Case law

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.

Espinoza Bail Bonds, Inc. v. Chuang CA3

California Court of Appeal · May 15, 2023

Cross-defendants also argued the litigation privilege protected the bail agents’ activities in the house while taking Ted into custody and that such agents have historically been afforded qualified immunity. … Our Supreme Court has clarified the two-step process for litigating such a motion: “First, ‘the moving defendant bears the burden of establishing that the challenged allegations or claims “aris[e] from” protected activity

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.

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.

Environmental Law Foundation v. Beech-Nut

California Court of Appeal · Apr 16, 2015

Murray opined that lead does have a clearly identified safe threshold level; however, the thresholds for some health effects of lead have not been reliably established to date. … established threshold level for lead-induced toxicity had been established.

Lewis v. Seventeenth District Agricultural Ass'n

165 Cal. App. 3d 823 · California Court of Appeal · Mar 18, 1985

If steps in mitigation lessen the “adverse change,” such steps may qualify the district association to file a negative declaration, but not to find itself outside the law. … Section 21168.5 provides: “[a]buse of discretion is established ... if the determination or decision is not supported by substantial evidence.”

People v. Ramos CA2/7

California Court of Appeal · Sep 10, 2014

The robbery victims in both Mixon and Perry could not clearly see the robbers during the crime and thus could not identify them in surveillance videos or in-person lineups. … The trial court admitted exhibits 12 and 13, over defense objections, and found all of the exhibits established Ramos had suffered a 1979 Illinois conviction for robbery (case No. 7918550), which qualified as a serious felony

Cacho v. Eurostar, Inc.

California Court of Appeal · Dec 24, 2019

The 2007 handbook states: “Employees working over five (5) hours in any workday qualify for at least one-half (1/2) hour, unpaid, off-duty meal break during that workday. … As to the off-the-clock claims, the court found Eurostar’s written policies clearly prohibited off-the-clock work, and Cacho’s own testimony was that as a manager he understood the policy, never allowed employees to work

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.

Jones v. Wagner

108 Cal. Rptr. 2d 669 · California Court of Appeal · Jun 8, 2001

Clearly, the foreclosure was caused by the failure of Mr. and Mrs. Jones to make the mortgage payments as promised, not by any actions of the Wagners. … Such books and records are business records and therefore qualify as an exception to the hearsay rule. (Evid. Code, §§ 1270-1272.)

Consolidated Irrigation District v. City of Selma

204 Cal. App. 4th 187 · California Court of Appeal · Feb 8, 2012

(Id. at p. 168.) 6 *203 Here, City argues that a public agency cannot qualify for public interest standing because it is a governmental entity and not a citizen. … (e)(1)) and excludes “argument, speculation, unsubstantiated opinion or narrative, [or] evidence that is clearly inaccurate or erroneous.” (§ 21080, subd. (e)(2); see Guidelines, § 15384, subd.

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

San Francisco Unified School District ex rel. Contreras v. First Student, Inc.

213 Cal. App. 4th 1212 · California Court of Appeal · Feb 19, 2013

FSI does not contend that Lai or Herró qualified as a “party” under subdivision (B)(1) of rule 2-100 or the “statement” clause of subdivision (B)(2). … Contacts by Individual Plaintiffs Case law and other legal authority clearly establish that the individual plaintiffs’ contacts with FSI employees violated rule 2-100 only if the contacts were wrongfully orchestrated by plaintiffs

Cytodyn of New Mexico, Inc. v. Amerimmune Pharmaceuticals, Inc.

72 Cal. Rptr. 3d 600 · California Court of Appeal · Feb 20, 2008

In 1995, CytoDyn obtained a registered United States trademark on the brand name “Cytolin,” referring to the antibodies used to improve immune function in persons infected with HIV, as reflected in Allen’s patents. … The last conclusion is clearly erroneous and finds no support in the record.

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.

Transport Clearings-Bay Area v. Simmonds

226 Cal. App. 2d 405 · California Court of Appeal · Apr 20, 1964

That the section means what it plainly states, that a purported transfer in violation of the statute confers no rights on the transferee, and that third persons may raise this defense, is clearly established by the following … Contrary to defendant’s claim, the evidence as a matter of law fails to establish the defense of estoppel.

Kincaid v. Kincaid

197 Cal. App. 4th 75 · California Court of Appeal · Jul 6, 2011

An established exception to the hearsay rule is an admission by a party opponent. … In order for a statement to qualify under the exception, both the content of the statement and the fact that the statement was made must be against the declarant’s social interest.

MacKler v. Alexis

130 Cal. App. 3d 44 · California Court of Appeal · Mar 24, 1982

Sections 14104 * and 14107 † clearly set forth the distinctions between informal and *57 formal hearings and are self-explanatory. … Clearly the sworn statement of Officer Henry was made in the ordinary course of his official duties and at or near the time of the event.