Case law

People v. Wozniak

235 Cal. App. 2d 243 · California Court of Appeal · Jun 23, 1965

He was then asked if any promises of reward or immunity were made to defendant. The officer stated “We attempted to have him admit where he hid the suit. ... … Watson, supra, indicate so clearly defendant’s guilt of the crime charged that the absence of the statements made after defendant was taken to the victims’ room could not possibly have changed the result. 3.

Akinshin v. Bank of America CA1/2

California Court of Appeal · Jul 29, 2014

In each case, the representation is clearly stated along with why the Akinshins believe it to be a misrepresentation; the identities of the speakers are provided, along with their roles as employees of BANA; the person to … “The party claiming [promissory] estoppel must specifically plead all facts relied on to establish its elements.” (Smith v.

People v. Anthony P.

167 Cal. App. 3d 502 · California Court of Appeal · Apr 29, 1985

Evidence Code, § 780, italics added. 2 Proof of a witness’ bias or prejudice against the specific individual who is a party in the litigation is clearly admissible. … This refusal, as in Davis , deprived appellant Anthony P. of his “right of effective cross-examination” and qualifies as a “constitutional error of the first magnitude.”

North Gualala Water Co. v. State Water Resources Control Board

43 Cal. Rptr. 3d 821 · California Court of Appeal · May 31, 2006

By established Board procedure, the permitting team was separated by an ethical wall from the “hearing team” that assisted the hearing officer and Board members in the hearing. … NGWC argues that the second element of the test, as so modified, has not been established.

Kohler Co. v. Superior Court

California Court of Appeal · Nov 14, 2018

Chapter 1 establishes definitions applicable to the entire title. (§ 895.) Chapter 2 defines standards for building construction. (§§ 896-897.) … fit and finish of certain “building components,” sets forth a list of those components, which includes items that might be “manufactured products” as defined in section 896, subdivision (g)(3)(C), as well as items that clearly

People v. Shojaei CA4/3

California Court of Appeal · Aug 29, 2024

Defense counsel objected on the basis Morris was not qualified to render an opinion on that topic. … An abuse of discretion will only be found if the evidence shows the witness clearly lacked qualification as an expert. (People v. Farnam (2002) 28 Cal.4th 107, 162.)

Baxter v. Bock

California Court of Appeal · May 24, 2016

In the context of judicial recusal, ‘[p]otential bias and prejudice must clearly be established by an objective standard.’ [Citations.] ‘Judges, like all human beings, have widely varying experiences and backgrounds. … It is well- established that the principles of due process do not extend to private arbitration.

Adoption of J.D. CA3

California Court of Appeal · Jun 7, 2021

his remedies until that fact was established to his satisfaction. … DISCUSSION Appellant concedes that evidence supports the court’s finding that he does not qualify as a presumed father under Kelsey S.

State of California v. Workers' Comp. Appeals Bd.

44 Cal. App. 4th 128 · California Court of Appeal · Apr 3, 1996

Appeals Bd. (1993) 6 Cal.4th 1028 , 1037 et seq. 11 [ 25 Cal.Rptr.2d 539 , 863 P.2d 784 ], pursuant to the Legislature’s constitutional authority to establish a system of workers’ compensation (Cal. Const., art. … Conclusion We are persuaded the Board’s interpretation of its authority to award the penalty in this case is not clearly erroneous and, in fact, is correct.

Koi Nation of Northern Cal. v. City of Clearlake CA1/2

California Court of Appeal · Mar 30, 2026

“Closely spaced trench probes established well-defined site limits” encompassing about 3,000 square yards (about 0.62 acres). … For those propositions, the City cited decisions establishing such an analytic framework for the analogous CEQA category of historical resources. (Valley Advocates v.

Baker v. City of Palo Alto

190 Cal. App. 2d 744 · California Court of Appeal · Apr 3, 1961

in part: “No . . . city . . . shall incur any indebtedness or liability in any manner or for any purpose exceeding in any year the income and revenue provided for such year, *749 without the assent of two-thirds of the qualified … The contract provided for no forfeiture of any money invested, and it clearly provided that the City would have a right to remove any improvements placed on any portions of the tract that were under lease in the event that

San Diego Gas & Electric Co. v. San Diego County Air Pollution Control District

203 Cal. App. 3d 1132 · California Court of Appeal · Aug 17, 1988

Thus, regardless of whether under the 1979 statute the district had authority to base fees on emissions, the 1982 amendment clearly contemplated such authority. … The district board may establish a reasonable annual charge for sending the notices based on the estimated cost of providing that service.

Alameda County Taxpayers' Assn., Inc. v. City of Oakland

California Court of Appeal · Mar 9, 2026

In addressing the parties’ arguments on these points, we bear in mind that an initiative measure “must be upheld unless [its] unconstitutionality clearly, positively, and unmistakably appears.” (Legislature v. … “The presence of such a clause establishes a presumption in favor of severance.” (California Redevelopment Assn. v. Matosantos (2011) 53 Cal.4th 231, 270.)

People v. Fuller

136 Cal. App. 3d 403 · California Court of Appeal · Oct 8, 1982

However, in finally denying defendant's mistrial motion, the court clearly found that a prima facie case had not been established. … Rptr. 454 , 590 P.2d 30 ], my esteemed colleagues have, I believe, given those authorities a meaning clearly unintended by their authors.

People Ex Rel. Renne v. Servantes

103 Cal. Rptr. 2d 870 · California Court of Appeal · Feb 1, 2001

The permit scheme of the San Francisco Police Code serves to ensure that only qualified persons undertake nonconsensual tows. … (k)). 4 Likewise, the Legislature has delegated to local authorities the power to establish procedures and set costs for the release of vehicles removed by police officers. (Veh.

Lighthouse Field Beach Rescue v. City of Santa Cruz

31 Cal. Rptr. 3d 901 · California Court of Appeal · Aug 10, 2005

deciding whether to prepare an EIR or negative declaration,” “[e]nabl[ing] an applicant or lead agency to modify a project, mitigating adverse impacts before an EIR is prepared, thereby enabling the project to qualify for … agency has identified a significant effect, a primary purpose of an initial study is to enable the lead agency “to modify a project, mitigating adverse impacts before an EIR is prepared, thereby enabling the project to qualify

In Re Rosenkrantz

116 Cal. Rptr. 2d 69 · California Court of Appeal · May 1, 2002

Just as the "Board's discretion over parole suitability decisions is neither unlimited nor immune from judicial review" ( In re Ramirez, supra, 94 Cal.App.4th at p. 560 , 114 Cal.Rptr.2d 381 ), so too is the Governor's discretion … If such statements were sufficient grounds for disqualification, no elected official would be qualified to perform the duties of office.

Alameda County Social Services Agency v. T.B.

215 Cal. App. 4th 1 · California Court of Appeal · Mar 6, 2013

A parent whose conduct has already and on numerous occasions been found to grievously endanger his or her child is no longer in the same position as a parent whose neglect or abuse has not so clearly been established. … After establishing his paternity, he qualified as A.S.’s presumed father and P.S.’s biological father. (A.S., at pp. 354–355.)

Reed v. Mutual Service Corp.

131 Cal. Rptr. 2d 524 · California Court of Appeal · Feb 21, 2003

The NASD’s arbitration process clearly anticipates that dispositive issues may arise in advance of the arbitration hearing itself which will require the arbitrators’ attention. … The party claiming bias bears the burden of establishing facts supporting its position. (See Betz v. Pankow *1371 (1993) 16 Cal.App.4th 919, 926 [ 20 Cal.Rptr.2d 834 ].)

Deltakeeper v. Oakdale Irrigation District

115 Cal. Rptr. 2d 244 · California Court of Appeal · Dec 26, 2001

The redevelopment agency sought dismissal *1102 of the Attorney General’s complaint on the ground the tribe was an indispensable party not amenable to suit because of sovereign immunity. … Moreover, the rights asserted in this litigation are independent of the contractual rights to water established in the Agreement.