Case law

Los Altos El Granada Investors v. City of Capitola

43 Cal. Rptr. 3d 434 · California Court of Appeal · May 17, 2006

The burden is on the appellant to prove the board’s decision is neither reasonable nor lawful.” (Carson Harbor Village, Ltd. v. … Escondido Mobilehome Rent Review Bd. (1998) 64 Cal.App.4th 1159 [ 75 Cal.Rptr.2d 746 ]; and Quinn v. Rent Control Board of Peabody (1998) 45 Mass.App.Ct. 357 [ 698 N.E.2d 911 ].

Barry v. County of Glenn

42 Cal. App. 2d 76 · California Court of Appeal · Dec 19, 1940

It would not have provided the Purchasing Agent be employed from month to month, but rather it would have appointed him, to hold office at the pleasure of the board. In Couts v. County of San Diego, 139 Cal. … In support of the demand of respondent that he, having been employed from month to month, was entitled to pay for the whole month of December, the ease of Ross v. Board of Education, 18 Cal.

RLH Industries, Inc. v. SBC Communications, Inc.

35 Cal. Rptr. 3d 469 · California Court of Appeal · Nov 3, 2005

(Brown Shoe Co. v. United States (1962) 370 U.S. 294, 320 [ 8 L.Ed.2d 510 , 82 S.Ct. 1502 ].) … Healy (2d Cir. 1982) 692 F.2d 275 ; Brown-Forman Distillers Corp. v. N.Y. Liquor Auth. (1986) 476 U.S. 573 [ 90 L.Ed.2d 552 , 106 S.Ct. 2080 ] (Brown-Forman).)

People v. Wallace

14 Cal. App. 4th 651 · California Court of Appeal · Mar 25, 1993

Brown (1985) 40 Cal.3d 512, 533 [ 220 Cal.Rptr. 637 , 709 P.2d 440 ], quoting People v. Shirley, supra, 31 Cal.3d at p. 56 .) … (Brown, supra, at p. 533 .) 2 In People v.

Blue Ridge Insurance Co. v. Superior Court

202 Cal. App. 3d 339 · California Court of Appeal · Jun 22, 1988

(Ibid., italics added.) 7 Brown v. … (Brown v. Superior Court, supra, 180 Cal.App.3d at p. 705 .)

Harvey v. County of Butte

203 Cal. App. 3d 714 · California Court of Appeal · Aug 8, 1988

This theory is dependent upon the invalidity of the action of the Board and hence upon the claim that its action was ultra vires. Plaintiff relies solely upon Stanson v. … Hornblower v. Duden (1868) 35 Cal. 664, 670-671 ; Lassen County v. Shinn (1891) 88 Cal. 510 [ 26 P. 365 ].)

Emden v. Verdi

124 Cal. App. 2d 555 · California Court of Appeal · Apr 14, 1954

Appellant relies on Browning v. Evans, 217 Cal. 585 [ 20 P.2d 681 ], in support of her last proposition. It does not, however, go to the extent she claims. … Obviously the Browning case cannot be applicable in such circumstances.

McGrath v. Young

98 Cal. App. 2d 415 · California Court of Appeal · Jul 13, 1950

That such settlement was not res judicata and was not binding on the pension board would seem obvious. The precise question was answered negatively in Schmidt v. … (Drummond v. Drummond, 39 Cal.App.2d 418 [ 103 P.2d 217 ].)

Firestone Tire & Rubber Co. v. United Rubber Workers

168 Cal. App. 2d 444 · California Court of Appeal · Mar 6, 1959

In other words, the board attempted to add to, subtract from or modify the contract of the parties in excess of the powers expressly conferred upon it. (See Crofoot v. … In Butte Miners’ Union No. 1 v.

People v. Hawkins

273 Cal. App. 2d 529 · California Court of Appeal · May 29, 1969

Both the open box containing the brown paper bag of marijuana and the brown paper bag itself, which were involved in Marshall , were as movable as the jacket which we have here. … Finally, under Cooper and Preston v.

Mitchell v. Hartman

112 Cal. App. 370 · California Court of Appeal · Mar 7, 1931

XI, sec. 8%, subd. 2), members of the board of education have been treated as municipal officers (Stern v. City Council of Berkeley, 25 Cal. App. 685 [ 145 Pac. 167 ] ; Ackerman v. Moody, 38 Cal. … . *373 (Hancock v. Board of Education, 140 Cal. 554 [ 74 Pac. 44 ]; Ward v. San Diego School Dist., 203 Cal. 712 [ 265 Pac. 821 ].)

American Federation of Teachers v. Oakland Unified School District

251 Cal. App. 2d 91 · California Court of Appeal · May 17, 1967

Bules and regulations adopted by a board of education are, in effect, a part of a teacher’s employment contract and the teacher is entitled to their enforcement. (Heckley v. … Board of Education, 53 Cal.2d 218, 220-221 [ 1 Cal.Rptr. 4 , 347 P.2d 4 ]; Rible v. Hughes, 24 Cal.2d 437, 443 [ 150 P.2d 455 , 154 A.L.R. 137 ]; Fry v. Board of Education, 17 Cal.2d 753, 760 [ 112 P.2d 229 ].)

Gear v. Webster

258 Cal. App. 2d 57 · California Court of Appeal · Jan 18, 1968

Associations similar to the Bakersfield Board of Realtors, here involved, are not uncommon. In Lawson v. … In Robinson v.

People v. Vanvalkenburgh

145 Cal. App. 3d 163 · California Court of Appeal · Jul 20, 1983

Relying on People v. … We hold, therefore, that under People v.

Pacifica Corp. v. City of Camarillo

149 Cal. App. 3d 168 · California Court of Appeal · Nov 23, 1983

Board of Trustees (1896) 113 Cal. 664, 670 [ 45 P. 856 ]; Santa Ana Tustin Community Hospital v. Board of Supervisors (1982) 127 Cal.App.3d 644, 650 [ 179 Cal.Rptr. 620 ].) … Board of Trustees, supra, 113 Cal. at p. 669 ), the procedural characteristics of the administrative process (Patterson v. Central Coast Regional Com. (1976) 58 Cal.App.3d 833, 841 [ 130 Cal.Rptr. 169 ]; Rivera v.

Gordon H. Ball, Inc. v. State ex rel. Department of Public Works

26 Cal. App. 3d 162 · California Court of Appeal · Jun 19, 1972

(DiGenova v. State Board of Education, supra, 51 Cal.2d at p. 174.) … California Highway Com. v. Riley, 192 Cal. 97, 108 (1923); Conlin v. Board of Supervisors, 99 Cal. 17, 21-22 (1893).

Driver v. Melone

11 Cal. App. 3d 746 · California Court of Appeal · Sep 30, 1970

Opinion BROWN (H. C.), J. Appellant, Bob J. Driver, purchased from respondents, Earl and Genevieve Melone, a parcel of land improved with an old and dilapidated house. … In Lingsch V.

People Ex Rel. Dept. of Conservation v. Triplett

48 Cal. App. 4th 233 · California Court of Appeal · Aug 8, 1996

(See Honey Springs Homeowners Assn. v. Board of Supervisors (1984) 157 Cal. App.3d 1122, 1132-1133 [ 203 Cal. Rptr. 886 ].) … Board sits as an assessment appeals board. ( Shell Western E & P, Inc. v.

Young v. Gannon

118 Cal. Rptr. 2d 187 · California Court of Appeal · Feb 27, 2002

(Common Cause v. Board of Supervisors (1989) 49 Cal.3d 432, 442 [ 261 Cal.Rptr. 574 , 777 P.2d 610 ].) … (Board of Education v. Jack M. (1977) 19 Cal.3d 691, 697 [ 139 Cal.Rptr. 700 , 566 P.2d 602 ]; Rivard v. Board of Pension Commissioners (1985) 164 Cal.App.3d 405, 412-413 [ 210 Cal.Rptr. 509 ].)

People v. Bartlett

199 Cal. App. 2d 173 · California Court of Appeal · Jan 16, 1962

In McPheeters v. … (People v. Byars, 188 Cal.App.2d 794 [ 10 Cal.Rptr. 677 ]; People v. Schuber, 71 Cal.App.2d 773 [ 163 P.2d 498 ]; In re Martinez, 36 Cal.App.2d 687 [ 98 P.2d 528 ]; People v.