Case law

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.

People v. Brown

177 Cal. App. 3d 537 · California Court of Appeal · Feb 11, 1986

This testimony established that preplea reports are useful to resolve difficult criminal cases. … “The harmless error concept as a basis for according relief in such a setting is clearly inappropriate.

Healthsmart Pacific v. Kabateck

California Court of Appeal · Jan 11, 2017

First, the moving-party defendant must establish that the challenged claim arises from activity protected by the anti-SLAPP statute. (Ibid.) … Taylor (2015) 234 Cal.App.4th 471, 481-483 [an allegedly defamatory Internet posting to a church community of 550 to 1,000 members was “large enough to qualify as a ‘community’ for purposes of [Code of Civil Procedure] section

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

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.

SERVICE EMPLOYEES INTERNAT. UNION, LOCAL 1000 v. Schwarzenegger

186 Cal. App. 4th 747 · California Court of Appeal · Jun 11, 2010

. *752 (1) The September 10 order did not, in and of itself, qualify as an appealable, final judgment, because it was not the ultimate determination of the rights of the parties. (See Code Civ. Proc., § 577; Morehart v. … The Controller clearly indicated an ability to effectuate particularized monetary relief if directed to do so by the court.

Community Redevelopment Agency v. Henderson

251 Cal. App. 2d 336 · California Court of Appeal · May 24, 1967

Sims, another witness for plaintiff and likewise qualified on such matters, testified substantially to the same effect. … Co., 61 Cal.2d 602, 610 [ 39 Cal.Rptr. 721 , 394 P.2d 561 ]); as further pointed out in Horn , “ ‘It is only in extreme cases that the court, when acting promptly and speaking clearly and directly on the subject, cannot,

Armstrong v. County of San Mateo

146 Cal. App. 3d 597 · California Court of Appeal · Aug 26, 1983

The Legislature and the people thus have clearly demarked legislative powers. … 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

Santa Monica College Faculty Ass'n v. Santa Monica Community College District

243 Cal. App. 4th 538 · California Court of Appeal · Dec 30, 2015

These statutes establish three types of community college faculty: (1) “regular” (or “tenured”) employees; (2) “contract” (or “probationary”) employees; and (3) “temporary” employees. (§§ 87604 & 87661, subds. … Thus, “‘“‘we will find an implied repeal “only when there is no rational basis for harmonizing . . . two potentially conflicting statutes [citation], and the statutes are ‘irreconcilable, clearly repugnant, and so inconsistent

Corman v. Blanchard

211 Cal. App. 2d 126 · California Court of Appeal · Dec 19, 1962

Establishing of local police review boards, separate from law enforcement agencies, to hear citizens complaints of mistreatment by police and recommend disciplinary action. Yes 14. … consideration, we borrow the contention of plaintiff and the lower court’s ruling thereon, and assume that because of the violation of section 5005, section 5005.5, Elections Code, precludes defendant from pleading any absolute or qualified

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.

Kessler v. General Cable Corp.

92 Cal. App. 3d 531 · California Court of Appeal · May 1, 1979

In addition, however, our review must be conducted pursuant to the well established principles which guide summaiy judgment proceedings. … if the following conditions are met: (1) the implication must arise from the language used or it must be indispensable to effectuate the intention of the parties; (2) it must appear from the language used that it was so clearly

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.

People v. Green

46 Cal. App. 4th 367 · California Court of Appeal · Jun 12, 1996

In fact, Officer Veronee clearly stated on cross-examination that, "It was an inventory search since we were impounding his vehicle." The substance of *375 this statement is clear. … The majority opinion does not offer any "standardized procedures" Inglewood or the state has established defining how inventory searches are to be conducted.

Valley Presbyterian Hosp. v. Superior Court

94 Cal. Rptr. 2d 137 · California Court of Appeal · Mar 27, 2000

I, § 1) provides a qualified, not absolute, bar to discovery. ( Britt v. Superior Court (1978) 20 Cal.3d 844, 854-855 , 143 Cal.Rptr. 695 , 574 P.2d 766 .) … In contrast, the class of clearly protected information includes membership in religious and political associations ( Britt v.

Sarun v. Dignity Health

California Court of Appeal · Nov 12, 2019

The admissions contract explained uninsured patients might qualify for government aid programs or financial assistance from Dignity Health. … However, uninsured patients may be able to qualify for government programs or financial assistance.

Phelan v. Superior Court

90 Cal. App. 3d 1005 · California Court of Appeal · Mar 26, 1979

In the present case, petitioners clearly entertained a subjective expectation of privacy in the cultivation of their marijuana garden. … In this situation, petitioners’ “internal, uncommunicated need for privacy” arising from their criminal activity would not qualify for Fourth Amendment protection (Dean v.

Robinson v. Super. Ct.

California Court of Appeal · Mar 3, 2023

“The plain meaning of the words of a statute may be disregarded only when the application of their literal meaning would (1) produce absurd consequences that the Legislature clearly did not intend or (2) frustrate the manifest … (d)(1)(A)) when the plaintiff establishes it has the right under the Eminent Domain Law to take the property.

National Parks & Conservation Ass'n v. County of Riverside

71 Cal. App. 4th 1341 · California Court of Appeal · May 7, 1999

Several qualified consulting biologists rendered opinions about the ecological impacts of the project, reaching differing conclusions. Dr. … B DTRP: Tortoise Habitat The trial court’s ruling on this issue stated, “[T]he [DTRP] clearly recommends that no new landfills be constructed in desert tortoise habitat.”

People v. Farago CA3

California Court of Appeal · Oct 23, 2025

The petition stated that she had recently been diagnosed with a qualifying mental disorder and that a qualified mental health expert would opine that her mental health symptoms underlying the criminal behavior would respond … At the next hearing in February 2023, defense counsel stated that a mental health diversion petition was pending, and they were “working on getting residency established to meet the suitability prong.