Case law

People v. A.M.

225 Cal. App. 4th 1075 · California Court of Appeal · Apr 24, 2014

On appeal, minor contends (1) there was insufficient evidence to support his conviction for battery by gassing because the juvenile hall where he was confined did not qualify as a “local detention facility” within the … Although the legislative history of section 243.9 does not specifically mention juvenile halls, section 243.9 was clearly expanded to include gassings committed by minors in state and local detention facilities.

L & S Framing Inc. v. Cal. Occupational Saf. & Health Appeals Bd.

California Court of Appeal · Jul 24, 2023

We conclude plaintiff failed to establish it would be prejudiced by this amendment. … the location here could not also qualify as a floor opening.

Doe v. City of Los Angeles CA2/2

California Court of Appeal · Apr 29, 2026

The City Produced the Photographs in Connection with Litigation The trial court concluded the City released the photographs in connection with settling the Camacho writ, and thus it “qualifie[d] as ‘ … As long ago as 1990, our Supreme Court recognized the litigation privilege absolutely “immunize[s] defendants from tort liability based on” various theories, including “invasion of privacy,” and “negligence.”

People v. Burres

101 Cal. App. 3d 341 · California Court of Appeal · Jan 24, 1980

However, the Bedolla court went on to say that, in the absence of a request therefor by the defendant, an instruction on'criminal presumptions need not be qualified by informing the jury as to the effect of the presumption … While the instruction might have been framed to indicate more clearly to the jury its obligation to consider appellant’s explanation of his flight (People v.

In re J.M. CA1/1

California Court of Appeal · Feb 26, 2013

‗A biological or natural father is one whose biological paternity has been established, but who has not achieved presumed father status . . . .‘ [Citation. … At the time of the motion, it had not been clearly established D. had caused the injuries, let alone that he had done so intentionally.

In re Jackson CA4/2

California Court of Appeal · Oct 14, 2020

qualified as a strike and defendant stipulated the preliminary hearing transcript could be used to establish a factual basis for his plea in the prior case. … Such a finding was necessary to establish the prior qualified as a strike. Rather, defendant repeatedly and consistently argued there was insufficient evidence to show his prior conviction was a strike.

Native American Heritage Commission v. Board of Trustees

51 Cal. App. 4th 675 · California Court of Appeal · Dec 12, 1996

Dixon nominated LAn-234 and LAn-235 as historic places because those sites were “the best representative of Puvungna, as they were the most clearly visible and best preserved of the archeological sites.” … Eventually, the NAHC concluded the disputed site qualified as a place of worship and that no mitigation was possible. The NAHC recommended that CSULB avoid all development of the disputed site.

Chapman v. City of Palmdale CA2/2

California Court of Appeal · Jan 13, 2015

Protected activity We first turn to the question of whether plaintiffs’ claims qualify for treatment under section 425.16. … “Subdivision (e) of [section 425.16] includes four separate categories of acts which qualify for treatment under the section. . . .

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.

April Enterprises, Inc. v. KTTV

147 Cal. App. 3d 805 · California Court of Appeal · Oct 5, 1983

As so qualified respondents’ right to erase the tapes would be limited to the situation where future syndication was not feasible. … the 1968 agreement an insufficient predicate for a cause of action. 4 Consequently, we address the relevance of that agreement to the issues in this case. 5 The 1968 syndication contract contains an integration clause, clearly

Thompson v. Los Angeles County Civil etc. CA2/3

California Court of Appeal · Apr 28, 2023

The court applied similar reasoning in addressing the defendants’ qualified immunity defenses. … (See ALADS, supra, 648 F.3d at p. 993 [“Zuniga held that the Commission lacks jurisdiction to hear appeals from retired employees.”]; id. at p. 997 [agreeing with the district court that qualified immunity applied “to the

White v. Valenta

234 Cal. App. 2d 243 · California Court of Appeal · May 6, 1965

He pointed and waved his hand and finger at respondent in a menacing gesture, saying something which was not too clearly heard by anybody. … To afford him the protection of section 48a would be like clothing a burglar with the privileges and immunities appurtenant to the lawful possession of land.

Lillian F. v. Superior Court

160 Cal. App. 3d 314 · California Court of Appeal · Sep 27, 1984

In apparent recognition of the “intrusive” and “possibly hazardous” character of ECT, the Legislature has established a variety of procedural safeguards surrounding the use of the treatment for voluntarily or involuntarily … As well said by Judge Cooley, ‘The right to one’s person may be said to be a right of complete immunity: to be left alone. ’ Cooley on Torts, 29.” (Union Pacific Railway Co. v.

Wells Fargo Bank v. Regents of University of California

18 Cal. App. 4th 936 · California Court of Appeal · Sep 10, 1993

In In re Sayre’s Will, supra, 151 N.Y.S.2d at page 511 , “. . . although the specific remainder to [an interim beneficiary] failed when she predeceased the life tenant, still she could qualify for a share as an heir.” … The general rule favoring early vesting was well established long before the testator died.

Windsor Food Quality Co. v. The Underwriters of Lloyds of London CA4/2

234 Cal. App. 4th 1178 · California Court of Appeal · Feb 6, 2015

Lloyds was entitled to summary judgment if it established a complete defense to Windsor’s causes of action, or showed that one or more elements of each cause of action cannot be established. (Code Civ. … In my mind, the policy does not clearly and explicitly state what the majority says it does.

Weiss v. Weiss

19 Cal. App. 4th 1621 · California Court of Appeal · Nov 4, 1993

Frances Hammer had also established, outside of probate and not affected by her will, a separate $12 million trust with Weiss as beneficiary. … Although there is insufficient evidence of incapacity within the meaning of Probate Code section 8502 (ante, fn. 3), our record shows that the executor was “otherwise not qualified.”

People v. Vasquez

California Court of Appeal · Dec 2, 2021

The question is essentially whether a defendant who clearly comes within the letter of the law, comes within the spirit of the law. … First, “‘[t]he burden is on the party attacking the sentence to clearly show that the sentencing decision was irrational or arbitrary. [Citation.]

Sternberg v. Superior Court

41 Cal. App. 3d 281 · California Court of Appeal · Aug 23, 1974

The courts in inter *293 preting the Constitution have established that evidence obtained by an illegal search and seizure should be excluded. (Mapp v. … Clearly, the issuing magistrate intended to direct a search for dangerous drugs and only by reason of clerical error did he fail to insert such direction on the face of the warrant.

Bautista v. County of Los Angeles

190 Cal. App. 4th 869 · California Court of Appeal · Nov 9, 2010

The hearing officer explained, “initiating and pursuing a relationship with Crook while she was working as a prostitute and taking illegal drugs was a personal choice [Bautista] clearly believed in; however it was also a … In order to protect these interests, the City must establish regulations governing police officers’ behavior . . . .”]; see also Kelley v.

Stanton & Sons v. County of Los Angeles

78 Cal. App. 2d 181 · California Court of Appeal · Feb 20, 1947

the consular certificates of origin describe the shipments by board feet, grade and variety; (5) the absence of an address from each board and the manner of transporting the lumber as an aggregation of goods—-these facts establish … In each of those cases it is made clearly to appear that the imported merchandise was taxed after United States customs duties had been paid and while the merchandise lay in the warehouse of the importer, either in the same