Case law

State Board of Education v. Honig

13 Cal. App. 4th 720 · California Court of Appeal · Feb 18, 1993

An 1884 constitutional amendment granted the Board authority to establish a uniform system of textbooks. … The Legislature *762 established a unified Department of Education in 1921. (Stats. 1921, ch. 605, § 1, pp. 1033-1035.)

Espinoza v. Shiomoto

California Court of Appeal · Jan 12, 2017

, and therefore there can be no qualified refusal or conditional refusal to take the test.’ … Instead, McNeely conferred a passive or negative right on motorists to be free from warrantless, coerced blood tests unless the police can establish the existence of exigent circumstances.

Lamar Advertising Co. v. County of Los Angeles

California Court of Appeal · May 8, 2018

Accordingly, Lamar’s addition of an electrical box does not qualify as a “light box” that a billboard owner may add as part of customary maintenance. … Accordingly, the statute clearly distinguishes the “advertising display”—the flat structure displaying the advertisement—from the posts upon which it is mounted.

Protect Telegraph Hill v. City and County of San Francisco

California Court of Appeal · Oct 17, 2017

The Statutory Exemptions CEQA “establishes a comprehensive scheme to provide long-term protection to the environment. … ‘Substantial evidence is not argument, speculation, unsubstantiated opinion or narrative, [or] evidence that is clearly inaccurate or erroneous.’ ” (Hines v.

People v. Carl N.

72 Cal. Rptr. 3d 823 · California Court of Appeal · Mar 6, 2008

“A new or amended statute applies prospectively only, unless the Legislature clearly expresses an intent that it operate retroactively.” (People v. … Department of the Youth Authority refers to the Department of Corrections and Rehabilitation, Division of Juvenile Facilities, which has jurisdiction over all educational training and treatment institutions now or hereafter established

Berkeley Hills Watershed Coalition v. City of Berkeley

California Court of Appeal · Jan 30, 2019

Nonetheless, a city’s interpretation of its own ordinance “ ‘is entitled to great weight unless it is clearly erroneous or unauthorized.’ ” (Anderson First Coalition v. … Our review of local regulations is guided by the same established rules we use for statutory construction. (Zubarau v.

Philippart v. Hotchkiss Tract Reclamation District 799

54 Cal. App. 3d 797 · California Court of Appeal · Jan 26, 1976

formed under a special act of the Legislature dealing with a unique problem which existed in the Palo Verde Valley, its applicability to the case at bench may be discerned from the following paragraph (at p. 839): “The state clearly … situated to be prepared and certified, which certified roll shall be used by the election board in determining the number of votes each voter may cast; section 50753 permits cumulative voting; section 50755 permits any qualified

People v. Ramos

California Court of Appeal · Oct 2, 2025

Based on this evidence petitioner clearly took a direct step toward killing the victim and acted with specific intent to kill . . . . … That is, there may be some evidence that was admitted at a prior hearing or trial 4 Under section 872 (b), qualified peace officers at preliminary hearings may ordinarily testify as to statements

Save Petaluma v. City of Petaluma CA1/2

California Court of Appeal · Aug 5, 2025

Appellants make no attempt to reconcile the qualifying statutory text (“unless the context clearly requires otherwise”) with their bright-line position that all dismissals categorically entitle a defendant to an award of … It has long been established that, “absent facts rendering the award unjust, parties who qualify for a fee should recover for all hours reasonably spent.” (Serrano v.

People v. Hultman CA4/1

California Court of Appeal · Mar 15, 2016

Detective Frey was qualified to provide limited expert testimony about CSAAS A person is qualified to testify as an expert if the person has "special knowledge, skill, experience, training, or education sufficient … to qualify him as an expert on the subject to which his testimony relates."

Agnew v. Cronin

148 Cal. App. 2d 117 · California Court of Appeal · Jan 29, 1957

Clearly, the Legislature did not deem it incumbent on the sheriff, as a stranger to the proceedings and as a ministerial officer charged with the function of executing orders not manifestly irregular or void on their face … No established rule of our system of jurisprudence requires that such notice be given.

People v. Carrera CA2/8

California Court of Appeal · May 8, 2025

Given that the immunity agreement also required Palomares to testify at trial, the prosecution had no reason to suspect he would flee and risk facing criminal charges. … On appeal, Carrera contends Hurtado’s statements in these text exchanges should have been excluded because they did not qualify as adoptive admissions.

Starr v. Ashbrook

California Court of Appeal · Jan 26, 2023

Stern recommended the trial court grant an order to establish visitation rights for Jonathan, David, and Noah on certain terms and conditions. … Those allegations include: (1) “[Ashbrook] is pursuing this meritless Petition for Instruction to confirm that a handwritten note is an amendment to the Trust, even though Arnold clearly 7 The

Pena v. City of Los Angeles

8 Cal. App. 3d 257 · California Court of Appeal · May 28, 1970

Our search of the record demonstates a total failure of proof by appellants to establish their allegations of estoppel. The finding of the trial court in this respect is amply justified by the record. … Yes, but I must qualify it. “Q. All right. Then I will give you an opportunity to explain, but may I just conduct this my way. “A. All right, sure. “Q. When did he tell you this? “A.

R. Krasnow & Sons, Inc. v. Emerzian

77 Cal. App. 690 · California Court of Appeal · Apr 30, 1926

shows, as it was and is intended to show, that, if no other testimony addressed to the establishment of such an agreement had been presented than that thus shown to have been presented by plaintiff, the finding by the trial … had between the parties, or that the burden resting upon plaintiff to show that the excess quantities were disposed of on a commission basis under a special agreement to that effect was not sustained by it, would stand immune

Mercantile Trust Co. v. San Joaquin Agricultural Corp.

89 Cal. App. 558 · California Court of Appeal · Feb 29, 1928

This is a familiar and well-established rule in the construction of powers. (See Story on Agency, secs. 55, 56, 58, 59, 60, 73; Wharton on Agency, sec. 187.)” … But whatever its purpose, it is, as pointed out, one of the alternative provisions of section 1 of article Y, so cannot reasonably be construed or intended to qualify or affect any of the other provisions of the instrument

B.D. v. Super. Ct.

California Court of Appeal · Apr 30, 2025

for Regional Center services so she felt she would not qualify this time. … This interpretation is supported by other parts of the statute that clearly denote when the Legislature intended to refer to the continuation of existing services. (See, e.g., § 366.21, subd.

Robles v. City of Ontario

California Court of Appeal · Nov 6, 2024

The language clearly states that in most situations, plaintiffs were precluded from seeking further attorney fees. … We therefore remand for the trial court to decide, in the first instance, whether plaintiffs qualify as prevailing parties, and if so, the amount of fees that should be awarded.

Daum v. SpineCare Medical Group, Inc.

52 Cal. App. 4th 1285 · California Court of Appeal · Feb 21, 1997

Daum could establish causation in a retrial. … The statutes and federal regulations on which the Daums rely to establish the duty of disclosure clearly hold “the investigator” ( 21 C.F.R. § 50.20 (1996)) or the “person who is primarily responsible for the conduct of a

Korean Philadelphia Presbyterian Church v. California Presbytery

77 Cal. App. 4th 1069 · California Court of Appeal · Jan 27, 2000

Directors were to be “elected *1076 at the annual meeting,” and each director was to hold office “until the next annual meeting of the members and until his successor is elected and qualifies.” … Given the facts established by the various declarations and documents as set forth above, we agree.