Case law

Thomas v. City of Los Angeles

California Court of Appeal · Apr 25, 2023

“To qualify [Thomas’s] success as moderate is fallacious.” After establishing the lodestar amount, the trial court turned its attention to whether a multiplier should be applied. … The employee must establish that he is a “qualified individual,” i.e., an employee who can perform the essential functions of the job with or without reasonable accommodation. (Green v.

Sierra Club v. County of Napa

19 Cal. Rptr. 3d 1 · California Court of Appeal · Aug 6, 2004

Beringer proposes to establish a 1,424,400-square-foot facility on the site. 1,167,590 square feet of the facility will be used for warehousing and storing wine. … Subdivision B qualifies that provision, providing upon request at the hearing by the appellant or any interested party, and a showing of good cause, the board may permit additional evidence to be presented which could have

People v. Olivares CA2/2

California Court of Appeal · Oct 10, 2024

This barely qualifies as issue spotting; it certainly is not advocacy. 2  FACTS AND PROCEDURAL BACKGROUND I. … (c) [expert testimony “may” be used to establish unavailability].)

Yaffee v. Skeen

California Court of Appeal · Nov 26, 2024

Mimran’s testimony established there was a reasonable certainty plaintiff would need a permanent DRG stimulator. … Macias (2024) 102 Cal.App.5th 740, 752.) “ ‘While there is no clearly established definition of “reasonable certainty,” evidence of future detriment has been held sufficient based on expert medical opinion which considered

People v. Nielsen

California Court of Appeal · Mar 30, 2026

However, defendant’s sentencing submissions clearly conveyed that his childhood trauma led to his drug addiction and crimes. … There, sections 1170.9 and 1170.91 obligated the trial court to consider qualifying service-related PTSD as a mitigating circumstance in making discretionary sentencing choices.

ABBA Rubber Co. v. Seaquist

235 Cal. App. 3d 1 · California Court of Appeal · Oct 16, 1991

A customer list is one of the types of information which can qualify as a trade secret. (American Paper & Packaging Products, Inc. v. Kirgan (1986) 183 Cal.App.3d 1318, 1323-1324 [ 228 Cal.Rptr. 713 ].) … Any preliminary or permanent injunction issued in this case in the future shall both clearly and narrowly define the scope of the proscribed activities, in accordance with the views expressed in this opinion.

People v. JTH Tax, Inc.

212 Cal. App. 4th 1219 · California Court of Appeal · Jan 17, 2013

FBOD applications used from 2003 to 2005 did not clearly and effectively communicate the cross-collection authorization, which appeared on the second or third pages of lengthy and complex contracts that on their face had … We conclude its actions do not qualify under the possible exception discussed in Ford Dealers IV.

Bosse v. Marye

80 Cal. App. 109 · California Court of Appeal · Dec 1, 1926

by the next sentence, the court saying: “Stated in another way: if the employee who causes the injury is free from liability therefor, the employer must also be free from liability,” indicating clearly that the court had … In the case before us, the street where the accident occurred was more of a country road with no established cross-walks and carrying little traffic.

Dunning v. Johnson

California Court of Appeal · May 13, 2021

We are mindful that “[r]elevant personal observations of area residents on nontechnical subjects may qualify as substantial evidence for a fair argument.” (Pocket Protectors v. … In the record before us, there clearly is sufficient evidence from which it can be found that Clews Horse Ranch pursued the CEQA Litigation with malice.

Citron v. Fields

30 Cal. App. 2d 51 · California Court of Appeal · Dec 20, 1938

However, annual net income may be in such an amount that, when related to the amount claimed, proof thereof would establish the ability to pay the claim. … of the customs and practice of the profession in fixing the reasonable value of services in Hemet and Riverside County, the community where the services were performed and where the respondent practiced, did not properly qualify

In re Danny M. CA1/5

California Court of Appeal · Jun 3, 2014

The trial court found both David and Kelly would qualify as a presumed father. … [David] clearly did not want to leave [M]other alone with [the] social worker. There was tension between them. [David] glared at [M]other.”

In Re MJE

43 Cal. App. 3d 792 · California Court of Appeal · Dec 10, 1974

Reference need only be made to section 5002 of the Code to establish this proposition. … It is instead clearly a judicial commitment prohibited by section 5002 of the Code.

Evans Ditch Co. v. Lakeside Ditch Co.

13 Cal. App. 119 · California Court of Appeal · Apr 1, 1910

To the question counsel for plaintiffs objected on the ground that the witness had not shown himself qualified to measure water. The objection was sustained and the answer was stricken out. … In order to establish a title by “prescription” it was necessary, as we have seen, that the use was under a claim of right..

People v. Smith

155 Cal. App. 3d 1103 · California Court of Appeal · May 17, 1984

This should be qualified by noting a political party which engages in criminal activity is not immunized from prosecution ( Murgia, supra, 15 Cal.3d 286, 303, fn. 14 ). … Such a modification of judgment is appropriate where there was error in failing to instruct on lesser included offenses but the evidence clearly establishes guilt of a lesser degree of the offense for which he was convicted

Santa Clara County Department of Family & Children's Services v. Kimberly I.

46 Cal. App. 4th 1635 · California Court of Appeal · Jul 1, 1996

“minimum standards of experience and education necessary to qualify as competent counsel” (§317.6, subd. … The parent must also establish that the claimed error was prejudicial.

People v. Evensen CA1/1

California Court of Appeal · Jan 29, 2025

Moreover, a more reasonable reading of that statute is that it permits evidence (the “details”) relevant to establishing the existence of a particular sexually violent offense—i.e., a qualifying conviction committed by force … Finally, it seems counterintuitive, especially when attempting to establish that a qualifying conviction was committed through duress, not to consider all of the highly relevant aspects of Evensen’s predatory relationships

Yaffee v. Skeen

California Court of Appeal · Dec 17, 2024

Mimran’s testimony established there was a reasonable certainty plaintiff would need a permanent DRG stimulator. … Macias (2024) 102 Cal.App.5th 740, 752.) “ ‘While there is no clearly established definition of “reasonable certainty,” evidence of future detriment has been held sufficient based on expert medical opinion which considered

City and County of San Francisco v. State

27 Cal. Rptr. 3d 722 · California Court of Appeal · Apr 27, 2005

Superior Court (1970) 2 Cal.3d 557, 566 [ 86 Cal.Rptr. 65 , 468 P.2d 193 ].) “ ‘[0]ne of the essential attributes of *1037 abuse of discretion is that it must clearly appear to effect injustice. [Citations.] … Nor had the Supreme Court itself “ever identified initiative proponents as Article-III-qualified defenders of the measures they advocated. [Citation.]” {Ibid.)

Carlson v. Nereson

194 Cal. App. 3d 865 · California Court of Appeal · Sep 11, 1987

entitled to share in the natural increase and profits of the former community property but “only . . . such proceeds and increase as are not due to the personal activity, ability, or capacity of the surviving spouse, these clearly … That section provides as follows: “No person has any power of an executor until he qualifies, except that, before letters are issued, he may pay the funeral charges and take necessary measures for the preservation of the

People v. Burkett CA1/3

California Court of Appeal · Mar 16, 2015

The term “accomplice” is well-established in California law. … As we have already discussed at length, the record of appellant’s prior conviction, and in particular the express terms of his valid plea deal, clearly established his disqualification from resentencing as a second strike