Case law

Wilcox v. Molina Healthcare CA2/4

California Court of Appeal · Apr 25, 2025

The special verdict must present the conclusions of fact as established by the evidence, and not the evidence to prove them; and those conclusions of fact must be so presented as that nothing shall remain to the Court but … Here, the record supports the jury’s finding that Molina did not know Wilcox suffered from a qualifying physical condition under FEHA.

Sullivan v. City & County of San Francisco

95 Cal. App. 2d 745 · California Court of Appeal · Jan 27, 1950

He was clearly riding the streetcar as a passenger, that is, as a member of the public, and not as an employee. That being so, he was not covered by the Workmen’s Compensation Act. … Citation of authority is not necessary to establish so elementary a proposition.

Pettit v. Forsyth

15 Cal. App. 149 · California Court of Appeal · Dec 31, 1910

No cause of action could be established in his favor, as he was not injured by an assessment levied upon property that belonged to another. … Certificate No. 2 was issued July 29, 1896, to plaintiff, Pettit, for 5 shares to qualify him as director, and the other 15 shares presumably went to the other persons acting as directors.

Cynthia W. v. Joseph K.

226 Cal. App. 3d 655 · California Court of Appeal · Dec 24, 1990

The A.B.M. court reasoned that Congress clearly excepted just two child custody proceedings from the Act—divorce proceedings and juvenile delinquency actions. … States Code Services, section 1912(f) provides: “No termination of parental rights may be ordered in such proceeding in the absence of a determination, supported by evidence beyond a reasonable doubt, including testimony of qualified

P. Vidor CA1/1

California Court of Appeal · Feb 6, 2023

This suggested to the court that “the use of controlled substances was clearly a substantial factor in [appellant’s] behavior as would appear to be the case in the underlying incident.” … (Italics added.) 8 unambiguously requires a defendant to establish that he or she suffers from a qualifying mental disorder, while also providing a list of excluded disorders.

Ruttan v. City of Los Angeles CA2/7

California Court of Appeal · Jun 23, 2014

Such conduct does not, standing alone, qualify as a violation of section 613. (Cf. Leonard v. … ” does not qualify as “reasoned argument.”

Erickson v. Boothe

79 Cal. App. 2d 266 · California Court of Appeal · Apr 21, 1947

Ferrel had been appointed and qualified as the guardian of his estate. … Hurlbert, 42 Cal.App.2d 532, 535 [ 109 P.2d 364 ], the court said: “It has been clearly established in this state that where there is left any material or vital question for *272 determination the court should not dismiss

Gardner v. County of Los Angeles

34 Cal. App. 4th 200 · California Court of Appeal · Apr 25, 1995

Thus, plaintiffs clearly have satisfied the first requirement for a preliminary injunction. 3. Likelihood of Succeeding on the Merits. … Discretionary funds are the only source of funds for GA and also are the only source of funds for DHS, which is required by state law to meet specified funding levels in order to qualify for state matching funds.

People v. Caldwell

55 Cal. App. 2d 238 · California Court of Appeal · Oct 28, 1942

In the case of the conduct of the business and affairs of an establishment, it is presumed that the regular course of business of such establishment is followed (Code Civ. … Lloyd’s is not qualified to write insurance in California. Therefore, in this state a Lloyd’s policy may be placed only through a surplus line broker.

People v. Hearn CA5

California Court of Appeal · Feb 9, 2023

On appeal, petitioner contends he established a prima facie case for entitlement of relief because the special circumstance finding cannot establish his ineligibility for resentencing as a matter of law because his conviction … “At trial, Annette R. testified under a grant of immunity. On April 9, 1996, she was 15 years old and living in Barstow with Barbara Chavez.

People v. Morris

192 Cal. App. 3d 380 · California Court of Appeal · Jun 2, 1987

A second sister of defendant, Rick, and Randy, Susan Marie Kreiter, and Kreiter’s husband, Douglas, testified under grants of immunity about the false alibi they furnished defendant at his request. … Consequently, it would be unfair to permit the People to *391 rely upon a stipulation clearly taken out of context to defeat defendant’s argument that the interrogation discussed above was improper.

Republic Indemnity Co. v. Superior Court

224 Cal. App. 3d 492 · California Court of Appeal · Sep 12, 1990

Fisher could prevail in his action against Alpha without establishing a preconceived design to injure. … Fisher was required to establish that Alpha intended him harm, not merely that it intended to act.

Diamond Heights Village Ass'n v. Financial Freedom Senior Funding Corp.

196 Cal. App. 4th 290 · California Court of Appeal · Jun 7, 2011

A homeowner must be 62 years of age or older to qualify for a reverse mortgage with Financial Freedom. Crosby, bom in 1920, qualified. … Civil Code section 1717 is also interpreted “to further provide a reciprocal remedy for a nonsignatory defendant, sued on a contract as if he were a party to it, when a plaintiff would clearly be entitled to attorney’s fees

People v. Amons

125 Cal. App. 4th 855 · California Court of Appeal · Jan 11, 2005

Lane, supra, 489 U.S. 288, 311 , for “ ‘ “watershed rules of criminal procedure” implicating the fundamental fairness and accuracy of the criminal proceeding’ ... is clearly meant to apply only to a small core of rules requiring … “Indeed, since Teague , the Court has yet to find a single rule that qualifies under the second exception,” despite numerous opportunities to do so. (United States v.

Klein v. Oakland Raiders, Ltd.

211 Cal. App. 3d 67 · California Court of Appeal · May 31, 1989

The superior court had concluded the three individual defendants were immune from liability for interference with contract because the evidence showed they were acting in their representative capacities as managing agents … The cases do not clearly articulate this distinction but it can be found nevertheless in the holdings. See, e.g., Herron v. State Farm Mutual Ins. Co., 56 Cal.2d 202 (1961); Golden v.

People v. Williams CA4/1

California Court of Appeal · Sep 30, 2014

As she was leaving, she grabbed a "wad of cash" that defendant had showed her that night, testifying this was "stupid" but she was not thinking clearly and thought she "should get something out of this horrible experience … The district attorney's narrative report cannot properly be used to establish the facts underlying defendant's conviction.

Doe v. California Department of Justice

173 Cal. App. 4th 1083 · California Court of Appeal · May 7, 2009

G.G. and B.M. qualified for exclusions. They applied for exclusions and the Department granted them in June (B.M.) and July (G.G.) 2005. … “If the Legislature has clearly indicated its intent that . . . amendments operate retroactively, we must carry out that intent unless the Constitution forbids. [Citations.]

Shaw v. Caldwell

16 Cal. App. 1 · California Court of Appeal · Apr 3, 1911

The fee thereby conveyed could only be reduced or qualified by language equally plain. Nothing of the kind is found. … It is indeed strange that it should be contended that a plaintiff declining to pay any part of the consideration or to meet his obligation imposed thereby could obtain from a court of equity a decree establishing his title

People v. Boyes

149 Cal. App. 3d 812 · California Court of Appeal · Nov 14, 1983

Denton received immunity from prosecution while Imholz was permitted to plead guilty as an accessory to the charged crimes. … In every decision cited by appellant the presumption held invalid clearly involved proof of an element of the charged offense. (Sandstrom v.

Howard Jarvis Taxpayers Assn. v. City of L.A.

California Court of Appeal · Dec 15, 2025

This language does not clearly and unambiguously revoke the people’s initiative power on any municipal topic, including special transaction taxes. … We disagree. 6 “It is well established that . . . an uncodified section of legislation may be used to ascertain legislative intent.”