Case law

Mt. Hawley Insurance v. Lopez

215 Cal. App. 4th 1385 · California Court of Appeal · May 1, 2013

Thus, “„[w]hile punctuation and grammar should be considered in interpreting a statute, neither is controlling unless the result is in harmony with the clearly expressed intent of the Legislature.‟” (Zanone v. … There is no comma in section 533.5, subdivision (b), between the two antecedents and the qualifying phrase.

People v. Adanandus

69 Cal. Rptr. 3d 25 · California Court of Appeal · Nov 30, 2007

And it appears to me that he’s established a pattern of deleting African-Americans from the jury.” … This would certainly qualify as a “rational tactical purpose” for counsel’s decision. {Ibid.)

Ware v. Heller

63 Cal. App. 2d 817 · California Court of Appeal · Apr 18, 1944

This principle is well established: “ It is settled that every statute will be construed to operate prospectively unless the legislative intent to the contrary is clearly expressed.” (Jones v. … In view of those stat *829 utes they are immune from attack, for periods expiring in December of 1936 were picked up and extended.

People v. Brych

203 Cal. App. 3d 1068 · California Court of Appeal · Aug 16, 1988

O’Connor’s blood, which would stimulate his body’s immune system to combat the cancer. In a telephone conversation a few days later, Dr. O’Connor told Dr. … An attorney cannot prosecute an appeal on behalf of a client whose conduct and refusal to communicate evidence a total abandonment of his appeal. 4 We express no opinion as to whether, standing alone, the establishment of

People v. McGhee

193 Cal. App. 3d 1333 · California Court of Appeal · Jul 31, 1987

Thus these cases are clearly distinguishable. However both People v. Murray, infra, and Ciaccio v. Superior Court, infra, dealt with the question of waiver. In People v. … We agree with the judge’s conclusion, particularly in light of what the voir dire established.

In Re Estate of Carson

74 Cal. App. 48 · California Court of Appeal · Jul 28, 1925

undue influence, though the will is clearly the fruit of his resentment and dislike: (citing cases). … Undue influence may he established by circumstantial evidence, but “ ‘it must, however, do more than raise a suspicion.

Bosetti v. United States Life Ins. Co. in City of New York

175 Cal. App. 4th 1208 · California Court of Appeal · Jul 17, 2009

However, the language does not clearly explain whether the limitation applies when the total disability is due in part to a mental, nervous or emotional disorder. … Even if Bosetti could establish that U.S.

Contreras Curiel Corp. v. Superior Court CA4/1

California Court of Appeal · Sep 17, 2020

Alternatively, it contended that G.S.’s claims were barred by the statutory immunity for providers of alcoholic beverages. … As to statutory immunity, the court found a triable issue of fact whether Contreras Curiel had a “special relationship” with Cruz that could supersede the immunity. 1 The trial court sustained Contreras Curiel’s

Ledger v. Tippitt

164 Cal. App. 3d 625 · California Court of Appeal · Feb 8, 1985

A tortfeasor who acts so viciously and callously should not gain immunity merely because their marriage license was never recorded in some county recorder’s office. … that under a statute providing that “no person is a dependent of any deceased employee unless in good faith a member of the family or household of the employee,” it was held that a party to a meretricious relationship may qualify

In Re JK

174 Cal. App. 4th 1426 · California Court of Appeal · May 18, 2009

The Court of Appeal held the allegation was insufficient to establish jurisdiction. ( Id. at pp. 399-400.) … In neither case did the incidents nor harms alleged qualify as sufficiently serious to support the exercise of jurisdiction irrespective of any lack of showing of future or current risk.

Ahrens v. Superior Court

197 Cal. App. 3d 1134 · California Court of Appeal · Jan 22, 1988

“Summary judgment is properly granted only when the evidence in support of the moving party establishes that there is no issue of fact to be tried. [Citations.] … We note, in addition, that the EPA later qualified its statement regarding the health risk of PCB’s as follows: “At the time of promulgation of the August 25, 1982 PCB Electrical Use Rule, EPA believed that PCB Transformer

Ticor Title Insurance v. Employers Insurance of Wausau

40 Cal. App. 4th 1699 · California Court of Appeal · Dec 15, 1995

The defense obligation “is established at the outset of the litigation and is fixed by facts which the insurer gamers from the complaint and other sources which give rise to a potential of liability under the policy. … Turning to the complaint, we first note that the numerous allegations of Ticor’s intentional misconduct would not fall within the scope of coverage because the acts in question would not qualify as an “occurrence.”

Pacific Bell v. California State & Consumer Services Agency

225 Cal. App. 3d 107 · California Court of Appeal · Nov 15, 1990

Furthermore, when an administrative agency is charged with enforcing a particular statute, its interpretation is entitled to great weight and will be followed unless clearly erroneous or *115 unauthorized. … Given that evidence, Pacific Bell has not established any abuse of discretion by the DGS.

People v. Ewing

90 Cal. Rptr. 2d 177 · California Court of Appeal · Dec 2, 1999

We reject the first contention but agree the prosecution failed to establish the victim suffered substantial emotional distress. Accordingly, we reverse. … Moreover, these terms as they appear in the statute cannot be read in a vacuum. *208 First, we note they are preceded and qualified with the adverb “seriously.”

Carne v. Worthington

246 Cal. App. 4th 548 · California Court of Appeal · Apr 13, 2016

A main reason for establishing an irrevocable trust with separate third party trustees is creditor protection for the settlor. … The Tyson court concluded that a trust had not been created, for the following reasons: "[T]he instant instrument can not qualify as an inter vivos trust because the decedent never transferred his property

People v. Superior Court of Riverside County

9 Cal. App. 5th 753 · California Court of Appeal · Mar 13, 2017

Rather, the point we make is that the authorities we just discussed confirm our conclusion that this opinion qualifies as more than a summary denial. … But if the denial followed a less rigorous procedure, it should not establish law of the case.” (Kowis, supra, 3 Cal.4th at p. 899.)

People v. Cressy

47 Cal. App. 4th 981 · California Court of Appeal · Jul 25, 1996

As we held in Anderson, supra, on this very point: “Clearly, the language of the provision contemplates the doubling of the term and the imposition of all applicable enhancements.” ( 35 Cal.App.4th at p. 593 , fn. omitted … In Baird , the court held the same prior conviction could be used to establish the ex-felon status required for a conviction of possession of a firearm under section 12021 and to enhance the sentence under section 667.5,

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

Filet Menu, Inc. v. C.C.L. & G. Inc.

94 Cal. Rptr. 2d 438 · California Court of Appeal · Apr 6, 2000

The Retainer Agreement stated that “[t]he total price of the completed order has not been established and will be dependent upon the design, materials, quantity, etc.” … The alter ego doctrine does not immunize officers, directors or shareholders of a corporation from tortious conduct that they themselves commit in the course of acting for the corporation.

Ambrosini v. Alisal Sanitary District

154 Cal. App. 2d 720 · California Court of Appeal · Oct 28, 1957

“Before any garbage dump shall be established the location shall first be approved by the county health officer, and in addition, if the location is within two miles of any city the consent of the governing body of the city … We think these allegations clearly bring this case within article I, section 14, of the state Constitution.