Case law

Humboldt County Department of Health & Human Services v. Michael T.

154 Cal. App. 4th 897 · California Court of Appeal · Aug 28, 2007

While the ICWA clearly establishes a preference for tribal court jurisdiction in custody proceedings involving Indian children and provides certain rules for the transfer of cases to tribal courts, it does not prescribe any … An attribute of this sovereignty is the power of tribes to establish their own courts, and thus Congress has declared that “Indian tribes possess the inherent authority to establish their own form of government, including

Las Lomas Land Company, LLC v. City of Los Angeles

177 Cal. App. 4th 837 · California Court of Appeal · Sep 17, 2009

Galland stated, “ ‘[ojnly a substantial infringement of state law prompted by personal or group animus, or a deliberate flouting of the law that trammels significant personal or property rights, qualifies for relief ....’ … “[Cjourts should afford great weight to the Guidelines except when a provision is clearly unauthorized or erroneous under CEQA.” (Laurel Heights Improvement Assn. v.

San Joaquin & Kings River Canal & Irrigation Co. v. Egenhoff

61 Cal. App. 2d 82 · California Court of Appeal · Oct 21, 1943

At some time not clearly fixed by the evidence the material used in the construction of the dam was changed by the addition of clayey material from the banks of the creek and the evidence showed without contradiction that … The plaintiff failed to prove that the construction of the dam of this firmer material had continued for the prescriptive period and the trial court made no finding on defendant’s qualified denial and allegation that the

Altavion, Inc. v. Konica Minolta System Laboratory, Inc.

226 Cal. App. 4th 26 · California Court of Appeal · May 8, 2014

Pribyl, at p. 595), regardless of whether particular design concepts separately qualified for protection as trade secrets. … All expenses incurred on the common issues qualify for an award. [Citation.]

People v. Hannon

5 Cal. App. 5th 94 · California Court of Appeal · Nov 3, 2016

Taylor concluded that Millard ignored the “essential point” of Ketchum’s qualified support for the lodestar method, and improperly imposed a “lodestar 4 only” approach. … Appellant argues, “The use of the disjunctive ‘or’ clearly communicates that one person or entity will undertake enforcement of the victim’s enumerated rights.”

Farmers Insurance Exchange v. Superior Court

40 Cal. Rptr. 3d 653 · California Court of Appeal · Mar 15, 2006

comprehensive scheme for enforcement by an administrative agency, the courts ordinarily conclude that the Legislature intended the administrative remedy to be exclusive unless the statutory language or legislative history clearly … of law, the use of any criterion without approval shall constitute unfair discrimination.” 6 Section 1861.02, subdivision (b) states in relevant part: “(1) Every person who meets the criteria of Section 1861.025 shall be qualified

Baek v. County of Los Angeles CA2/3

California Court of Appeal · Feb 14, 2025

Schirn gave Baek an overall score of “well qualified” in five areas and “exceptionally qualified” in one area. Baek received an overall score of 90, which placed her in Band 1, the highest scoring band of applicants. … for the position at issue and why the candidate selected for the position was better qualified.”

People v. Delacy

192 Cal. App. 4th 1481 · California Court of Appeal · Feb 25, 2011

The evidence of such admonition would be easy to establish with a transcript of the battery plea or sentencing. Yet the record is silent on this battery prior. … Clearly, the fix to this equal protection problem is simple and has been done by our Legislature as well as the Congress.

Mission Bay Alliance v. Office of Community Investment & Infrastructure

6 Cal. App. 5th 160 · California Court of Appeal · Nov 29, 2016

The guidelines are given “great weight in interpreting CEQA, except where they are clearly unauthorized or erroneous.” (Center for Biological Diversity v. … The potential impact of project noise on health is thus clearly disclosed. The FSEIR need not, as plaintiffs‟ suggest, apply a separate health-based threshold in determining the significance of noise impacts.

Poet v. State Air Resources Board

218 Cal. App. 4th 681 · California Court of Appeal · Jul 15, 2013

Plaintiffs‟ lawsuit clearly qualifies as an “action or proceeding.” … The statute‟s use of the word “any” is not qualified and, thus, provides no basis for concluding section 21168.5 does not apply to plaintiffs‟ CEQA claims.

Sacramento County Department of Health & Human Services v. G.P.

156 Cal. App. 4th 975 · California Court of Appeal · Nov 7, 2007

Subdivision (b) qualifies subdivision (a), “so that ‘legally admissible evidence’ includes ‘hearsay evidence contained in’ a ‘social study.’ … Following this incident, B.D. was clearly afraid of his mother. In the course of visits with his mother, he ran away from the visiting room and when she carried him, he would kick her and cry inconsolably.

Cal. Specialty Insulation, Inc. v. Allied World Surplus Lines Ins.

California Court of Appeal · May 17, 2024

The insured has the burden of establishing that a claim, unless specifically excluded, is within basic coverage, while the insurer has the burden of establishing that a specific exclusion applies.” … In this context, the phrase “another contractor” clearly means a contractor in addition to CSI.

Holmes v. General Dynamics Corp.

17 Cal. App. 4th 1418 · California Court of Appeal · Aug 18, 1993

Although Holmes did not have technical financial experience or training in every relevant area, he had substantial management experience qualifying him for the position. Holmes reported directly to Stoker. … The undisputed evidence established Holmes had been an outstanding employee for his 13 years with the company. Yet, GD suddenly terminated him without following well-established company procedures.

People v. Farley

90 Cal. App. 3d 851 · California Court of Appeal · Mar 22, 1979

Clearly a quite different attitude is required when the court undertakes to determine and assess ‘preliminary’ or ‘foundational’ facts upon which the admissibility of evidence depends.” … objecting party establishes, by a preponderance of the evidence, a lack of capacity.

Heinz v. Cal. Public Employees' Retirement System CA2/7

California Court of Appeal · Apr 19, 2021

Again, the court found, Heinz had failed to point to any evidence in the record that would establish bad faith. … His argument also runs afoul of the well-established presumption against surplusage. (See Wind Dancer Production Group v.

Garcia v. Four Points Sheraton LAX

188 Cal. App. 4th 364 · California Court of Appeal · Sep 8, 2010

There is a presumption against preemption: “ ‘it is not to be presumed that the [Legislature in the enactment of statutes intends to overthrow long-established principles of law unless such intention is made clearly to appear … The Ordinance also clearly states for constitutional purposes what service charges must be paid and to whom.

City of Larkspur v. Marin County Flood Control & Water Conservation District

168 Cal. App. 3d 947 · California Court of Appeal · May 31, 1985

This resolution clearly contemplated construction through the Town of Ross. … Cities, Counties and special districts, by a two-thirds vote of the qualified electors of such district, may impose special taxes on such district, except ad valorem taxes on real property or a transaction tax or sales tax

People v. Campbell

233 Cal. App. 2d 38 · California Court of Appeal · Mar 16, 1965

The cases relied upon by counsel normally deal with situations where the point was clearly made at the trial by objection and the adverse ruling was then charged as error on appeal. … California courts have long required that it be shown that a confession was freely and voluntarily made, without coercion, threats or undue pressure, and without promises of reward, immunity from punishment, or leniency,

Mark G. v. John G.

195 Cal. App. 4th 581 · California Court of Appeal · May 12, 2011

Bates severely criticized John for refusing to accept Chris’s true diagnosis, characterizing it as “clearly a form of neglect.” … Of course, an investigation was conducted by Bates, and we have no reason to think he was less qualified to make a sound recommendation than a CPS social worker would have been.

Pena v. City of Arroyo Grande CA2/6

California Court of Appeal · Oct 5, 2022

Before entering the intersection, Tucker drove past the wooden stop sign on the driveway to a point where he could clearly see the traffic coming in both directions. He then stopped. … He also argues that statutory immunities do not apply. A.