Case law

Banning Ranch Conservancy v. Superior Court

193 Cal. App. 4th 903 · California Court of Appeal · Mar 22, 2011

These clearly stated qualifiers in the 2005 agreements belie the City’s contention that the agreements created an ongoing, open-ended attorney-client relationship. … There is no need to “terminate” the 2005 agreements because the framework they establish is not self-effectuating.

People v. Buchanan

248 Cal. App. 4th 603 · California Court of Appeal · Jun 27, 2016

And he‘s clearly unavailable, [and the] statement is clearly against his penal interests.‖ Based on the assertion of unavailability, the defense sought to introduce a statement purportedly executed by Cox on September 20, … Defendant cannot rely on evidence introduced after the trial court ruled on his motion to establish error in ruling on the motion.

Southern Pacific Co. v. McColgan

68 Cal. App. 2d 48 · California Court of Appeal · Feb 16, 1945

Rio Bravo Oil Company, a Texas corporation, of which plaintiff owns all the stock, except five qualifying shares. … Southern Pacific Building Company, a Texas corporation, of which plaintiff owns all the stock except five qualifying shares.

Div. of Occupational Saf. & Health v. Uber Technologies, Inc.

California Court of Appeal · Jun 18, 2026

Alorica Inc. (2022) 77 Cal.App.5th 60, 66 [Attorney General had authority to subpoena records to determine if corporate entity qualified as a debt collector under the Rosenthal Act].) … Had the Legislature intended to impose a time limit on OSHA’s investigatory powers or enforcement authority, it would have said so clearly and explicitly.

Pacific-Southern Mortgage Trust Co. v. Insurance Co.

166 Cal. App. 3d 703 · California Court of Appeal · Apr 10, 1985

Upon the default, it was established there would be no repayment of the loan. … No further investigation was necessary to establish the claim was covered since Davis was clearly covered under the director/trustee rider attached to the bond, and further, the notice was timely (provided not long after

Calhome v. Mun CA2/8

California Court of Appeal · Oct 30, 2013

Feldman further argued such acts were immune from derivative actions based on the litigation privilege. … An act in furtherance of the constitutional right to petition within the meaning of the statute includes “qualifying acts committed by attorneys in representing clients.” (Rusheen v.

People v. Collins CA4/1

California Court of Appeal · Feb 25, 2021

The defendant contended he should have been granted immunity for his testimony with respect to the second killing because, without such immunity, he could not testify without risking self- 4 Collins argues that the … evidence of flight does not necessarily establish that he left the jurisdiction because he believed he was guilty.

Johnson Controls, Inc. v. Fair Employment & Housing Commission

218 Cal. App. 3d 517 · California Court of Appeal · Feb 28, 1990

Thus, the Commission clearly stated that the BFOQ defense was not factually available to the Company. … “If the employer establishes that protecting others from the particular hazard is part of its normal business operations, it must then establish that its exclusionary policy is reasonably necessary to further that interest

People v. Hansen

10 Cal. App. 4th 1065 · California Court of Appeal · Oct 30, 1992

David Schmidt, a reconstructionist with the Traffic Safety Research Corporation, was qualified as an expert in the area of accident reconstruction. … It is established that “the unlawful omission element of [Veh.

People v. Matute

127 Cal. Rptr. 2d 472 · California Court of Appeal · Dec 5, 2002

Accordingly, any constitutional principles or evidentiary standards we develop should attempt to assure that the resident child molester is not immunized from substantial criminal liability merely because he has repeatedly … Thus, the number of counts brought against appellant and the time frame at issue were clearly explained to the jury, and the prosecutor pointed to the evidence which amply supported the number of counts.

People v. Eckard

195 Cal. App. 4th 1241 · California Court of Appeal · May 25, 2011

. *1247 As section 668 and many other statutes demonstrate, the Legislature clearly knows how to write a statute that permits convictions from other jurisdictions to be used as the basis for registration requirements, enhancements … Then in 1931, the Legislature amended section 666 by adding “ ‘or petit theft,’ ” so that it described the qualifying prior convictions as “ ‘petit larceny or petit theft.’ ” {Perry, at p. 205.)

Yribarne v. County of San Bernardino

218 Cal. App. 2d 369 · California Court of Appeal · Jul 17, 1963

establish the contention that the essential purpose of the act is to form a qwasi-municipal corporation which may acquire and operate public utilities and pay for their operation from rates to be paid by those enjoying the … It provided that “. . . upon receiving a written petition therefor containing a description of the new territory asked to be annexed to such corporation,” and signed by not less than one-fifth of the qualified electors of

Marlow v. Wene

240 Cal. App. 2d 670 · California Court of Appeal · Mar 10, 1966

Halvey, 330 U.S. 610 [ 67 S.Ct. 903 , 91 L.Ed.1133], it was held that where the custody decree of a state is modifiable under that state’s law, a sister state has as much leeway to disregard the decree, to qualify it, or … Perhaps the findings would be sufficient in a case in which it would clearly appear without doubt that a party had deliberately violated the decree of another state.

Galvan v. Dameron Hospital Assn.

California Court of Appeal · Jul 17, 2019

would be subjected to the same type of harassment and intimidation she was subjected to in the months before she went out on stress leave if she returned to the medical-surgical department, and she did not feel that she was qualified … “The FEHA is a statute which clearly states a public policy against discrimination on the basis of age [and national origin] in employment.” (Jennings v. Marralle (1994) 8 Cal.4th 121, 130.)

People v. Pestoni CA3

California Court of Appeal · Nov 18, 2021

Defendant admitted he had previously been convicted of robbery in 1995, which qualified as a strike under the three strikes law. … First, ‘ “[t]he burden is on the party attacking the sentence to clearly show that the sentencing decision was irrational or arbitrary. [Citation.]

Higgins v. Washburn

11 Cal. App. 735 · California Court of Appeal · Nov 13, 1909

entitled has been distributed as required by law; Henrietta and Charles Higgins, mentioned in said will, are minors and children of the said Jeanie, hut their age does not appear, and she has been appointed and is the duly qualified … For myself I can see no way, if the estate is to be distributed to these children, except to establish by the decree some sort of a substituted trust for that created by the testator, and how can these minors act as trustees

Tully v. World Savings & Loan Ass'n

56 Cal. App. 4th 654 · California Court of Appeal · Jul 21, 1997

The moving party bears the burden of furnishing supporting documents that establish that the claims of the adverse party are entirely without merit on any legal theory. [Citation.] … What is missing is any foundation to qualify her as a percipient witness to any discussion between Mr. Tully and any representative of World. But even if she was competent to testify as to what was agreed to between Mr.

Westlands Water Dist. v. North Coast Rivers Alliance CA5

California Court of Appeal · Aug 5, 2024

The declaration was not evidence of an inability to retain, or the impracticability of retaining, qualified local counsel. It did not even establish that NCRA ever attempted to contact any Fresno attorneys. … Due to the vague billing entries, the time spent on research was not clearly justified.

W. W. Dean & Associates v. City of South San Francisco

190 Cal. App. 3d 1368 · California Court of Appeal · Apr 7, 1987

The Coastal Act does not provide blanket immunity from the voters’ referendum power.” (Ibid.) … The HCP and the HCP Agreement establish land uses in certain areas, and the boundaries dividing those areas are clearly defined.

People v. Sanchez

221 Cal. App. 4th 1012 · California Court of Appeal · Nov 27, 2013

Both Laura and Martha testified at trial under a grant of immunity. *1016 On the morning of April 22, 2008, Martha received a call from the wife of Walter Quevedo, a friend of Garcia’s, asking about Garcia’s whereabouts. … In deciding whether a consequence is natural and probable, consider all of the circumstances established by the evidence.