Case law

People v. Phillips

California Court of Appeal · Feb 28, 2022

Sergeant Lyn O’Connor was qualified as an expert in crime scene investigations and bloodstain pattern analysis. … Although the prosecutor clearly erred, prosecutorial error does not require a trial court to declare a mistrial in all circumstances.

Global Discoveries v. County of Madera CA5

California Court of Appeal · Jun 22, 2026

The claims policy states that pursuant to Revenue and Taxation Code section 4675.1, “the Madera County Treasurer-Tax Collector is authorized to establish the information and proof deemed necessary to satisfactorily establish … Instead, each county establishes the “information and proof deemed necessary by the board of supervisors to establish the claimant’s rights to all or any portion of the excess proceeds.” (§ 4675, subd. (d).)

Smith v. Smith

140 Cal. App. 2d 944 · California Court of Appeal · Apr 20, 1956

His testimony in no way establishes that the testatrix was so incompetent in the legal sense as to be incapable of making a valid, testamentary disposition of her property. … Lee was not only a well qualified physician, he had treated Mrs.

Great Oaks v. Santa Clara Valley Water Dist.

California Court of Appeal · Mar 26, 2015

While we do not mean to suggest that this is the only way a fee might fall within our hypothetical “regulatory” rubric, we did indicate that any such regulatory purpose would have to be “clearly established.” … Nor does anything in the District Act “clearly establish[]”that it has a regulatory purpose. Nothing in the notice to owners explaining the basis for the fee alluded to any such objective.

Mt. Holyoke Homes v. California Costal Commission

167 Cal. App. 4th 830 · California Court of Appeal · Oct 21, 2008

An analogous principle is well established in the context of personal jurisdiction. … MHH clearly participated in the Commission’s proceedings in a significant manner for several years, ostensibly recognizing the Commission’s jurisdiction before asserting the Commission lost it.

Privato Security Co. v. Sidman CA6

California Court of Appeal · Aug 17, 2015

Sidman informed the Board about the PTO payments to Smith and Williams and sought to establish a company policy prohibiting such payments. … Sidman’s two letters to shareholders and his public website contained statements clearly made in anticipation of litigation.

People v. Barnes CA5

California Court of Appeal · Apr 21, 2026

While a testifying expert must be qualified by special knowledge, skill, and experience, the prosecution was not required to establish Iturriria’s expert qualifications in the absence of an objection from the defense. … The record establishes Iturriria was qualified to testify based on his background as an EMT, serving as a highway patrol officer for 21 years, specialization in driving under the influence cases and investigations, and certification

Gateway Bank, F.S.B. v. Metaxas

California Court of Appeal · Jun 3, 2021

The OTS clearly was concerned about this deal in which buyers had paid nearly full book value for troubled assets. … As such, the allegations of the Fourth Cause of Action (intentional breach of fiduciary duty) have been established regarding this November 25 to 27, 2009 payment to purchase Ideal loans.

Wal-Mart Stores, Inc. v. City of Turlock

41 Cal. Rptr. 3d 420 · California Court of Appeal · Apr 5, 2006

, substantial evidence includes “fact, a reasonable assumption predicated upon fact, or expert opinion supported by fact” and excludes “argument, speculation, unsubstantiated opinion or narrative, [and] evidence that is clearly … Application of Guidelines Section 15183 Section 15183 of the Guidelines creates a streamlined environmental review for qualifying projects that are consistent with a general plan for which an EIR was certified.

People v. Brasuell CA2/6

California Court of Appeal · Apr 21, 2025

Brasuell has not established that the court abused its discretion by appointing standby counsel and not advisory counsel. II. … Brasuell points out that A.B. received immunity for her testimony, she introduced A.D. to him, and A.B. participated in sexual activity with him and A.D.

People v. Flores

California Court of Appeal · Aug 23, 2016

"Before a judgment of conviction can be set aside for insufficiency of the evidence to support the trier of fact's verdict, it must clearly appear that upon no hypothesis whatever is there sufficient evidence to support … Lewis (2004) 120 Cal.App.4th 882, 887 [stating in dicta that withholding food and water causing starvation can qualify as torture]; People v.

Wilson v. Merritt

48 Cal. Rptr. 3d 630 · California Court of Appeal · Sep 11, 2006

Merritt’s counsel argued that no cause of action based on informed consent had been established. … The court stated that “[t]he statutes and federal regulations on which the [patient relied] to establish the duty of disclosure clearly [held] ‘the investigator’ [citation] or the ‘person who [was] primarily responsible for

P. ex rel. Reisig v. Acuna

California Court of Appeal · Mar 10, 2017

So any error regarding Ybarra‟s admission was clearly harmless. … The trial court found it qualified as a spontaneous statement, reconsidered at defense request, and again found it qualified as a spontaneous statement.

People v. Gerson

California Court of Appeal · Jan 28, 2022

Alisha surreptitiously recorded 5 Nitrous oxide produces a mild euphoria but in large amounts it is an anesthetic that can cause dizziness, an inability to think clearly, a dreamlike state, and amnesia. 6 Psilocybin … Friedman concluded that Gerson did not have a qualifying mental disease or defect at the time of the incident.

People v. Forester

California Court of Appeal · May 10, 2022

Selga (2008) 162 Cal.App.4th 113, 119 [stalking victim “qualified for protection under section 1203.097, as both a former girlfriend of defendant’s and the mother of his child”].) … Thus, “ ‘ “we will find an implied repeal ‘only when there is no rational basis for harmonizing ... two potentially conflicting statutes [citation], and the statutes are “irreconcilable, clearly repugnant, and so inconsistent

State Compensation Insurance Fund v. Dept. of Insurance

California Court of Appeal · Oct 10, 2023

FACTUAL AND PROCEDURAL BACKGROUND State Fund is a public enterprise fund established under the California Insurance Code. (Ins. Code, § 11770 et seq.) … Application of the doctrine is justified only if the “facts clearly establish that a grave injustice would be done if an equitable estoppel were not applied.” (Cal. Cigarette Concessions, Inc. v. City of L.

Arges v. LPL Financial CA4/1

California Court of Appeal · Nov 24, 2020

He argued U-Form disclosures are, at most, entitled to a qualified privilege— not an absolute privilege—and the allegedly malicious nature of LPL’s conduct precluded application of even a qualified privilege. … Second, Arges—relying on decisions from other jurisdictions—claims U- Form statements should be subject only to a qualified immunity, which can be overcome by a showing of malice.

The Committee for Tiburon LLC v. Town of Tiburon

California Court of Appeal · Feb 2, 2026

The CEQA Guidelines are given “great weight in interpreting CEQA, except where they are clearly unauthorized or erroneous.” (Center for Biological Diversity v. … This clearly fell within the Town’s policy-making authority to decide how and where to make additional space available for future housing. (Gov.

San Benito Health & Human Services Agency v. A.S.

244 Cal. App. 4th 327 · California Court of Appeal · Jan 27, 2016

Those special needs qualified K.S. for financial assistance through the state’s Adoption Assistance Program.  Andrea S. (mother) raised K.S. in Hollister. … She has clearly demonstrated her embroilment with the mental health department.

Anaheim Builders Supply, Inc. v. Lincoln National Life Insurance

233 Cal. App. 2d 400 · California Court of Appeal · Apr 2, 1965

The testimony of the experts established that the policy was issued on the assumption of the completeness and accuracy of the answers made by Mr. … Furthermore, if there is an insubstantial error made in good faith in an application which is clearly accompanied by the means of ascertaining the truth, an estoppel may be urged against it in subsequent litigation.