Case law

Arellano v. Moreno

33 Cal. App. 3d 877 · California Court of Appeal · Aug 7, 1973

The commission’s comment to subdivision (b) of section 801 indicates clearly that the subdivision represents a codification of decisional law. … Apparently plaintiff wished to establish by the officer’s presumed negative answer *887 to the question that the comparatively slight impact between the two vehicles could not have moved the Comet from defendant’s side of

Great Oaks Water Co. v. Santa Clara Valley Water District

170 Cal. App. 4th 956 · California Court of Appeal · Jan 28, 2009

“[Cjourts should afford great weight to the Guidelines except when a provision is clearly unauthorized or erroneous under CEQA.” (Laurel Heights Improvement Assn. v. … This manner of establishing abuse of discretion is not used in traditional mandamus proceedings.

People v. Sotelo

18 Cal. App. 3d 9 · California Court of Appeal · Jun 9, 1971

The search was clearly incident to Esther's arrest, hence was "not unreasonable" within the meaning of the Fourth Amendment if the arrest was lawful. [1] ( People v. Lara, 67 Cal.2d 365, 373 [ 62 Cal. … the commission of the crime charged and to establish beyond a reasonable doubt *20 that he committed it. ( People v.

People v. Underwood CA2/1

California Court of Appeal · Feb 8, 2016

In Johnson, the Supreme Court held that defendants are eligible for resentencing on any qualifying counts, even if they are ineligible for resentencing on unqualified counts. (At pp. 687–688.) … Underwood argues that even if the record of conviction could allow a fact finder to determine he was “armed” while committing the offense, the record does not clearly establish the jury actually determined he was armed.

Ivanoff v. Bank of America, N.A.

9 Cal. App. 5th 719 · California Court of Appeal · Mar 13, 2017

Although a general demurrer does not ordinarily reach affirmative defenses, it “will lie where the complaint „has included allegations that clearly disclose some defense or bar to recovery.‟” (Casterson v. … To satisfy Proposition 64 a plaintiff “must now establish a loss or deprivation of money or property sufficient to qualify as injury in fact, i.e., economic injury, and (2) show that that economic injury was the result of

Bracewell v. State Dept. of Public Health CA3

California Court of Appeal · Feb 6, 2024

. § 1771 et seq.), which established the WIC program. (42 U.S.C. § 1786.) … The document purportedly shows that the audit was not properly performed and the Bracewells did not qualify for a three-year disqualification.

ELSENBERG v. Alameda Newspapers, Inc.

88 Cal. Rptr. 2d 802 · California Court of Appeal · Sep 20, 1999

The bare possibility that the proceeding might be instituted is not to be used as a cloak to provide immunity for defamation when the possibility is not seriously considered.” … Clearly, and as a matter of law, Eisenberg cannot establish that the statement in Hunt’s article that previous reporting had been “inaccurate” was provably false.

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

People v. Morgan

87 Cal. App. 3d 59 · California Court of Appeal · Dec 6, 1978

Thus, “[«]oi every statement made by a party qualifies for admissibility against the party under the hearsay exception for a party’s admission. … These statements are clearly inconsistent with Elizabeth’s testimony denying that she had seen defendant at all on the day of March 1.

People v. Sandoval CA2/8

California Court of Appeal · Nov 25, 2024

Erick Moran, an accomplice who testified pursuant to an immunity agreement, said that in July 2003, he was dating Liliana, the sister of Aguas. … The People conceded that defendant’s three 1-year prison priors should be stricken because they were not qualifying sexual offenses, but otherwise opposed any other change to defendant’s sentence.

Habitat & Watershed Caretakers v. City of Santa Cruz

213 Cal. App. 4th 1277 · California Court of Appeal · Feb 19, 2013

“Seeps, springs and depressional wetlands that may qualify as jurisdictional wetlands occur in the North Campus area, usually in small patches (less than 500 square feet). … “CEQA establishes no categorical legal imperative as to the scope of alternatives to be analyzed in an EIR.

Western Pipe & Steel Co. v. Tuolumne Gold Dredging Corp.

63 Cal. App. 2d 21 · California Court of Appeal · Feb 24, 1944

During the course of the trial the claims of these lien holders, and the unsecured claim of Moore Machinery Company, which is not involved in the appeal, were established without any material contest, but the main issues … The discussion related entirely to the plea of the affirmative matters in appellant’s cross-complaint, and the use of the word “our” was clearly a slip of the tongue requiring no further comment.

In Re Marriage of Powers

218 Cal. App. 3d 626 · California Court of Appeal · Mar 6, 1990

This is evident from the reference in the uncodified section of section 4800.8 to the two judicial decisions that had established both aspects of the rule, Waite v. Waite, supra, 6 Cal.3d 461 , and Benson v. … Clearly, the equitable dissolution of community property qualifies as a matter of statewide concern. *646 The order is affirmed. Respondent to have its costs. Respondent’s request for sanctions is denied.

Blake v. Aetna Life Insurance

99 Cal. App. 3d 901 · California Court of Appeal · Nov 26, 1979

The evidence clearly indicates that in pursuit of this investigation Aetna made numerous attempts to obtain information and cooperation from plaintiff and plaintiffs attorney, all to no avail. … In addition to establishing that Aetna’s handling of the claim here was reasonable as a humane matter, the facts also establish as a matter of law that Aetna acted reasonably in withholding payment on the claim.

Henderson v. Drake

118 Cal. App. 2d 777 · California Court of Appeal · Jun 30, 1953

The Mexican consul, a lawyer who qualified as an expert on Mexican law, testified for respondent to the effect that the above document was a sight draft of a type frequently used in Mexico, and which, once accepted, became … This contention is clearly without merit. Appel *788 lant herself testified as to some legal services rendered by Henderson. That evidence alone proved consideration.

People v. Wilson

California Court of Appeal · Nov 20, 2019

Like the defendant in Weeks, Wilson clearly expressed he would rather represent himself than continue being represented by his counsel. … The general rule may be that pleas, even negotiated ones, are not immune from changes in the law.

Laulifou Aaitui v. Grande Properties

29 Cal. App. 4th 1369 · California Court of Appeal · Oct 28, 1994

Discussion I Plaintiff claims the city failed to establish that this was not a public pool. … Ratification of a subordinate’s, actions can qualify as policy and subject the municipality to liability. In DeShaney v. Winnebago Cty. Soc. Servs.

People v. Aragon

154 Cal. App. 2d 646 · California Court of Appeal · Oct 23, 1957

For all we know, he may have been a charlatan or a blundering incompetent, or a fully qualified expert. … In either situation, where the case is closely balanced and guilt has not been so clearly established as to render it improbable that the harmful effect of the misconduct may have turned the scales against the accused, such

People v. Hubbart

106 Cal. Rptr. 2d 490 · California Court of Appeal · May 8, 2001

In contrast, a commitment under the MDO law is contingent upon the fact that the person is serving a prison term for the qualifying offense or offenses. (Pen. … Defendant admitted committing each offense, and the jury was clearly instructed that it was to determine beyond a reasonable doubt whether defendant fit the criteria for commitment under the SVPÁ, not whether defendant committed

Spencer v. Harmon Enterprises, Inc.

234 Cal. App. 2d 614 · California Court of Appeal · May 24, 1965

Powell succeeded in obtaining an order appointing himself as administrator and he qualified as such on January 19, 1956. On March 22, 1956, Diana Randolph wrote to Mrs. … That damage resulted from what they did is also clearly established.