Case law

Kleemann v. WCAB

25 Cal. Rptr. 3d 448 · California Court of Appeal · Mar 2, 2005

In any event, the Legislature's intent is clearly stated in Section 47 and includes Kleemann's injuries under the analysis of Aetna Casualty and Graczyk. B. … Philip Morris Companies, Inc. (2002) 28 Cal.4th 828, 840-841, 844 , 123 Cal.Rptr.2d 40 , 50 P.3d 751 ( Myers ) (repeal of tobacco industry statutory immunity is prospective absent a clear indication by Legislature retrospective

Crocker v. Blake CA3

California Court of Appeal · Apr 11, 2022

Crocker maintains on appeal that these undisputed facts “clearly show” it was unreasonable for Blake to suspect Crocker committed a crime. … Accordingly, “because [Blake] has established his burden under the first prong of the anti-SLAPP statute to establish that [Crocker’s] malicious prosecution claim arises from protected activity, and [Crocker] has not met

People v. James

238 Cal. App. 4th 794 · California Court of Appeal · Jul 14, 2015

Howard concluded that the aberrant behavior exhibited by appellant on February 19, 2012, was more likely the result of either drug-induced psychosis or drug-induced delirium: ―I DO NOT believe that [appellant‘s] established … Addiction to or abuse of drugs or intoxicants, by itself, does not qualify as legal insanity.

Kappadahl v. Alcan Pacific Co.

222 Cal. App. 2d 626 · California Court of Appeal · Nov 27, 1963

There may well be situations where all of the above findings are made but the acts of the legislative body so clearly amount to “zoning” that the court will step in and require that a purported variance be subject to referendum … No reason appears why the power granted to the zoning board and the board of supervisors with respect to variances should be qualified by prior actions taken by the board of supervisors.

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.

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. Meyer

216 Cal. App. 2d 618 · California Court of Appeal · May 27, 1963

I don’t feel that this man is a qualified and competent witness.” The motion was denied. The determination of the competency of a witness is almost wholly within the discretion of the trial court. (People v. … An order denying probation will not be reviewed on appeal unless the record clearly shows an abuse of discretion. (People v. Roberson, 167 Cal.App.2d 542, 545-546 [ 334 P.2d 578 ].)

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.

Bell v. BOARD OF SUPERVISORS OF ALAMEDA CTY.

23 Cal. App. 4th 1695 · California Court of Appeal · Apr 6, 1994

It is well established that County is not required to provide its general assistance as a flat cash grant. … Respondents have not, however, established that the vendor pay plan is in any way illusory.

People v. Caldwell

102 Cal. App. 3d 461 · California Court of Appeal · Feb 22, 1980

Here nothing in the record clearly shows the prospective jurors to have been biased. … In this witness’ opinion a psychomotor seizure cannot last for a period of days or weeks, but he admitted that some qualified experts disagree on this point.

People v. Fulton

121 Cal. Rptr. 2d 828 · California Court of Appeal · Aug 1, 2002

The trial court thus found the entire attorney fees qualified as an economic loss within the meaning of section 1202.4, subdivision (f)(3), and that the 25 percent contingency fee was reasonable. … Further, it is the defendant's burden to make a record showing the portion of the attorney fees that are not recoverable because they can be clearly attributed solely to a nonrecoverable category of damages.

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

Pruitt v. Fontana

143 Cal. App. 2d 675 · California Court of Appeal · Aug 6, 1956

No standard or basis for these 'approvals’ is established. … In October, 1952, defendant deposited a deed in escrow, clearly susceptible of a representation by conduct that he proposed to stand upon the oral contract.

People v. Vollmann

73 Cal. App. 2d 769 · California Court of Appeal · Apr 2, 1946

Ewing was granted immunity and became the principal witness of the State in this ease. … As previously noted, the evidence presented to the jury was clearly sufficient to establish that the appellant requested a bribe on the understanding and agreement that his official conduct would be influenced thereby.

People v. Super. Ct. (Ortiz)

California Court of Appeal · Jul 28, 2022

Superior Court (Zamudio) (2000) 23 Cal.4th 183, 199 (Zamudio) [“We do not presume that the Legislature intends, when it enacts a statute, to overthrow long- established principles of law unless such intention is clearly … “The rules we must apply when faced with two irreconcilable statutes are well established.

Home Depot, U.S.A., Inc. v. Contractors' State License Board

41 Cal. App. 4th 1592 · California Court of Appeal · Jan 26, 1996

found in the construction business, and may limit the field and scope of the operations of a licensed contractor to those in which he or she is classified and qualified to engage, as defined by Sections 7055, 7056, 7057 … Toward this end, we reiterate certain well-established rules of statutory interpretation.

People v. Neal CA5

California Court of Appeal · Sep 24, 2021

leading to his convictions as follows: “On June 6, 1982, [petitioner] and others [including two men (Aleo and Ford), charged and convicted in a separate trial, and Sharon Poma (who was given immunity … Second, to amend the felony-murder rule, the bill added section 189, subdivision (e): “A participant in the perpetration or attempted perpetration of [qualifying felonies] in which a death occurs is liable

Madera Community Hospital v. County of Madera

155 Cal. App. 3d 136 · California Court of Appeal · May 1, 1984

The duty of a county to provide hospital and medical services to all indigent county residents is clearly established. (City of Lomita v. County of Los Angeles (1983) 148 Cal.App.3d 671, 673 [ 196 Cal.Rptr. 221 ].) … injury or illness, at any health facility licensed under this chapter that maintains and operates an emergency department to provide emergency services to the public when such health facility has appropriate facilities and qualified

In re A.H. CA5

California Court of Appeal · Apr 9, 2026

And, the term “ ‘ “dangerous or deadly weapon” ’ ” has “a plain, commonsense[, and clearly established] meaning: it prohibit[s] possession of items specifically designed as weapons, and other items not specifically designed … Given this clearly established and commonsense meaning of the term “dangerous or deadly weapon,” the challenged probation condition does not “encapsulate those everyday household items that could be used as a weapon against

Freitas v. Loberg

100 Cal. App. 3d 882 · California Court of Appeal · Jan 9, 1980

The director claims that the statutory scheme of conservatorship and guardianship for developmentally disabled persons as contained in section 416 et seq. of the Health and Safety Code clearly requires reversal. … The preferences established in Section 1753 of the Probate Code for appointment of a conservator shall not apply.