Case law

City of Westminster v. County of Orange

204 Cal. App. 3d 623 · California Court of Appeal · Sep 14, 1988

Moreover, referenda suspend the implementation of ordinances when they qualify for the ballot with the signatures of 10 percent of the voters *628 (Elec. … the major thrust of Proposition 62, at least as it was presented to the voters, was the fatally defective attempt to shift control of local taxation to the local electorate, the one portion of this statutory measure which clearly

Cundall v. Mitchell-Clyde

California Court of Appeal · Jun 29, 2020

The court reasoned that, “[i]f the language in the trust were sufficient to qualify as the explicitly exclusive method, then the language in section 15401, subdivision (a)(2) would be unnecessary.” (Masry, at p. 742.) … Thus, the “compromise position” embodied in section 15401 clearly changed the prior law. Cundall’s reliance on Hibernia, which was decided under the prior law, is therefore misplaced.

In Re Arafiles

6 Cal. App. 4th 1467 · California Court of Appeal · May 29, 1992

To operate ex post facto, a law must clearly be disadvantageous in character. (In re Ramirez (1985) 39 Cal.3d 931, 934-935 [ 218 Cal.Rptr. 324 , 705 P.2d 897 ].) Section 8(b) does not satisfy this criterion. … an offense or change the punishment and make it greater than when it was committed; . . . and did not deprive the accused of any substantial right or immunity possessed by them at the time of the commission of the offense

Castleman v. Sagaser

California Court of Appeal · May 15, 2013

The evidence favorable to the plaintiff is accepted as true, while the defendant‟s evidence is evaluated to determine if it defeats the plaintiff‟s claim as a matter of law, e.g., on grounds of privilege or immunity. … The Chavez opinion clearly states that “the defendant has the initial burden to make a prima facie showing that the plaintiff‟s claims are subject to section 425.16.” (Chavez, supra, 94 Cal.App.4th at p. 1087.)

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.

Estate of Camm

76 Cal. App. 2d 104 · California Court of Appeal · Sep 17, 1946

He then cites a number of authorities in support of the undoubted and well established rule of law that a creditor of a trust beneficiary has no better claim to the trust fund than the beneficiary has. • Certainly, if the … The court said at pages 712-3 [3 N.W.2d] : “The reasons opposing appellant’s claim are clearly stated by the New Jersey court in the Spiegelberg case, supra, in the following language at pages 174, 175 of 117 N. J.

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. 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

Shea Homes Ltd. Partnership v. County of Alameda

2 Cal. Rptr. 3d 739 · California Court of Appeal · Jul 1, 2003

It established permissible land uses in the unincorporated areas. … Placing a limitation on landfills, as provided in the amendment to Policy 141, clearly allows for greater open and/or agricultural space.

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

Gentis v. Safeguard Business Systems, Inc.

60 Cal. App. 4th 1294 · California Court of Appeal · Jan 20, 1998

The legislative history of section 31005 reveals great care was taken in defining a “franchise” because of the countless and varied relationships that could qualify as such. … In attempting to define the term ‘franchise[,’] which has been in use for so many years and covers so many different concepts, the concern will have to be that many things are not being included which would clearly be excluded

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.

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. Saldano CA3

California Court of Appeal · Apr 13, 2015

‘Transportation of a controlled substance is established by carrying or conveying a useable quantity of a controlled substance with knowledge of its presence and illegal character.’ [Citation.] … Here, the amendments clearly benefit defendants with pending methamphetamine or morphine transportation cases, and for whom there is insufficient proof of possession for sale, by rendering them immune from prosecution under

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.

Title Guarantee & Trust Co. v. Garrott

42 Cal. App. 152 · California Court of Appeal · Jul 10, 1919

Where, as here, it clearly appears by the deed that it was the intention of the parties that, upon a breach of the restriction, the estate conveyed to the grantee should be defeated and. should return to the grantor, the … In order to prevent this evil two doctrines were established: One that all interests should be alienable; the other that all interests must arise within certain limitations of time.

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.

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.

City of Los Angeles v. Workers' Compensation Appeals Board

119 Cal. App. 3d 355 · California Court of Appeal · May 19, 1981

Remanding the matter to the WCAB, we directed that the burden of proof was upon Pacific Telephone “to establish by a perponderance of the evidence (see Witkin, Cal. … Even when he was repeatedly injured sufficiently to qualify for medical retirement, he returned to his work on the streets, vigorously eschewing all alternatives.