Case law

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

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

Montessori Schoolhouse of Orange County, Inc. v. Department of Social Services

120 Cal. App. 3d 248 · California Court of Appeal · Jun 10, 1981

It is a well established rule of statutory construction that a “‘remedial statute must be liberally construed, so as to effectuate its object and purpose. … an act will be construed, when its meaning is doubtful, so as to suppress the mischief at which it is directed, and to advance or extend the remedy provided, and bring within the scope of the law every case which comes clearly

Cummings v. California State Teachers' Retirement Board

241 Cal. App. 2d 149 · California Court of Appeal · Mar 28, 1966

Computation of service was, and is, important for the purpose of determining whether the employee qualifies for retirement, 5 and for the purpose of computing the amount of contributions to be required of 6 and benefits to … rule that the administrative construction of a statute by those charged with its interpretation and enforcement is entitled to great weight, and courts will generally not depart from such an interpretation unless it is clearly

In Re Black

124 Cal. Rptr. 2d 835 · California Court of Appeal · Dec 18, 2002

Determinate Sentencing Act] serve the entire sentence imposed by the court, except for a reduction in the time served in the custody of the Director of Corrections for performance in work, training or education programs established … Rather, it maintains that "the 15 [percent] credit limitation should apply at a minimum to all offenses sentenced consecutively to or concurrently with a qualifying violent felony.

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.

CNA Ins. Co. v. Workers' Comp. Appeals Bd.

58 Cal. App. 4th 211 · California Court of Appeal · Oct 7, 1997

It is well established that there may be concurrent jurisdiction on [LHWCA] and the [state] workers’ compensation system. … For purposes of discussion, we shall assume, but not decide, that Baker did qualify as a seaman under the Jones Act.

People v. Dunnahoo

152 Cal. App. 3d 561 · California Court of Appeal · Feb 29, 1984

The instructions permitted the jury to convict the defendant if any one of the acts were established beyond a reasonable doubt. … Rules of Court, rule 414(d)(9)), and clearly, based on this record, no abuse of discretion was committed in the denial of probation.

Housing Authority of City of Los Angeles v. Workers'comp. Appeals Bd.

60 Cal. App. 4th 1076 · California Court of Appeal · Jan 14, 1998

An opinion and order of the Appeals Board qualifies as such an administrative determination. (Unruh v. Truck Insurance Exchange (1972) 7 Cal.3d 616, 633 [ 102 Cal.Rptr. 815 , 498 P.2d 1063 ]; Rymer v. … Housing Authority, thereby establishing privity under the third prong of the collateral estoppel test. We suspect that, by drawing a distinction between a police chief and a police officer, the L.A.

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.

Hamilton v. Gourley

126 Cal. Rptr. 2d 652 · California Court of Appeal · Oct 31, 2002

The DMV takes the position that, when all pertinent statutes are read together and reasonably, Hamilton’s conviction for driving with .08 percent BAG or more should qualify as a conviction under section 15300, because the … This section is not interchangeable with DUI, nor does it establish a conclusive presumption that a defendant was driving under the influence of alcohol. (People v.

People v. Ibanez

90 Cal. Rptr. 2d 536 · California Court of Appeal · Nov 29, 1999

Here, there is clearly no new evidence, and the only contention is the legal contention of whether the law requires defendant to be advised of potential civil commitment proceedings under the SVPA. … Indeed, as the People argue, defendant may not even qualify as a sexually violent predator under the SVPA. [15] Although defendant, by virtue of his plea and admissions, may be automatically referred for an initial screening

People v. Trujillo

154 Cal. App. 3d 1077 · California Court of Appeal · Apr 25, 1984

Viewed in the light most favorable to the judgment, as required by the usual rule governing appellate review, the evidence herein established that on August 28, 1981, Paul Sanchez was managing a hotel in Huntington Beach. … I understand you qualify for the services of the public defender, and Rita Harris is available. You have requested that I appoint some specific private lawyers.

Katayama v. Continental Investment Group CA4/3

California Court of Appeal · Oct 9, 2024

. [¶] (b) Each answer shall: [¶] (1) Admit so much of the matter involved in the request as is true, either as expressed in the request itself or as reasonably 8 and clearly qualified … If an objection is based on a claim of privilege, the particular privilege invoked shall be clearly stated.

Peirce v. Peirce

243 Cal. App. 2d 330 · California Court of Appeal · Jul 6, 1966

‘It would be better practice to have that determination clearly and concisely made by the trial court when it renders the decree of divorce. Considerable confusion and uncertainty could be avoided in that fashion. … At that time she held and still holds a certificate which qualifies her to teach in the elementary schools. She stopped teaching school in 1929, the year in which she was married.

Pellegrino v. Robert Half Internat., Inc.

182 Cal. App. 4th 87 · California Court of Appeal · Feb 25, 2010

But a law established for a public reason cannot be contravened by a private agreement." … Substantial Evidence Supported the Implied Finding Plaintiffs Did Not Qualify for the Administrative Exemption Under IWC Wage Order No. 4-2001.

People v. Mehserle

206 Cal. App. 4th 1125 · California Court of Appeal · Jun 8, 2012

[and] qualifies as a ‘wanton and abandoned disregard of human life.’ ” (Fagotto v. … First, we note the well-established law.

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.)

People v. Petruzo

13 Cal. App. 569 · California Court of Appeal · Jun 13, 1910

It is clearly hearsay, as the witness necessarily testifies to what the interpreter declares that the other party said. (People v. Ah Yute, 56 Cal. 119 ; People v. John, 137 *575 Cal. 220, [ 69 Pac. 1063 ].) … It is true that “the facts, circumstances or declarations which grow out of the principal fact in question which are contemporaneous with it and serve to illustrate, qualify or explain it constitute the res gestae (Gillam

Desai v. Choudhury CA2/2

California Court of Appeal · Oct 14, 2015

The claim, therefore, clearly arises from 4 Under the statute, an act in furtherance of the right of petition or free speech includes: “(1) any written or oral statement or writing made before a legislative, executive … In opposing the Group 1 plaintiffs’ anti-SLAPP motion, Desai established that the FACC had at least minimal merit.