Case law

Rangel v. Badolato

133 Cal. App. 2d 254 · California Court of Appeal · May 25, 1955

While neither courts nor lawyers have uniformly observed this distinction in terminology, it is a substantial one and well established in our law.” (Emphasis added.) (See also Barry v. … It may be plainly seen from the above that the court very clearly told the jury that even though they found appellant to have been walking on the right-hand side of the “roadway” in violation of the statute this was of no

Pizarro v. Reynoso

10 Cal. App. 5th 172 · California Court of Appeal · Mar 28, 2017

Failure to provide proper headings forfeits issues that may be discussed in the brief but are not clearly identified by a heading. … The uncontested facts, both as stipulated and found, establish that [Pizarro] did not commence and conduct litigation (i) that was unfounded and frivolous, or (ii) in bad faith. “4.

McLaughlin v. Superior Court

140 Cal. App. 3d 473 · California Court of Appeal · Mar 1, 1983

Civil Code section 4607, subdivision (a), clearly requires prehearing mediation of child custody and visitation disputes in marital dissolution proceedings. (See fn. 1, ante.) … Our conclusions also establish that petitioner is entitled to extraordinary relief from the enforcement of respondent court’s policy.

Dyer v. International Brotherhood of Teamsters

124 Cal. App. 2d 778 · California Court of Appeal · Apr 27, 1954

make application for membership in the Union within ten (10) days from the date of his employment, and must complete his application within thirty one (31) days from date of employment, and if found by the Union to be a qualified … Registered Pharmacists Union, 16 Cal.2d 379, 382 [ 106 P.2d 403 ] : “It is established in this state that peaceful picketing is a lawful form of concerted action by the members of a labor union (Lisse v.

People v. Talamantez

169 Cal. App. 3d 443 · California Court of Appeal · Jun 19, 1985

The autopsy established numerous external injuries to the victim’s eyes, neck, forehead and ribs. … The instruction clearly stated murder which is perpetrated by torture is murder of the first degree.

People Ex Rel. Department of Public Works v. Hunt

2 Cal. App. 3d 158 · California Court of Appeal · Nov 28, 1969

But, in relaxing the rule, it should be done only where the surprise is clearly established, and the consequences of it can be avoided on another trial; and it must also be apparent that the party has not been guilty of laches … They were entitled to call the condemnor’s staff appraiser, or any other qualified witness, to probe his subjective knowledge as to the fair market value of the property he had appraised. (People ex rel.

Carlisle v. Fawcett Publications, Inc.

201 Cal. App. 2d 733 · California Court of Appeal · Mar 23, 1962

“A publication may clearly be defamatory as to somebody, and yet on its face make no reference to the individual plaintiff. … If it be objected that the mere relationship with some public figure should not subject a person to a qualified loss of his privacy, the identical observation could be made logically as to the man held up on the street, the

People v. Reeves

109 Cal. Rptr. 2d 728 · California Court of Appeal · Aug 28, 2001

“the reliability of the method must be established, usually by expert testimony.” … Clearly, appellant’s demand for sexual gratification “induced” or “brought about” or “occasioned” the masturbation.

Vertex Investment Co. v. Schwabacher

57 Cal. App. 2d 406 · California Court of Appeal · Mar 1, 1943

Schwabacher establish or cause to be established on behalf of plaintiff corporation any bank account or depositary for its funds, and said plaintiff corporation at no time during the lifetime of said Louis A. … The means of knowledge which was clearly available to plaintiff and the stockholders thereof is equivalent to knowledge. (Consolidated R. & P. Co. v. Scarborough, supra; Bainbridge v.

JPI Westcoast Construction, L.P. v. RJS & Associates, Inc.

68 Cal. Rptr. 3d 91 · California Court of Appeal · Oct 26, 2007

For purposes of summary judgment, JPI and RJS stipulated that JPI qualifies as an additional insured under the Great American policy. … Additionally, “Rossmoor did not purport to establish a general rule that a contractual indemnification agreement between an insured and a third party takes precedence over well-established general rules of primary and excess

Schneider v. California Coastal Commission

44 Cal. Rptr. 3d 867 · California Court of Appeal · Jun 28, 2006

The Coastal Commission was established to review these LCP’s and certify the LCP’s meet the requirements of the Act.” (Conway v. City of Imperial Beach (1997) 52 Cal.App.4th 78, 86 .) … Douglas stated that “the Commission, clearly, has original permit jurisdiction in state waters, out the three miles.

Edwards Wildman Palmer LLP v. Superior Court

231 Cal. App. 4th 1214 · California Court of Appeal · Nov 25, 2014

If Shelton, or the Firm itself, consulted Swope, Christman, or Durbin for the purpose of obtaining legal advice regarding their ethical duties or the threatened malpractice claim, they would qualify as “clients.” (§ 951.) … But that has no bearing on the interpretation or application of a rule of evidence that clearly applies”]; Garvy v. Seyfarth Shaw LLP (Ill. App. 2012) 359 Ill.

Grassilli v. Barr

48 Cal. Rptr. 3d 715 · California Court of Appeal · Sep 13, 2006

This instruction was qualified by an additional instruction applicable to the two instances when a prosecutor was involved in the decision to bring charges against Grassilli (the Pen. … Clearly, defendants’ conduct was highly reprehensible. However, it was not sufficiently blameworthy to warrant such high awards.

Jack v. Ring LLC

California Court of Appeal · May 25, 2023

content, any relationship between us and/or any recording on the services and/or products shall be resolved only by final and binding, bilateral arbitration” except that (1) “you” [i.e., customers] may bring claims that qualify … Citing Civil Code section 3513 (which provides, in part, “a law established for a public reason cannot be contravened by a private agreement”), our high court reasoned that “the waiver in a predispute arbitration agreement

Crocker v. Crocker

84 Cal. App. 114 · California Court of Appeal · Jun 22, 1927

The section clearly does not cover the whole subject of transfer. Corporate stock would be transferable without such provision as that contained in this particular code section. (Civ. … Our conclusion, as the above discussion indicates, is that the findings stand immune from just attack and that they, in turn, support the conclusions of law.

Faigin v. Signature Group Holdings, Inc.

79 A.L.R. Fed. 2d 679 · California Court of Appeal · Nov 6, 2012

FRC Failed to Establish as a Matter of Law That the Cease and Desist Order Precluded the Existence of an Implied Contract with FRC or That It Established the Existence of Good Cause FRC contends any implied-in-fact employment … FRC argues that Faigin’s departure from FRC was a necessary result of the cease and desist order, which required FRC to have and retain only qualified management personnel.

Michelson v. Camp

72 Cal. App. 4th 955 · California Court of Appeal · Jun 7, 1999

A foreclosure sale establishes the actual value of the security. . . . … The full credit bid rule was not intended to immunize wrongdoers from the consequences of their fraudulent acts.” ( 10 Cal.4th at p. 1246 , fn. omitted.)

People v. Ruff

California Court of Appeal · Feb 10, 2016

Regardless of when, during the course of the altercation, that statement was made, it and the video establish defendant’s intent from the outset was to steal a pack of cigarettes, and thus the intent to steal motivated defendant … A person who refuses to reform even after serving time in prison is clearly and significantly more dangerous than someone who merely possesses drugs for personal use or shoplifts.

People v. Pulou CA1/5

California Court of Appeal · May 6, 2021

It is well-established that “[t]he opinion of an owner of personal property is in itself competent evidence of the value of that property, and sufficient to support a judgment based on that value.” (Schroeder v. … Alberto was clearly familiar with the condition of the car, since he had purchased it a year and eight months prior, drove the car regularly to make his living, and was responsible for maintaining it. (See Holt v.

Reddell v. California Coastal Commission

180 Cal. App. 4th 956 · California Court of Appeal · Dec 29, 2009

Applicant suggests that establishing secondary uses is as simple as determining that all uses will be located on the second floor. … Such boards are vested with a high discretion and its abuse must appear very clearly before the courts will interfere.’ ”].)