Case law

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

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.

Talbot v. Wake

74 Cal. App. 3d 428 · California Court of Appeal · Sep 30, 1977

Therefore, even if we have erred in approving the manner in which the documents were received and maintained in this case, section 6427 and the validating act would render the assessment and bond immune from collateral attack … They clearly do, insofar as the original validity of the assessment and the bond issued therein are concerned. (See City of Baldwin Park v. Stoskus (1972) 8 Cal.3d 563, 570 [ 105 Cal.Rptr. 325 , 503 P.2d 1333 ].)

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. Garcia

247 Cal. App. 4th 1013 · California Court of Appeal · May 31, 2016

“[H]e‟s not qualified to do anything. … So that‟s why he is qualified to provide you with evidence in this regard.” 2.

Malaga County Water Dist. v. Central Valley Regional Water etc.

California Court of Appeal · Dec 10, 2020

The Hearing Procedure in this case is clearly labeled as implementing an existing determination applicable to all adjudications and this fact is confirmed by email between the parties. … Malaga contends that any violation of the APA in this context qualifies as a deprivation of due process requiring an automatic reversal.

Selinger v. City Council

216 Cal. App. 3d 259 · California Court of Appeal · Nov 13, 1989

The Permit Streamlining Act includes no such qualifying language. … The Subdivision Map Act establishes general statewide criteria for land development planning and enables cities and counties to regulate the details of subdivisions.

People v. Lewis

California Court of Appeal · Feb 9, 2015

Our Supreme Court has repeatedly found speculative arguments inadequate to establish the actual prejudice required for delayed prosecution to constitute a due process violation. (People v. … Lewis argues that he was entitled to require that the court grant the boys judicial use immunity for their testimony because their testimony was necessary for his defense.

Newton v. Workers' Compensation Appeals Board

17 Cal. App. 4th 147 · California Court of Appeal · Jul 14, 1993

Determination a vocational rehabilitation unit, which shall include appropriate professional staff, and which shall have the following duties: [¶] (1) To foster, review, and approve vocational rehabilitation plans developed by a qualified … Employer clearly had notice that applicant suffered a psychiatric injury that he claimed to be the result of VR.

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

Sinclair v. Aquarius Electronics, Inc.

42 Cal. App. 3d 216 · California Court of Appeal · Oct 2, 1974

The instant case makes it unquestionable that plaintiff’s idea clearly qualifies as a trade secret under either or both of the foregoing definitions. … First, it is well established that a point raised in the reply brief for the first time will not be considered by the court unless good reason is shown for failure to present such point before (Boyd v.

Communities for a Better Environment v. California Resources Agency

126 Cal. Rptr. 2d 441 · California Court of Appeal · Nov 21, 2002

The problem with this argument is that it focuses on the establishment of a regulatory standard as a threshold of significance; it ignores the real issue here—the application of an established regulatory standard in a way … But Guidelines section 15378(b)(5) flatly exempts from CEQA those qualifying activities “which are not physical changes in the environment,” even if those activities may cause physical changes in the environment.

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.

People v. Skeirik

229 Cal. App. 3d 444 · California Court of Appeal · Apr 17, 1991

Turner got into his car and made a U-tum to see defendant’s vehicle clearly. He called the police. Defendant was apprehended that evening driving a Chevy van and armed with a .357 magnum in a shoulder holster. … Each of defendant’s two new convictions for assault with a deadly weapon causing great bodily injury, which involved separate victims and separate locations, independently qualified for punishment under section 667.7.

Hardesty v. State Mining and Geology Board

California Court of Appeal · May 31, 2017

But the fact the Board may accept as true “material” which would not qualify as evidence in a court of law does not mean it was compelled to accept as true all material contained in Hardesty’s documents. … “The mining laws were neither a guarantee that mining would prove feasible nor a grant of immunity against local regulation, but simply an assurance that the ultimate original landowner, the United States, would not interfere

Dept. of Water Resources v. Metropolitan Water Dist. etc.

California Court of Appeal · Jan 28, 2026

As a result, appellants must show that the Delta Program qualifies as a “further modification” to the existing Feather River Project unit. … It follows that, to support validation, DWR must show the Delta Program qualifies as a “further modification” to that unit.

Flick v. Exxon Corp.

58 Cal. App. 3d 212 · California Court of Appeal · May 13, 1976

Esso has never qualified to do business, done business, owned any property, or held any meeting of the corporation or its board of directors, in the State of California. … Co. (1957) 355 U.S. 220, 222-223 [ 2 L.Ed.2d 223, 226 , 78 S.Ct. 199 ], made this comment: “Looking back over this long history of litigation a trend is clearly discernible toward expanding the permissible scope of state

People Ex Rel. Department of Transportation v. Yuki

31 Cal. App. 4th 1754 · California Court of Appeal · Jan 6, 1995

The State’s appraiser Hulberg, a qualified M.A.I. … On remand the court is to determine a reasonable attorney fee in accordance with established law and the opinions expressed herein. The parties shall bear their own costs on appeal. Premo, Acting P.

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

People v. Morales CA2/8

California Court of Appeal · Dec 20, 2013

Morales was identified as the perpetrator when DNA from a buccal swab1 established a cold hit through a DNA database linking him to the crimes. … As we have noted, the record here contains Morales’ criminal history which clearly show that he was on probation at the time of arrest. There is no further evidence that could have been introduced to defeat this theory.