Case law

Estate of Gerst

153 Cal. App. 2d 528 · California Court of Appeal · Sep 3, 1957

Courtright, a police officer of the city of Santa Monica assigned to the Division of Identification, called by appellant and qualified as an expert on handwriting. Mr. … “The rule is well established that a regular and complete attestation clause makes out a prima facie case of due execution of the will.

Barker v. Garza

218 Cal. App. 4th 1449 · California Court of Appeal · Aug 22, 2013

Second, when the Legislature enacted section 342 in 1963 as part of the general legislation relating to claims and actions against public entities, it “concurrently and clearly ‘mention [ed]’ actions against public entities … rule of statutory construction did not apply to the statute of limitations for actions against public entities because “[i]n the absence of express statutory provision, courts will not find an implied abrogation of long established

Reid v. City of San Diego

California Court of Appeal · May 25, 2018

A validation action is one that permits a public agency to establish that certain actions it takes are valid and immune from further attack. … Accordingly, their appeal challenging the trial court's contrary conclusion is clearly not frivolous.

Lewis v. Superior Court of Los Angeles County

175 Cal. App. 3d 366 · California Court of Appeal · Dec 6, 1985

Canoga Industries (1978) 83 Cal.App.3d 956, 963 [ 148 Cal.Rptr. 459 ], where the “equity based decisional rule of tolling” established in Bollinger, supra, and Elkins, supra, is discussed.) … the quoted language in Sanchez , the court points out that the plaintiff (claiming partial tolling due to her one-month hospitalization for physical disability 10 months prior to the end of the statutory period) did not qualify

Doe v. Biter CA5

California Court of Appeal · Jan 27, 2023

These disputes center on whether the complaint was uncertain, appellants properly stated facts supporting their claims, appellants exhausted their administrative remedies, and respondents were entitled to immunity. … The failure to properly track time is generally not an error that qualifies as excusable under Code of Civil Procedure section 473. (See Huh v.

Steiger v. Alameda Health System CA1/2

California Court of Appeal · Jun 5, 2025

The trial court found that Steiger’s attorneys and paralegal Ledezma were well-qualified and experienced; that they achieved a good result for Steiger; and that they “deserve a reasonable hourly rate.” … The court found that Johnson was “clearly qualified to give expert opinions on attorney’s fees,” concluding that AHS’s failure to “secure the services of a California-based expert familiar with the local market” went to the

The Inns by the Sea v. Cal. Mutual Ins. Co.

California Court of Appeal · Nov 15, 2021

“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.” … Inns argues that “the presence of COVID-19 clearly 12 This litigation does not involve a scenario in which a business has alleged it was the target of an order requiring its particular premises to close for a period

Balido v. Improved MacHinery, Inc.

29 Cal. App. 3d 633 · California Court of Appeal · Dec 26, 1972

The Rhoads case is also significant in that the court rejected the argument that the warning notice on the press immunized the manufacturer from liability. … Olympic's knowledge of the deficiency was clearly established and its continued use of the machine was tantamount to intentional misconduct.

Inzunza v. Naranjo

California Court of Appeal · Aug 21, 2023

This error clearly was prejudicial. We therefore reverse the judgment against CRGTS and remand for a new trial. The judgment against Inzunza must be set aside pending the outcome of that trial. … received financial support from their parent which helped them in obtaining the 13 things which one cannot and should not do without, then that stepchild is dependent upon their parent and is qualified

Hearst Corp. v. San Mateo County Human Services Agency

125 Cal. App. 4th 1532 · California Court of Appeal · Jan 27, 2005

Thus, a court “ ‘ “is not authorized to insert qualifying provisions not included and may not rewrite the statute to conform to an assumed intention which does not appear from its language.” ’ [Citations.]” … Thus, rule 1423(a) includes in the list of documents qualifying as “juvenile case files” reports by probation officers and “social workers of child welfare services programs,” as well as documents “made available” to probation

Wells Fargo Bank v. California Insurance Guarantee Ass'n

38 Cal. App. 4th 936 · California Court of Appeal · Sep 28, 1995

“A defendant . . . has met his or her burden of showing that a cause of action has no merit if that party has shown that one or more elements of the cause of action . . . cannot be established, or that there is a complete … Wells Fargo argues that, “[s]ince the adjective ‘collectible’ qualifies ‘any other insurance,’ the ‘underlying insurances’ must also be ‘collectible insurance.’

Morell v. Board of Ret. of the Orange County Employees' Ret. etc.

California Court of Appeal · Jul 10, 2024

Alameda County Employees’ Retirement Association (2002)] . . . 9 Cal.5th . . . [1032,] 1067, finding that it is the Legislature that has final authority to establish the provisions governing the award of pension benefits … Distributions from the account must be used to reimburse the employee for qualified expenses related to medical and dental services.”

Cdm Investors v. American Nat. Fire Ins.

5 Cal. Rptr. 3d 466 · California Court of Appeal · Feb 4, 2004

SCOPE OF REVIEW We review a general demurrer under well-established principles. … in the coverage clause, and (2) implicit meaning of "ultimate" in "ultimate net loss," which suggests finality and, in context with the "for damages" qualifier, judgment-finality.

Vittone v. American President Lines

228 Cal. App. 2d 689 · California Court of Appeal · Jul 27, 1964

The law does not impose upon a shipowner a duty to provide continuing observation and immediate supervision of work being done by a qualified independent stevedoring contractor in unloading ordinary cargo (Knox v. … Clearly, we deal here with a very special type of absolute liability.

Anna M. v. Jeffrey E.

7 Cal. App. 5th 439 · California Court of Appeal · Jan 11, 2017

First, while the parties agree there is no statutory definition of “nonmarital partner,” the evidence did not clearly establish the relationship between Davis and Anna is equivalent to a spousal relationship. … Under several analyses courts have used to determine income, Davis’s financial support would not qualify. There was no evidence the financial support is derived from Anna’s capital, labor, or any combination of the two.

Romaca v. Meyer

114 Cal. App. 2d 375 · California Court of Appeal · Nov 26, 1952

In holding that the lack of such knowledge did not relieve defendant of civil liability, the judge pointed out that such apparently was the intent of Congress because of an “absence in the Act of any qualifying words such … In view of that preface, it may be that the holding does not go to the extent of establishing liability under all circumstances where the product affects interstate commerce.

Coso Energy Developers v. County of Inyo

19 Cal. Rptr. 3d 669 · California Court of Appeal · Oct 13, 2004

The state would at all times be in control of its power to retain, qualify, or withdraw its jurisdiction as appropriate under the circumstances. … Because such lands are not clearly for any of the purposes described in the 1852 Statute, their jurisdictional status was at best ambiguous prior to 1891.

Skelly v. Richman

10 Cal. App. 3d 844 · California Court of Appeal · Aug 26, 1970

It is clearly actionable. If the means is not unlawful, it is actionable unless shown to be justifiable by the inducer. ( 26 A.L.R.3d 679 , 690.) … This would clearly apply to Richman and inferentially to Granz through Richman. 12.

Martin v. City and County of San Francisco

37 Cal. Rptr. 3d 470 · California Court of Appeal · Dec 29, 2005

Destruction of an irreplaceable antiquity not being perceived by the public does not qualify as a significant effect. (Cal. Code Regs., tit. 14, § 15064, subd. … That is clearly, as a matter of law, not the case here. 2. The Section 26 Issue .

People v. Lopez CA4/3

California Court of Appeal · Dec 1, 2025

To qualify for relief under section 1172.6, a convicted attempted murderer must file a petition declaring that “(1) A complaint, information, or indictment was filed against the petitioner that allowed the prosecution to … But the trial court found the record clearly showed he directly aided and abetted the attempted murder, which remains a viable theory under current law. (See People v.