Case law

Ostrander v. Callahan CA3

California Court of Appeal · Jan 4, 2024

The Ostranders cite the rule that the word south (or north, etc.) when used alone and not qualified by other words means due south (or due north, etc.); but if qualified by other words, “it means precisely what the qualifying … As just noted, the word south only means due south when not qualified by other words, but if qualified by other words, “it means precisely what the qualifying word[s] make[] it mean.” (Fratt v.

Marriage of Powers CA3

California Court of Appeal · Aug 4, 2025

We conclude Powers has not established reversible error. … Powers has failed to establish an abuse of discretion. K.

Wright v. Arcade School District

230 Cal. App. 2d 272 · California Court of Appeal · Oct 19, 1964

But beyond this, I believe the majority opinion is more concerned with the fact that to hold that the district had a duty of care might establish a policy requiring school districts to establish crossing protection for students … It is not necessary that in finding or establishing a duty of care on the part of the school district in this case that such a result be reached.

People v. Matchett CA5

California Court of Appeal · Sep 15, 2015

Matchett’s brother Matchett’s brother, Brandon Matchett, testified under a grant of immunity. … He argues these documents were hearsay and the prosecution failed to establish the essential foundation necessary to qualify them as a party admission. (Evid. Code, § 1220.)

Yaffee v. Skeen

California Court of Appeal · Dec 19, 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. Kinney CA4/3

California Court of Appeal · Jun 2, 2025

PROSECUTION’S TRIAL EVIDENCE Prior to his testimony, L.E. was granted immunity under section 1324. … Torres was also granted immunity under section 1324 for his testimony. Torres testified he met Kinney when Kinney was having work done on his car.

C9 Ventures v. SVC-West, L.P.

202 Cal. App. 4th 1483 · California Court of Appeal · Jan 27, 2012

course of performance or course of dealing between the parties ... is relevant in ascertaining the meaning of the parties’ agreement, may give particular meaning to specific terms of the agreement, and may supplement or qualify … Section 2207 “establishes a legal rule that proceeding with a contract after receiving a writing that purports to define the terms of the parties’[] contract is not sufficient to establish the party’s consent to the terms

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.

In Re Kimberly S.

83 Cal. Rptr. 2d 740 · California Court of Appeal · Apr 13, 1999

Institutions Code section 366.26, subdivision (c)(1)(A), provides that the court can impose a permanent guardianship without termination of parental rights when such continued involvement of the birth parent is appropriate. *746 Clearly … It is the intent of the Legislature that a kinship adoption agreement will encourage a qualified relative to move forward with an adoption, causing children to move out of foster care and into permanent homes, thereby expediting

Deutsche Bank Nat. Trust v. Pyle

California Court of Appeal · Jul 13, 2017

For purposes of analysis, the OC Interior court assumed that the property purchaser qualified as a bona fide purchaser for value. (Id. at p. 1331.) … The default judgment clearly indicated that Saluto was acting in propria persona. After reading the default judgment Broadhurst was "astonish[ed]" to see that it set aside Saluto's mortgage.

Mamou v. Trendwest Resorts, Inc.

165 Cal. App. 4th 686 · California Court of Appeal · Jul 30, 2008

And Trendwest pointed to no written *723 or clearly articulated policy against such conduct. … If it did, those accusations were accompanied by actual malice, and the qualified privilege afforded no defense.

Marriage of Marks CA6

California Court of Appeal · Jan 26, 2023

The settlement officer stated that, “[t]he deferred compensation accounts will be divided pursuant to qualified domestic relations orders or other similar order to divide these accounts. … The judgment here specifically references the January 2019 order which requires preparation of a QDRO to establish and divide the community and separate interests in the CalPERS account.

Bundick v. Penny Mac Loan Services CA3

California Court of Appeal · Jun 7, 2021

Penny Mac clearly involves an implied contract . . . .” In the third amended complaint, plaintiff again identified Penny Mac as the loan servicer. … “In short, the agent’s immunity rule, with its exceptions, applies to civil conspiracy claims, which this is not.

McGuire v. More-Gas Invistment, LLC

220 Cal. App. 4th 512 · California Court of Appeal · Oct 15, 2013

Summary judgment is granted when a moving party establishes the right to the entry of judgment as a matter of law. [Citation.] … We held that these charges, which did not qualify as proper liquidated damages pursuant to Civil Code section 1671, constituted illegal penalties.

Channell v. Anthony

58 Cal. App. 3d 290 · California Court of Appeal · May 14, 1976

This clearly represents the out-of-pocket loss under the established rules discussed herein. … VI appears clearly now to be moot. *319 VII. Were Compensatory Damages Improperly Calculated?

Pacific Scientific Co. v. Glassey

245 Cal. App. 2d 831 · California Court of Appeal · Oct 24, 1966

It is well established that one whose wrongful conduct has rendered difficult the ascertainment of damages cannot complain because the court must make an estimate of damages rather than an exact computation. (Zinn v. … The court was clearly entitled to consider plaintiff’s status as a firm which had long done business as a manufacturers’ sales representative, which employed a highly trained and qualified sales staff and which had many established

People v. King

183 Cal. App. 4th 1281 · California Court of Appeal · Apr 16, 2010

She assumed she would not get a ticket because she was clearly not drunk and had no drugs. King said he would not give Nicole a ticket and agreed to lead her to the freeway. … His identity was established by testimony from Nicole and Marilyn, not DNA evidence.

People v. Bolourchi

California Court of Appeal · Jul 25, 2024

It is well established that, to comply with the consent law, a “ ‘driver should clearly and unambiguously manifest the consent required by the law. … A wrongful refusal to cooperate with law enforcement officers does not qualify for such protection.

Elkman v. National States Insurance

173 Cal. App. 4th 1305 · California Court of Appeal · May 14, 2009

Further, [National] clearly has continuing obligations to California residents through the policies it has in force and issued to California insureds, such as Ms. Elkman.” … The “standard for establishing general jurisdiction is ‘fairly high,’ Brand v.

Cory v. Riney

89 Cal. App. 3d 1003 · California Court of Appeal · Mar 1, 1979

paid from the residue in all events, without reference to a contingency that any person survive the testatrix or not. 1 The testatrix died in 1975, the integrated will was admitted to probate, and Bernice was appointed and qualified … The figures do not clearly demonstrate the proposal that the values of the two “bequests” be taxed because they show results but not the underlying calculations.