Case law

Cummings v. Civil Service Commission

40 Cal. App. 4th 1643 · California Court of Appeal · Dec 13, 1995

Cummings was clearly excessive. … His abusive and bizarre behavior was sufficient in itself to demonstrate Talmo was not qualified to serve in a position of power and public trust such as deputy sheriff.

Hoffman v. 162 North Wolfe

California Court of Appeal · Aug 13, 2014

Providing a disclosure schedule which deliberately omitted material facts seems clearly to fit this category.” (Id. at p. 294, fn. omitted.) Vega is distinguishable. … circumstances require disclosure, where one does speak he must speak the whole truth to the end that he does not conceal any facts which materially qualify those stated.

616 Croft Ave., LLC v. City of West Hollywood

3 Cal. App. 5th 621 · California Court of Appeal · Sep 23, 2016

Croft qualified, seemingly, because it added only nine net units. 2 19.64.020.) … Croft brought five causes of action: (1) declaratory relief establishing the in-lieu fees were illegal; (2) declaratory relief establishing the City violated the Mitigation Fee Act; (3) refund of the fees collected from Croft

Miller v. Roseville Lodge No. 1293

California Court of Appeal · Sep 28, 2022

The moving party bears the burden of showing the court that the plaintiff “has not established, and cannot reasonably expect to establish,” ’ the elements of his or her cause of action.” (Wilson, at p. 720.) … Wal-Mart appealed, arguing it was immune from liability under the Privette doctrine, and our Supreme Court affirmed.

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.

In Re CC

172 Cal. App. 4th 1481 · California Court of Appeal · Apr 13, 2009

Clearly, under this statute a court has broad discretion to evaluate not only the child's physical safety but also his or her emotional well-being. … Without a showing that a parent's personal rights are affected by a ruling, the parent does not establish standing. [Citation.]

Williams v. City of Los Angeles

229 Cal. App. 3d 1627 · California Court of Appeal · May 10, 1991

Respondent, having retired at the rank of lieutenant, does not qualify. This section precludes a retired lieutenant from returning to active duty. … Ferrell’s declaration showed that such statement came after Ferrell specifically warned respondent that in his opinion the charter clearly prohibited reinstatement if respondent retired.

Stebbins v. White

190 Cal. App. 3d 769 · California Court of Appeal · Mar 25, 1987

And the aggressive, even violent, characters of James Shoals and McCoswell Ward stand out clearly even on a cold appellate record. The trial court took note of this in its statement of decision. … The failure on the part of the person elected to qualify would result in a vacancy, which could and should be filled by the governor’s appointment.

Charmac, Inc. v. Aetna Casualty & Surety Co.

233 Cal. App. 3d 660 · California Court of Appeal · Aug 21, 1991

Now, section 11580.9, subdivision (c), clearly determines the respective responsibilities of the two insurers—the [premises policy] is primary, and the insurer of the [vehicle] is the excess carrier.” (Ibid.) … The term “insured” is limited to persons or organizations “qualifying as an insured in the ‘Persons Insured’ provision.”

People v. Wilson

California Court of Appeal · Oct 21, 2020

Moreover, even assuming some error, Wilson does not establish he was prejudiced. … The court’s reply clearly indicated to the jury that it must find J.A. acted with sexual intent.

T-Alexander v. Baass CA6

California Court of Appeal · Apr 14, 2026

Statutes must be upheld unless their unconstitutionality clearly, positively, and unmistakably appears.” ’ ” (Voters for Responsible Retirement v. … Although T-Alexander refers generally to a right to file a federal disability complaint, he does not identify any specific statutory authority immunizing his federal litigation activity from the operation of section 391 et

In re H.K.

California Court of Appeal · Jul 18, 2013

Case law recognizes the right of a child to remain in a bonded placement, even with non-relatives, but does not establish a right to be placed with a relative with whom the child does not have such a relationship. … Clearly, these are not equivalent relationships. The New York cases cited by H.K. each involved a child already living with and closely bonded to the person with the disqualifying criminal conviction.

Eisen v. Regents of University of California

269 Cal. App. 2d 696 · California Court of Appeal · Feb 17, 1969

This organization was fully qualified as a student organization “registered” by the University. … Thus, Talley establishes that the First Amendment right of freedom of speech includes the right to remain anonymous under the particular facts of that case.

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.

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.”

People v. Nakano

California Court of Appeal · Mar 21, 2023

The principles of statutory construction are well established. “ ‘ “Our task is to discern the Legislature’s intent. … “We do not presume that the Legislature intends, when it enacts a statute, to overthrow long-established principles of law unless such intention is clearly expressed or necessarily implied. [Citation.]

People v. Lamar CA4/1

California Court of Appeal · Jul 30, 2025

“ ‘California law permits a person with “special knowledge, skill, experience, training, or education” in a particular field to qualify as an expert witness (Evid. … We will not disturb the trial court’s exercise of that discretion in determining an expert witness’s qualification “absent a showing of manifest abuse” such as when “ ‘ “ ‘the evidence shows that a witness clearly lacks qualification

Jackson v. Biter CA5

California Court of Appeal · Dec 3, 2020

The establishment of the prisoner’s right of access does not mandate a particular remedy. (Id. at p. 923.) … In support of his request for appointed counsel, plaintiff argues he is indigent (he qualified for a waiver of court fees and costs), he is incarcerated, and his case is complex.

Bernard v. City of Oakland

202 Cal. App. 4th 1553 · California Court of Appeal · Jan 30, 2012

Overview of the PEMHCA The purpose of the PEMHCA is to “[e]nable the state to attract and retain qualified employees by providing health benefit plans similar to those commonly provided in private industry” and to “[p]romote … controlling ... the contemporaneous administrative construction of [an] enactment by those charged with its enforcement ... is entitled to great weight, and courts generally will not depart from such construction unless it is clearly

People v. Garcia

California Court of Appeal · Jul 11, 2023

The court stated, “The overall record of conviction establishes that [Garcia] directly aided and abetted the murder with malice aforethought.” … Ramirez (2019) 41 Cal.App.5th 923, 932, 254 Cal.Rptr.3d 670 (Ramirez)) for petitioners who are clearly eligible for resentencing.” (Flint, supra, 75 Cal.App.5th at p. 610.) B.