Case law

Barragan v. Banco Bch

188 Cal. App. 3d 283 · California Court of Appeal · Dec 23, 1986

We also discuss the reasons the bank failed to establish grounds for relief from entry of the default. … the burden of establishing none of the exceptions apply.

City of Long Beach v. Superior Court

64 Cal. App. 3d 65 · California Court of Appeal · Nov 23, 1976

Clearly, the complete list of trial witnesses sought in this case is a derivative product developed as a result of the initiative of counsel in preparing for trial. … to allow inspection of ‘notes made by the district attorney’ relating to ‘notes, memoranda, or records pertaining to the interviews, dates [and] persons present between the district attorney^ office’ and the [particular] immunized

Fontani v. Wells Fargo Investments, LLC

28 Cal. Rptr. 3d 833 · California Court of Appeal · May 19, 2005

Fontani argues that a Form U-5 in this setting is entitled to qualified, not absolute, immunity under Civil Code section 47, subdivision (b). … He relies entirely on out-of-state cases granting qualified immunity to Form U-5’s under foreign privilege statutes. (See, e.g., Glennon, supra, 83 F.3d at p. 137 ; Dawson v. New York Life Ins.

People v. Edward D. Jones & Co.

65 Cal. Rptr. 3d 130 · California Court of Appeal · Aug 24, 2007

This is clearly an area that requires nationwide uniformity and consistency and not be subject to the differing rules of 50 states.” … Rather, the statute specifically qualifies the prohibition with the phrase, “[e]xcept as otherwise provided in this section.”

Barker v. Brown & Williamson Tobacco Corp.

105 Cal. Rptr. 2d 531 · California Court of Appeal · Mar 29, 2001

‘The presumption against implied repeal is so strong that, “To overcome the presumption the two acts must be irreconcilable, clearly repugnant, and so inconsistent that the two cannot have concurrent operation. … While generally the statute of limitations for a wrongful death accrues upon the death of the individual, accrual may be delayed if the plaintiff establishes the defendant fraudulently concealed facts that would have led

Salazar v. Upland Police Department

11 Cal. Rptr. 3d 22 · California Court of Appeal · Mar 10, 2004

We conclude the probable cause stipulation is admissible and establishes there was probable cause for plaintiff’s arrest. … As to those causes of actions that were not affected by the stipulation, governmental immunities applied which rendered the claims clearly meritless from their inception.

Washburn v. City of Berkeley

195 Cal. App. 3d 578 · California Court of Appeal · Oct 16, 1987

She then argues that the right to petition “clearly compels the conclusion that ballot arguments concerning a petition for a redress of grievances . . . are absolutely immune against claims for damages or fees by opponents … In light of Bozek, Rabkin’s contention that her right to petition gave her absolute immunity from an award of fees must fail.

Doe v. County of Orange

California Court of Appeal · Sep 2, 2025

Examples include “[i]n communications between qualified professional persons” (§ 5328, subd. (a)(1)(A)), to courts, “as necessary to the administration of justice” (§ 5328, subd. … The Court of Appeal affirmed the apportionment and distinguished Richards on the basis that in Richards, the California Supreme Court “concluded that [the immunity statute] did not merely confer immunity from liability for

Save Stanislaus Area Farm Economy v. Board of Supervisors

13 Cal. App. 4th 141 · California Court of Appeal · Feb 11, 1993

Such a contention is contrary to established case law. As courts have stated repeatedly and clearly, local governments have the purely ministerial duty to place duly certified initiatives on the ballot. … What standard, then, is to govern the trial court’s exercise of discretion in preelection review of a qualified initiative?

People v. Rebulloza

California Court of Appeal · Feb 27, 2015

Without a doubt, the privilege against self-incrimination is well established and definite under the Fifth Amendment. … As a general matter, the Fifth Amendment bars a compelled waiver of immunity. The United States Supreme Court established this principle in its “penalty cases” jurisprudence. (Lefkowitz v.

Alonzo v. County of Los Angeles CA2/1

California Court of Appeal · Feb 26, 2013

right, and (2) that the right was “clearly established” at the time of the challenged conduct.‟ [Citation.]” … Second, the issue was actually litigated in the federal action, on Kennard‟s motion for qualified immunity.

City of Monterey v. Carrnshimba

California Court of Appeal · Apr 26, 2013

Code, § 11362.5).15 The CUA provides limited immunity from criminal prosecution for possession of marijuana (§ 11357) and cultivation of marijuana (§ 11358) for two limited classes of persons: those who qualify as medical … The MMP, under section 11362.1, addressed the goal of identifying persons qualified under the CUA by establishing a voluntary identification card program to facilitate ― ‗the prompt identification of qualified patients and

Cleveland v. Taft Union High School Dist.

California Court of Appeal · Mar 25, 2022

Government Claims Act—Immunity Provisions The immunities established by the Act are either general in nature or applicable to specific functional activities or programs. … In other words, any public employee may qualify for the immunity’s protection so long as the examination in question meets the other requirements of section 855.6.

Neal v. Gatlin

35 Cal. App. 3d 871 · California Court of Appeal · Dec 7, 1973

A department chairman is particularly well qualified to answer inquiries concerning the performance of a former teacher in his department. … This section is applicable even though the public entity is immune from liability for the injury.” (Italics added.)

People v. Hampton

73 Cal. App. 4th 710 · California Court of Appeal · Jul 20, 1999

By effective deletions, we mean not only direct and indirect identifications of codefendants but any statements that could be employed against nondeclarant codefendants once their identity is otherwise established.” ( 63 … the trial judge’s instructions, or the sufficiency of the redaction of ambiguous references to the declarant’s accomplice, we have consistently either stated or assumed that the mere fact that one accomplice’s confession qualified

Kings County Department of Social Services v. Ginger B.

207 Cal. App. 3d 504 · California Court of Appeal · Jan 25, 1989

If the Department cannot raise the issue, then clearly neither can Ginger. … The probation department shall have the burden of establishing that detriment.

Ovando v. County of Los Angeles

71 Cal. Rptr. 3d 415 · California Court of Appeal · Jan 18, 2008

Thus, DaFonte established that an absent tortfeasor’s immunity from liability does not prevent the apportionment of fault to the absent tortfeasor for purposes of determining a defendant’s percentage of fault under Proposition … “Richards and DaFonte establish that under Proposition 51, fault will be allocated to an entity that is immune from paying for its tortious acts, but will not be allocated to an entity that is not a tortfeasor, that is, one

Rutherford v. State of California

188 Cal. App. 3d 1267 · California Court of Appeal · Jan 9, 1987

Plaintiff must establish: (1) the challenged conduct was committed by a person purporting to act under state law; and (2) this conduct deprived him/her of rights, privileges or immunities secured by the Constitution or laws … This employee immunity inures to the benefit of the employing agency under Government Code section 815.2, subdivision (b).

Franklin v. Benevolent & Protective Order of Elks

97 Cal. App. 3d 915 · California Court of Appeal · Oct 23, 1979

One of the several types of privilege which may operate to immunize the publisher of an otherwise libelous statement from liability is the qualified constitutional privilege, founded in the First Amendment and extended to … We think that [New York Times and Butts] are correct, but we do not find their holdings justified solely by reference to the interest of the press and broadcast media in immunity from liability.

Mikialian v. City of Los Angeles

79 Cal. App. 3d 150 · California Court of Appeal · Mar 28, 1978

We said in this respect as follows (id., atp. 780): “Clearly plaintiff was dependent upon Officer Lane here. … Clearly, plaintiff’s injury occurred “during the period of preparation.”