Case law

Spencer v. City of Palos Verdes Estates

California Court of Appeal · Feb 27, 2023

That the City possessed the ability to remove the fort is conclusively established by the undisputed fact that the City did do so. … Whether plaintiffs will be able to establish these allegations when put to the task is not before us now.

Dickinson v. Cosby

California Court of Appeal · Nov 21, 2017

We therefore say no more about Cosby’s establishment of the first prong. … We fail to see how justice is served by granting Singer a windfall immunity based on Cosby’s pursuit of a meritless motion.

Foggy v. Ralph F. Clark & Associates, Inc.

192 Cal. App. 3d 1204 · California Court of Appeal · Jun 23, 1987

s determination that the filing of the notice of appeal divested it of jurisdiction to hear the remaining motions for judgment notwithstanding the verdict and to vacate the judgment and enter a different judgment. *1213 Clearly … Peter had never previously been qualified as an expert; prior to testifying she had not been asked by plaintiffs’ counsel to render an opinion as to the value of the property for any particular date; and she was unable to

People v. Smith

132 Cal. Rptr. 2d 230 · California Court of Appeal · Apr 1, 2003

by expert testimony, and (2) the witness furnishing such testimony must be properly qualified as an expert to give an opinion on the subject. … Berger was not qualified to testify regarding capillary electrophoresis and limited his testimony to validation. 5.

In Re JO

178 Cal. App. 4th 139 · California Court of Appeal · Sep 9, 2009

A biological father is one whose paternity is established, but who does not qualify as a presumed father. ( Ibid. ; In re Kobe A. (2007) 146 Cal.App.4th 1113, 1120 [ 53 Cal.Rptr.3d 437 ].) … The former partner clearly met the standard for presumed parenthood under section 7611(d).

Tan v. Super Ct.

California Court of Appeal · Mar 10, 2022

On the other hand, it appears Tan does 6 not qualify for diversion under Vehicle Code section 23640 because that statute prohibits diversion for all DUIs. C. … It is an ability for a court, if a county approves it for a court, to be able to establish a misdemeanor diversion program.

City of San Jose v. Dep't of Health Servs.

77 Cal. Rptr. 2d 609 · California Court of Appeal · Aug 18, 1998

HD Secondly, we determine whether the moving party’s showing has established facts which negate the opponent’s claim and justify a judgment in movant’s favor. [Citations.] … The qualifying requirement of the interpretive guideline is simply to “allow current residents who smoke to continue smoking in an area that maintains the quality of life for these residents.”

People v. St. Andrew

101 Cal. App. 3d 450 · California Court of Appeal · Jan 28, 1980

trier of fact” (ibid.); (c) “the competency of a witness is to be determined by the trial court in exercise of its judicial discretion” (id., at p. 421); and (d) “sound discretion demands the exercise of great caution in qualifying … The evidence in question was arguably relevant to show that the defendant had a propensity to use female patients for his sexual gratification, as the prosecutor contended, but for that purpose it was *462 clearly inadmissible

Fair v. BNSF Railway Co.

238 Cal. App. 4th 269 · California Court of Appeal · Jun 30, 2015

“It is well established that the quantum of evidence required to establish liability in an FELA case is much less than in an ordinary negligence action.” (Harbin v. … (In re Marriage of Padgett (2009) 172 Cal.App.4th 830, 839 [ 91 Cal.Rptr.3d 475 ] [split in federal authority on effect of qualified domestic relations order under Employee Retirement Income Security Act of 1974 ( 29 U.S.C

People v. Horn

80 Cal. Rptr. 2d 310 · California Court of Appeal · Nov 24, 1998

(b)), which qualified as serious or violent felonies within the meaning of sections 667, subdivisions (d) and (e), and 1170.12. 3 At the sentencing hearing the trial court found the prior section 261, subdivision (a)(2), … The evidence established that the defendant had registered as an offender and stated that he maintained a residence at the El Ray Hotel.

Campbell v. State Personnel Board

57 Cal. App. 4th 281 · California Court of Appeal · Jul 28, 1997

Plaintiff also failed to apologize for what his superiors clearly considered to be misconduct. … A career executive assignment is a category of civil service employment established by the Board in order “to encourage the development and effective use ... of well-qualified and carefully selected executives.” (Gov.

People v. Jurado CA2/6

California Court of Appeal · Oct 7, 2014

The standard for deciding whether to strike a prior is well established. … [Jurado's] arrest in the instant matter clearly indicates that he poses a continuing threat to the community."

Hardesty v. Sacramento Metropolitan Air Quality Management District

202 Cal. App. 4th 404 · California Court of Appeal · Dec 27, 2011

(b)), the Legislature directed the Board to establish by regulation “an optional registration program for portable equipment that is, or may be, used in more than a single district,” and to establish “emission limits and … The District’s response pointed out that the issue was not whether the plant was portable in the literal sense, but whether it qualified for PERP registration.

R & B Auto Center, Inc. v. Farmers Group, Inc.

44 Cal. Rptr. 3d 426 · California Court of Appeal · Jun 9, 2006

Clearly, R & B did not intend to concede there was no intentional misrepresentation. … R & B clearly requested the coverage ruling, not only in its motion in limine, but in extensive oral argument as well.

Davis Boat Manufacturing-Nordic, Inc. v. Smith

California Court of Appeal · Sep 19, 2023

Clearly, the Legislature could not have intended such an absurd result. … “When a court reviews extrinsic material to determine whether a latent ambiguity exists, it must be careful not to rewrite an unambiguous statute by inserting qualifying language.”

Stafford v. Alexander

182 Cal. App. 2d 301 · California Court of Appeal · Jun 29, 1960

His measurements of the streets established that Rodeo Road was 56 feet in width and Wellington Road 34 feet in width. … Instructions should, of course, be clearly and simply stated. The added language hardly meets this standard.

Janik v. Rudy, Exelrod & Zieff

14 Cal. Rptr. 3d 751 · California Court of Appeal · Jul 22, 2004

Clearly the court did not hold, as defendants suggest, that class counsel’s obligation to absent class members does not extend beyond the diligent prosecution of class members’ claims as they are literally described in the … “The rationale is that, as between the lay client and the attorney, the latter is more qualified to recognize and analyze the client’s legal needs.” (Nichols v. Keller, supra, 15 Cal.App.4th at p. 1684 .)

Amezcua v. Los Angeles Harley-Davidson, Inc.

200 Cal. App. 4th 217 · California Court of Appeal · Oct 27, 2011

Standard of Review The standard of review of an order granting summary judgment is well established. We independently review the entire record in the same manner as the trial court. (Guz v. … For these reasons, we conclude that riding a motorcycle in the 2006 Toy Ride qualifies for application of the primary assumption of risk doctrine. D.

Nathaniel v. Greene Motors CA1/1

California Court of Appeal · May 25, 2023

The arbitrator shall have the immunity of a judicial officer from civil liability when acting in the capacity of an arbitrator, which immunity supplements any other existing immunity. … Both procedural and substantive unconscionability must be shown to establish the defense. (Ibid.)

Miraglia v. Callison

226 Cal. App. 2d 177 · California Court of Appeal · Apr 7, 1964

That section reads: “In any county or city and *182 county, having two or more judges of the superior court, or in any judicial district, or city and county, in which a municipal court having two or more judges is established … A litigant has only the right to select from among fairly selected, qualified and impartial prospective jurors. (See generally 29 Cal.Jur.2d, § 68, pp. 578-581.)