal · Dec 13, 2022

The summary judgment motion In May 2021, CSU moved for summary judgment, arguing that natural condition immunity and trail immunity rendered it immune from suit, it had no notice of any dangerous condition, and Reynolds … Standard of Review The applicable standard of review of a ruling on a motion for summary judgment is well established.

St. Mary v. Superior Court

223 Cal. App. 4th 762 · California Court of Appeal · Jan 31, 2014

The responding party shall admit as much of the request that is true, “either as expressed in the request itself or as reasonably and clearly qualified by the responding party” (id., subd. … Clearly, such a declaration would have been required for a motion to compel further responses. (§ 2033.290, subd.

Friends of the So. Fork Gualala v. Dept. of Forestry & Fire Prot.

California Court of Appeal · Nov 22, 2024

FSFG sought an order that the trial court “treat as an established fact . . . that there has never existed an 87-page public comment response document for [the Timber Plan] with an original signature . . . .” … (2)) or “fundamentally alter the nature of the service, program, or activity” (rule 1.100(f)(3)). 19  Here, the court displayed considerable patience with a lawyer who was clearly

Love v. City of Monterey

37 Cal. App. 4th 562 · California Court of Appeal · Aug 3, 1995

Opposing the demurrer, Love proposed to amend her complaint to allege that she would not qualify for a hardship waiver. … Establishing a parking violation is generally not a complex proposition.

The People v. Cuevas

California Court of Appeal · Aug 15, 2013

the majority concluded the police officer lacked the necessary medical training to testify about the efficacy of the blood draw, and ―although performed at a medical facility, was by an unidentified individual who was not clearly … Esayian (2003) 112 Cal.App.4th 1031, 1035, 1037–1041 [drawing of arrestee‘s blood by phlebotomist who was not fully qualified to draw blood under state law for purposes 5 of

Woo v. Superior Court

100 Cal. Rptr. 2d 156 · California Court of Appeal · Sep 20, 2000

In its arguments to the trial court the city asserted that the plain meaning of Charter section 206 was clearly discemable from the words used and it should be enforced as written. … Nelson (1971) 4 Cal.3d 716, 720 [ 94 Cal.Rptr. 602 , 484 P.2d 578 ]) that can be curtailed only if the law clearly so provides (Carter v.

San Jose Peace Officer's Assn. v. City of San Jose

78 Cal. App. 3d 935 · California Court of Appeal · Mar 21, 1978

“The San Jose Police Department qualifies its members by periodic training as stated elsewhere in this policy and each officer must demonstrate the ability to understand laws and policies, analyze combat situations, and defend … This policy clearly constitutes a managerial decision which is not properly within the scope of union representation and collective bargaining.