Case law

Tain v. State Board of Chiropractic Examiners

30 Cal. Rptr. 3d 330 · California Court of Appeal · Jun 22, 2005

The standards governing summary judgment motions and appellate review thereof are well established. … In Crees , the plaintiff chiropractors 8 sued for declaratory relief to have certain rights, immunities and privileges defined and declared under the 1913 MPA and the Chiropractic Act.

Spielbauer Law Office v. Midland Funding CA6

California Court of Appeal · Jun 26, 2023

The trial court found that “[t]he evidence is insufficient to qualify Mr. … Spielbauer reargues the issues litigated below without establishing that the trial court rendered a decision that was “clearly wrong.” (Ketchum, at p. 1132; see also PLCM Group, supra, 22 Cal.4th at p. 1096.)

S.V. v. J.M.

136 Cal. App. 4th 481 · California Court of Appeal · Feb 7, 2006

The third step, applying the law to the facts, is reviewed under the deferential clearly erroneous standard if the inquiry is essentially factual, i.e., if it “ ‘ “ ‘is founded “on the application of the [trial court’s] experience … A custodial parent’s decisions regarding visitation are entitled to presumptive validity and must be accorded “special weight,” but they are not immune from judicial review. (Fenn v.

Caro v. Procter & Gamble Co.

18 Cal. App. 4th 644 · California Court of Appeal · Aug 31, 1993

While in many cases this item of information may not be relevant to the class issue (or even if relevant, the relevancy is slight and is outweighed by other considerations), here there is a relevancy which is not clearly … Hertz does not contend his lawyers are not qualified to conduct the litigation. [Citation.]” (Id. at p. 142.)

People v. Poe CA5

California Court of Appeal · Mar 17, 2026

To achieve this end, ‘the Three Strikes law … establishes a sentencing requirement to be applied in every case where the defendant has at least one qualifying strike, unless the sentencing court “conclud[es] that an exception … First, ‘ “[t]he burden is on the party attacking the sentence to clearly show that the sentencing decision was irrational or arbitrary. [Citation.]

Anaya v. Turk

151 Cal. App. 3d 1092 · California Court of Appeal · Feb 16, 1984

As section 315 illustrates, liability for nonfeasance is largely limited to those circumstances in which some special relationship can be established. … Heisig who states that he is “a narcotic expert having qualified as an expert witness in both Federal and State Courts on numerous occasions.” 5 Mr.

People v. Smith CA4/2

California Court of Appeal · May 17, 2016

The court stated that “applying established principles of statutory construction I believe a petitioner for resentencing under Proposition 47 must establish his or her eligibility for such resentencing. … It broadly covers all thefts and clearly mandates that thefts be considered petty if the property stolen is worth $950 or less.

Benson v. Kwikset Corp.

152 Cal. App. 4th 1254 · California Court of Appeal · Jun 29, 2007

and unmistakably” established. … This is too well established in too many different contexts to be doubted. ...

People v. Jones

58 Cal. App. 4th 693 · California Court of Appeal · Oct 21, 1997

In a footnote, the court held this was a “penalty provision,” because it established an increased base term, and not an “enhancement,” which would be an additional term of imprisonment added to the base term. … (a)), unless the defendant qualifies for probation. 12 Chapman v.

City of Hesperia v. Lake Arrowhead Community Services Dist.

California Court of Appeal · Jul 12, 2023

Background regarding the District and the Hesperia Farms Property Established in 1978 under the Community Services District Law (Gov. … However, the record need only demonstrate that the City was on inquiry notice regarding the issue: “In order to impute laches to one who seeks relief in equity, it should clearly appear that he either had actual knowledge

Roe v. Halbig

California Court of Appeal · Nov 20, 2018

The court found that Roe was the prevailing party and that Halbig “did not establish a prima facie case of a valid claim.” … Vasquez, supra, 45 Cal.4th at p. 252 [observing “the Legislature clearly knows how to 22 require prelitigation demands unambiguously when that is what it wishes to do”].)

People v. Ayala

California Court of Appeal · Mar 29, 2024

Ayala then started talking in a sexy voice about 5 Breanna testified under a grant of immunity. … The prosecutor disagreed, stating Breanna was never part of the murder plot and her receipt of immunity did not “trigger[ ] an accomplice act.”

People v. Ruiz CA4/2

California Court of Appeal · Jan 13, 2016

First, defendant argues the CLETS printout is not sufficient evidence that defendant had a prior adjudication for robbery because it does not clearly specify that defendant suffered a prior adjudication for robbery and … declined to use a prior juvenile adjudication to elevate a drunk driving charge from a misdemeanor to a felony pursuant to Vehicle Code former section 23550.5, subdivision (a)(2), which allows such when the People can establish

In Re Marriage of Hopson

110 Cal. App. 3d 884 · California Court of Appeal · Oct 6, 1980

Code, §§ 5150-5174; 3 UCCJA). 4 As Division One of this court established in Smith v. … Similarly qualified priority should also be accorded to the judgment of the court of greatest concern with the welfare of the children.

Helgestad v. Vargas

231 Cal. App. 4th 719 · California Court of Appeal · Nov 18, 2014

We first dispense with two of the three pro-credit rationales as inconsistent with established California doctrine. The void-null-suspension theory is inconsistent with Gregory-McCann. … It felt there is no possibility of credit if the order or the reconciliation do not qualify as pendente lite. But that is not what section 3602 says.

Pacific Gas & Electric Co. v. Public Utilities Commission

237 Cal. App. 4th 812 · California Court of Appeal · Jun 16, 2015

But the Commission was clearly of the opinion that Lead Counsel and his testimony were not credible. … The statutory scheme clearly accepts that the PUC will be able to identify when a violation amounts to a continuing one. How the Commission does so would clearly be another matter. (See Southern California Edison Co. v.

Cole v. City of Los Angeles

187 Cal. App. 3d 1369 · California Court of Appeal · Dec 16, 1986

Although only "neglect" is qualified by the adjective "excusable," it is uniformly held that for relief on any or all of the stated grounds it must be shown that one's misconception was reasonable, or that it might have been … Pretty clearly, it did not and thus the decision should be reversed. In this case, the uncontroverted evidence demonstrated the city had told Mrs. Cole orally she had a full year to file her claim.

Gibson v. De La Salle Institute

66 Cal. App. 2d 609 · California Court of Appeal · Oct 31, 1944

The governing principle as to when parol testimony may be introduced to explain the language of a contract or to ascertain the intention of the parties is clearly set forth in Kenney v. … Furthermore, Hoffman’s wire qualified the terms “cash” by stating that he could supply warehouse receipts on 250,000 gallons, which indicates, if it means anything, that he did not contemplate a single delivery.

Young v. Midland Funding, LLC

California Court of Appeal · Oct 7, 2022

Code of Civil Procedure section 425.16, subdivision (b)(1) does not provide a form of immunity, “insulat[ing] defendants from any liability for claims arising from the protected rights of petition or speech.” (Baral v. … Thus, Young qualified as a “debtor” under the Rosenthal Act.

Coyne v. City and County of San Francisco

9 Cal. App. 5th 1215 · California Court of Appeal · Mar 21, 2017

such intention is made clearly to appear either by express declaration or by necessary implication.’ … time-consuming in practice that they prohibited landlords from carrying out evictions within the time frames specified by the Ellis Act (§ 7060.5), then the Amended Ordinance would be unlawful as applied to landlords who qualified