Case law

Jackson v. Johnson

5 Cal. App. 4th 1350 · California Court of Appeal · Apr 29, 1992

Therefore, it further appears the majority’s holding this case involved nothing more than simple negligence is clearly erroneous. … That the plaintiff applied and was qualified for a job for which the employer was seeking applicants; “c. That despite being qualified, the plaintiff was rejected; and, “d.

People v. Lara CA5

California Court of Appeal · Aug 11, 2025

They provide “increasingly detailed guidance for deciding whether a defendant qualifies for diversion,” and specifically decrease the burden on the defendant to establish one of the enumerated criteria—that their diagnosed … Lara has failed to show prejudice as the record does not establish a key requirement for mental health diversion — a diagnosis of a mental health disorder by a qualified mental health professional.

Cordova v. Ford

246 Cal. App. 2d 180 · California Court of Appeal · Nov 7, 1966

Since plaintiff was in exclusive control of her ovm vehicle, the requisite exclusive control in defendant was not established. … We conclude that the second and third conditions for the application of the doctrine of res ipsa loquitur were not met and that the trial court was clearly justified in refusing to give the instructions in question.

People v. Vallery CA2/7

California Court of Appeal · Jan 12, 2023

him for the death penalty under the felony-murder rule and the other where the conduct was insufficient to qualify for the death penalty. … The Special-circumstance Instruction and Jury Verdict Do Not Establish Vallery’s Ineligibility for Resentencing Relief as a Matter of Law a.

Bottoms v. Madera Irrigation District

74 Cal. App. 681 · California Court of Appeal · Oct 27, 1925

existing under and by virtue of the act commonly referred to as the Wright-Bridgford Act (Stats. 1897, p. 254), and the acts amendatory thereof and *685 supplemental thereto,' that prior to the tenth day of July, 1922, the qualified … That boards of directors cannot in any such manner abdicate their powers and turn over the properties to other corporations is well established. Colburn v.

Bravo v. Superior Court

108 Cal. Rptr. 2d 514 · California Court of Appeal · Sep 12, 2001

If, under section 707, subdivision (d) the prosecutor chooses to directly file charges in adult court and the juvenile is convicted of one of the qualifying offenses, the court must sentence the juvenile as an adult under … Unless a statute's unconstitutionality "`clearly, positively, and unmistakably appears'" ( Calfarm Ins. Co. v.

Contra Costa County Department v. Ted B.

189 Cal. App. 3d 996 · California Court of Appeal · Feb 25, 1987

The only qualified medical testimony came from Eric’s attending physician. He was asked “what would be your prognosis for Eric if he was not monitored?” … The parents’ reliance on People in the Interest ofD.L.E. (1980) 200 Colo. 244 [ 614 P.2d 873 ], is clearly misplaced.

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.

Kim v. Pacifica Chemical CA2/1

California Court of Appeal · Feb 6, 2014

“The goal of trial court gatekeeping is simply to exclude ‘clearly invalid and unreliable’ expert opinion. [Citation.]” … “‘The goal of trial court gatekeeping is simply to exclude “clearly invalid and unreliable” expert opinion. [Citation.]

State Building & Construction Trades Council of California v. City of Vista

173 Cal. App. 4th 567 · California Court of Appeal · Apr 28, 2009

When a genuine conflict arises, a court must consider first whether the state law qualifies as a matter of "statewide concern." ( Ibid. ) If the state law does not qualify as a matter of statewide concern, the conflicting … As set forth in the statute, the Director of Industrial Relations establishes the prevailing wage by, among other things, "ascertain[ing] and consider[ing] the applicable wage rates established by collective bargaining agreements

Capitol Racing, LLC v. California Horse Racing Board

75 Cal. Rptr. 3d 384 · California Court of Appeal · Apr 22, 2008

The Zumbrun agreement did not qualify because, in part, Capitol Racing was not a party to that agreement. … Clearly the Racing Board had authority to impose lawful conditions on any license it granted to Capitol Racing.

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,

Carlsen v. Unemployment Insurance Appeals Board

64 Cal. App. 3d 577 · California Court of Appeal · Dec 6, 1976

There appears to be only one California case dealing with the question of whether a corporate officer with control over the corporation may qualify for unemployment compensation benefits. In Cooperman v. … The Nest decision is clearly controlling on this point and establishes that the evidence in the instant case was insufficient as a matter of law to support a finding that plaintiff’s parttime activities as the president of

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.

California Dental Ass'n v. California Dental Hygienists' Ass'n

222 Cal. App. 3d 49 · California Court of Appeal · Jul 17, 1990

Similarly, the dismissal clearly is final as to the individual plaintiffs, Brundin and Satinover, who also face no further proceedings in the trial court. (Ibid.; Justus v. … The facts upon which plaintiffs base their complaint clearly fall into the exempted area described by the above cases.

People v. Flores

California Court of Appeal · Apr 15, 2024

The jury also found true the allegation that Flores committed a qualifying sex act against more than one victim. (§ 667.61, subd. (e)(4).) … comment suggests that the delayed nature of a disclosure generally Reynoso (2017) 10 Cal.App.5th 172, 179 (Reynoso) [“Failure to provide proper headings forfeits issues that may be discussed in the brief but are not clearly

People v. Stulting CA2/2

California Court of Appeal · Jun 21, 2016

The court noted: “VC 10851(a) does not qualify for Prop 47 relief. Petition denied.” … It broadly covers all thefts and clearly mandates that thefts be considered petty if the property stolen is worth $950 or less.

Los Angeles County Department of Public Social Services v. Dennis H.

153 Cal. App. 3d 1098 · California Court of Appeal · Mar 30, 1984

The statement could not be used to establish who caused the injury nor to support an opinion that a certain individual was responsible. … H. as the one who abused her clearly were hearsay if offered to prove that Mr. H. was the one who molested Cheryl.

Malish v. City of San Diego

84 Cal. App. 4th 725 · California Court of Appeal · Nov 1, 2000

Since the City is compelled to issue a state pawnbroker license to a qualified applicant, Malish contends it is unnecessary and inconsistent with state law to require a local regulatory permit. … Inspections of Malish’s business under the ordinance clearly fall within the “closely regulated business” exception to the warrant requirement addressed in New York v.

In re Taitano CA1/5

California Court of Appeal · Nov 24, 2014

Defendant clearly met the first three elements, the critical issue being whether he had a mental disorder rendering him a substantial danger to others. … The resolution of this issue requires the expert opinion of a qualified mental health professional.