Case law

Ringler Associates Inc. v. Maryland Casualty Co.

96 Cal. Rptr. 2d 136 · California Court of Appeal · May 23, 2000

Clearly, any useful interpretation of the exclusionary language necessarily turns on the meaning of the word “material.” … In order to establish a duty to defend, an insured need only establish the existence of a potential for coverage; while to avoid the duty, the insurer must establish the absence of any such potential.

Nalbandian v. Los Angeles Dodgers CA2/1

California Court of Appeal · Jan 22, 2021

The expert’s “education, experience and training clearly qualified him for and encompassed” testing whether a gun was in the holster when fired. (Id. at p. 1320.) Martinez v. Costco Wholesale Corp. … Accordingly, we need not reach the question whether, liberally construed, Serantoni’s opinions would have established a triable issue had they been provided by a qualified expert.

E.C. v. B.F. CA4/1

California Court of Appeal · Sep 23, 2015

Father discussed evidence showing that Mother's claims about school enrollment and immunizations had been documented to be false. … The court's order clearly encompassed findings on the children's best interests and changed circumstances.

People v. Briscoe

112 Cal. Rptr. 2d 401 · California Court of Appeal · Sep 26, 2001

Clearly, Briscoe used Rozadilla— then Parovel’s girlfriend—as an implied hostage. … He argues that the answer is clearly “no,” but that the trial court failed to instruct the jury so.

People v. Collins

220 Cal. App. 2d 563 · California Court of Appeal · Sep 20, 1963

Though the accused, if sui juris, has the absolute right of proceeding without counsel, and the right to discharge qualified counsel without reason, yet if he does so, his act is tantamount to a waiver of the right. … In fact, he was insistent upon examining witnesses himself and thus sharing, if not usurping, one of the most important duties of trial counsel—a right he clearly did not have. (People v.

Board of Trustees of California State University v. Public Employment Relations Board

66 Cal. Rptr. 3d 389 · California Court of Appeal · Sep 26, 2007

Rules of Court, rule 8.498), we hold that PERB’s interpretation of the statutes is “clearly erroneous.” (See Cumero v. … state university. “(6) If the parties cannot agree upon an arbitrator, either party may petition the Federal Mediation Service, the State Conciliation Service, or the American Arbitration Association for a list of seven qualified

Henry v. City of Los Angeles

201 Cal. App. 2d 299 · California Court of Appeal · Mar 14, 1962

The court held the facts (as alleged) clearly established that defendants should be estopped to complain of the late filing of the claim. … Clearly plaintiff Willis in the Wisley case had neither been removed from office nor had he resigned therefrom.

Gordon v. City of Los Angeles CA2/1

California Court of Appeal · Feb 11, 2016

Thus, if the position requires counter-terrorism experience, Gordon was more qualified than Seguin. … Gordon also established a dispute with respect to each of the remaining theories.

People v. Realmuto CA4/1

California Court of Appeal · Feb 26, 2016

He reasonably inferred it." 13 protectable interest, "a person clearly must have more than an abstract need or desire for it. … Realmuto failed to meet that threshold requirement and, thus, he failed to establish any liberty interest in the court's exercise of its discretion under that subdivision. (See Hicks v.

Crane v. Board of Supervisors

17 Cal. App. 2d 360 · California Court of Appeal · Nov 6, 1936

It thus may appear that before a board of supervisors may be qualified to make an order respecting a proposed change in the boundaries of a school district, a compliance with certain procedural conditions precedent by the … Clearly, if it were, the submission of a petition to a board of supervisors for its judgment with reference to the facts that might be adduced on a hearing would be but an empty form and purely a perfunctory act.

Vukovich v. Radulovich

235 Cal. App. 3d 281 · California Court of Appeal · Oct 17, 1991

At the conclusion of the trial, the trial court issued a tentative decision in favor of the Board, finding as follows: “The Court intends to find that this dispute clearly involves an essentially ecclesiastical dispute and … The *294 issue presented there was whether defendants, church officials who disclosed to church assemblies details of a confidential confession made to them by plaintiff, a bishop of the church, could claim immunity from

Inyo Citizens for Better Planning v. Inyo County Board of Supervisors

180 Cal. App. 4th 1 · California Court of Appeal · Nov 20, 2009

Environmental Impact Report “If the project does not qualify for a negative declaration, ‘the third step in the process is to prepare a full environmental impact report. . . .’ [Citations.] … “The following does not qualify as substantial evidence under CEQA: ‘argument, speculation, unsubstantiated opinion or narrative, evidence that is clearly inaccurate or erroneous, or evidence of social or economic impacts

Paul v. Los Angeles County Flood Control District

37 Cal. App. 3d 265 · California Court of Appeal · Feb 14, 1974

We must decide if section 2195, which substitutes a statutory form of liquidation of the lien for actual payment, qualifies as a payment that renders the deed void. We believe that it does. … But in any event it is obiter and not a command to us to overrule well established law to the contrary. FCD’s contention would render Nutting and Nevada Irr.

Bidari v. Kelk

California Court of Appeal · Apr 27, 2023

Here, the timely-filed notice of appeal clearly identified the judgment being appealed, included the names of both Reza and Mikhail as the parties filing the notice, and arose from an action that, at the time of the judgment … identified any way in which they could have amended the malicious prosecution cause of action to avoid the fatal deficiencies on which the court based its demurrer ruling.8 8 Kelk argues that Mikhail and Reza have not established

Foxborough v. Van Atta

26 Cal. App. 4th 217 · California Court of Appeal · Jun 28, 1994

In tolling the limitations period until the plaintiff has “sustained actual injury” (§ 340.6, subd (a)(1)), the Legislature used the term “actual” to focus inquiry on the fact of damage, and omitted qualifiers to forestall … Although there is a strong policy in favor of liberal allowance of amendments, the trial court’s discretion will not be disturbed on appeal unless it clearly has been abused. (Mesler v.

Anchor Lighting v. Southern California Edison Co.

47 Cal. Rptr. 3d 780 · California Court of Appeal · Aug 30, 2006

The case before us is pursued by Anchor Lighting, a customer that did not qualify for Southern California Edison’s 10 percent rate reduction for its small commercial customers. … The CPUC is constitutionally empowered to regulate utilities and to fix rates, establish rules, hold various types of hearings, award reparation, and *548 establish its own procedures (Cal. Const., art.

Miller v. San Luis Bay Estate Homeowners Assn. CA2/6

California Court of Appeal · Jul 31, 2024

It involves nothing more than the interpretation of legal documents, something attorneys are trained and qualified to do. Similarly, the trial court is equally qualified. … Saldinger (2014) 228 Cal.App.4th 729 is misplaced. 8 The question there was the proper survey method for establishing a boundary line, a question clearly within a surveyor’s expertise.

California Medical Ass'n v. Brown

193 Cal. App. 4th 1449 · California Court of Appeal · Mar 30, 2011

The court determined that CMA had standing and rejected the laches defense, but found no authority that clearly prohibited the loan, and denied the petition. B. … CMA argues that Business and Professions Code section 2445 must therefore prevail under “the well-established rule of statutory construction!

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.

Morris v. Frudenfeld

135 Cal. App. 3d 23 · California Court of Appeal · Aug 16, 1982

a new trial shall not be granted upon the issue of inadequacy of damages . unless after weighing the evidence the court is convinced from the entire record, including reasonable inferences therefrom, that the . .. jury clearly … A jury is uniquely qualified to determine the value to be placed upon such a relationship, and its net award will be upheld in the absence of proof of passion or corruption. Such proof is nonexistent here.