Case law

Welch v. University of San Diego CA4/1

California Court of Appeal · Apr 2, 2015

for benefits because the weight of the evidence did not establish she was disabled since the 1998 attack. … Hixson (2012) 209 Cal.App.4th 256, 291) clearly "identified them as statements of opinion and not fact." (ComputerXpress, Inc. v.

People v. Rodriguez

California Court of Appeal · Dec 7, 2020

At the threshold, because section 1170.95, subdivision (d)(3), does not clearly identify the standard to be applied, we look to the Legislature’s stated purpose in enacting Senate Bill 1437 to guide our interpretation of … again in the Assembly Committee on Public Safety’s report on an amended version of the bill, the Association complained, “[B]y placing the burden on the prosecution to prove beyond a reasonable doubt that petitioners do not qualify

People v. Davis

California Court of Appeal · Jul 8, 2014

(b).) 12 urgency and a denial order qualifies as an ‘order made after judgment, affecting the substantial rights of the party.’ ” (Id. at p. 886-887.) … Rather, this petition is clearly limited to the October 1, 2012, order filed in this specific case.

People v. Serrato CA4/2

California Court of Appeal · Jun 16, 2016

The court responded, “I think the Appellate Court can see that too; it does clearly say that. It says ‘note.’ And ‘note’ is the language included in [section] 473.” … Therefore, the crime of possessing forged checks was not established. (Id. at pp. 268.)

People v. Bestline Products, Inc.

61 Cal. App. 3d 879 · California Court of Appeal · Aug 25, 1976

We are not involved here with the requirements for establishing a contempt which, because of its quasi-criminal nature, demands that the terms of the injunction be sufficiently clear that it can be clearly established beyond … Such findings clearly supported the court’s imposition of a $1 million civil penalty.

People v. Cummings CA5

California Court of Appeal · Aug 29, 2022

It clearly was. … court stated, “We are not persuaded that all records of prior criminal convictions are immune from confrontation clause challenge.

Wynne v. Wynne CA4/2

California Court of Appeal · Sep 26, 2023

the plaintiff the burden of establishing the probability of success on the merits. … “It is important to note that the anti-SLAPP statute does not immunize or insulate defendants from any liability for claims arising from protected activity.

Gulf Insurance v. Berger, Kahn, Shafton, Moss, Figler, Simon & Gladstone

93 Cal. Rptr. 2d 534 · California Court of Appeal · Mar 17, 2000

that relationship is established only by the first to contact that counsel. … Moreover, defense counsel’s immunity from suit by the insurer would place the loss for the attorney’s misconduct on the insurer.

Laura F. v. Bernadette F.

99 Cal. Rptr. 2d 859 · California Court of Appeal · Aug 31, 2000

. § 1901 et seq.), which establishes minimum federal standards, both procedural and substantive, governing the removal of Indian children from their families. … At the close of the hearing, the judge found clear and convincing evidence established that it is likely both Laura and William would be adopted.

City of Santa Monica v. Stewart

24 Cal. Rptr. 3d 72 · California Court of Appeal · Feb 28, 2005

City of Oakland (1985) 174 Cal.App.3d 687, 690-691, & fn. 3 [ 220 Cal.Rptr. 256 ] [concluding trial court properly refused to enjoin city from certifying challenged charter amendment because “regardless of how clearly an … Numerous cases have concluded that ballot measure proponents, with no financial or personal interests at stake, qualified for section 1021.5 fee awards in actions brought to enforce those measures or qualify them for the

Phillips v. ST. MARY REGIONAL MED. CENTER

116 Cal. Rptr. 2d 770 · California Court of Appeal · Feb 14, 2002

enacted after plaintiffs termination neither existed, nor was well established at the pertinent time. … Generally, statutes do not apply retroactively unless the Legislature clearly indicated otherwise. [31] Also, a retroactive statute affects the parties' rights and obligations that exist before the statute's adoption. [32

People v. Klein CA5

California Court of Appeal · Oct 6, 2020

The Frahs court determined that section 1001.36 did not clearly signal such an intent.4 (Frahs, supra, 9 Cal.5th at pp. 631–632.) … Klein, supra, F077903.) 7 We note that, when this matter is remanded, section 1001.36 requires appellant, in part, to provide a recent diagnosis by a qualified mental health expert establishing a mental disorder.

Healthcare Reimbursement Advisors v. Cedars-Sinai Medical Center CA2/3

California Court of Appeal · Feb 22, 2016

Medicare is a federal health insurance program that reimburses hospitals for qualified medical services delivered to senior citizens and certain disabled persons. … the hospital for a special status classification in cases where the hospital would otherwise not meet the “normal criteria to qualify for the status.”

San Diegans for Open Govt. v. City of San Diego CA4/1

California Court of Appeal · Nov 23, 2015

"If the voters who adopted Propositions 13 and 218 had desired that only qualified property owners be permitted to vote on the imposition of special taxes, they were clearly aware of the text to use to evince such intent … Appellant further alleges that since the MAD levies are clearly " 'lev[ies], charge[s] or exaction[s],' " they are, under section 1(e) of article XIII C, a tax.

Cifuentes v. Costco Wholesale Corp.

238 Cal. App. 4th 65 · California Court of Appeal · Jun 26, 2015

The court rejected the argument the award did not qualify as wages because no services had been performed. … In light of our determination that Lisec should no longer be followed, at this juncture Costco clearly is the prevailing party.

East Bay Municipal Utility District v. Richmond Redevelopment Agency

93 Cal. App. 3d 346 · California Court of Appeal · May 23, 1979

And since the City’s vacation of public streets to enable the removal of urban blight and substandard conditions is obviously a proper exercise of its police powers, under well established law EBMUD was required to bear the … Since EBMUD here was clearly not a donee beneficiary, it can recover under the grant contract only if it qualifies as a creditor beneficiary.

Goodyear Tire & Rubber Co. v. Wells Fargo Bank & Union Trust Co.

1 Cal. App. 2d 694 · California Court of Appeal · Oct 31, 1934

I do not think that the word ‘fictitious’ is exclusively used to qualify that which has no real existence.” … The execution of the checks was clearly within the scope of their authority, not within that of Emory.

People v. Javier A.

159 Cal. App. 3d 913 · California Court of Appeal · Aug 31, 1984

We have been given no reason to believe the juvenile court bench, is immune from the assignment of weak or biased judges. … In 1850 England, minors clearly were entitled to trial by jury in all “criminal proceedings.”

Law Offices of Dixon R. Howell v. Valley

129 Cal. App. 4th 1076 · California Court of Appeal · May 27, 2005

Summary judgment should have been granted because Law Firm: (a) established all elements of its breach of contract claim; (b) negated the defense of estoppel under section 6201 by establishing that Client waived his right … We note that the mere fact that Law Firm incurred litigation expense (ibid.) does not establish prejudice.

James R. v. Cindy R.

41 Cal. App. 4th 1483 · California Court of Appeal · Jan 18, 1996

The twins shall not be returned to the custody of the biological parents and may instead remain with the R’s if, and only if, the R’s can establish, by clear and convincing evidence, including the testimony of qualified expert … While this section refers to an order requiring “foster care,” that clearly would encompass a guardianship proceeding.