Case law

People v. Muza

178 Cal. App. 2d 901 · California Court of Appeal · Mar 17, 1960

The experts had each expressed a qualified rather than a positive opinion that the handwriting in the hotel records was that of appellant. … But the court clearly encouraged the jury to believe that it would be granted for he afterward says: ‘It is discretionary with the court what he shall do with that recommendation.

Cohen v. DirecTV, Inc.

48 Cal. Rptr. 3d 813 · California Court of Appeal · Sep 18, 2006

length from a Court of Appeal case involving an arbitration clause and a class action waiver “virtually identical” (id. at p. 155) to the waiver before the court in Discover Bank : “ ‘[The class action waiver] provision is clearly … Fully aware that few customers will go to the time and trouble of suing in small claims court, [the bank] has instead sought to create for itself *1449 virtual immunity from class or representative actions despite their potential

Quiles v. Parent

10 Cal. App. 5th 130 · California Court of Appeal · Mar 27, 2017

We conclude that the attorney fees and costs awarded to Quiles qualify as “costs” under section 1021 et seq. … Clearly, attorney fees authorized by statute are allowable as costs under section 1033.5, subdivision (a)(10)(B).

People v. Graham

California Court of Appeal · May 27, 2021

Second, the trial court did not abuse it discretion in balancing the pertinent factors and concluding that defendant had not otherwise established “good cause” for the midtrial continuance sought by standby counsel. … Section 1001.36, subdivision (b)(1)(A) provides, "Evidence of the defendant's mental disorder shall be provided by the defense and shall include a recent diagnosis by a qualified mental health expert."

E-Fab, Inc. v. Accountants, Inc. Services

153 Cal. App. 4th 1308 · California Court of Appeal · Jul 16, 2007

Plaintiff contacted defendant “to obtain a temporary accountant who was qualified to work for plaintiff in such a position.” … To establish the proper framework for deciding that question, we first describe the standard of review that governs this appeal, which follows a demurrer.

People v. Kuhns

61 Cal. App. 3d 735 · California Court of Appeal · Sep 8, 1976

We note the exemption only applies to a projectionist, otherwise qualifying, who exhibits, or possesses with intent to exhibit, any obscene matter. … For knowledge may be established by circumstantial evidence.

People v. Sanchez

California Court of Appeal · Jan 21, 2014

Ramos (1997) 15 Cal.4th 1133, 1170 [appellate court will not disturb trial court’s exercise of discretion under Evidence Code section 352 unless reliance clearly outweighed by prejudicial effect].) 3. … Johnson (4th Cir. 2009) 587 F.3d 625, 635 [to qualify as a testimonial statement, “‘the declarant must have had a reasonable expectation that his statements would be used prosecutorially . . . .’”].)

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).)

People v. Garcia

California Court of Appeal · Nov 6, 2017

Scratches and abrasions, inflicted when defendant choked Amanda, are clearly visible on her neck. Other photos showed large red areas on Amanda’s right shoulder, back, and arm. … Pierce (2002) 104 Cal.App.4th 893, 898–899 [assault with intent to commit rape qualifies as a sexual offense under section 1108]). The issues raised by the dissent are not without redress.

Dong Suk Shin v. Superior Court

26 Cal. App. 4th 542 · California Court of Appeal · Jun 30, 1994

Both expert witnesses were experienced and qualified attorneys licensed to practice before all courts of the Republic of Korea. … This clearly demonstrates that KFB did more than merely commence an action.

Arcadia Redevelopment Agency v. Ikemoto

16 Cal. App. 4th 444 · California Court of Appeal · Jun 9, 1993

Petitioners further argue that redevelopment agencies do not qualify as the “local jurisdictions” referred to by Revenue and Taxation Code section 97, and despite the later enactment of Senate Bill No. 1559, argue that the … A statute will not be retroactively applied unless the Legislature clearly intended it to be retroactive.

People v. Cua

191 Cal. App. 4th 582 · California Court of Appeal · Jan 3, 2011

sample and a known sample from a defendant establishes identity to a reasonable scientific certainty. … Ineffective Assistance of Counsel To establish a claim of incompetence of counsel, a defendant must establish both that counsel’s representation fell below an objective standard of reasonableness and that it is reasonably

In re Ramirez

California Court of Appeal · Feb 20, 2019

(a))] qualifies and thus 7 In a footnote at this point, the court disapproved People v. … Plainly, armed robbery does not qualify.” (Banks, supra, 61 Cal.4th at p. 810, fn. 9.) 14.

People v. Landau

California Court of Appeal · May 6, 2016

Appellant’s counsel clearly attempted to prevent the district attorney from calling appellant as a witness, but she failed to object on equal protection grounds. … “It is then up to the party who calls the expert to introduce other evidence establishing the facts assumed by the expert.” (Id. at p.

Tatum v. Iowa Water Co.

34 Cal. App. 55 · California Court of Appeal · Jun 6, 1917

Weyant was appointed administrator with the will annexed of said estate, who duly qualified as such and who continued to act in that capacity until his final discharge, on July 1, 1909. … That seems to be established in this state. The leading case is Harlan v. Peck, 33 Cal. 515 , [ 91 Am.

Mayes v. Sturdy Northern Sales, Inc.

91 Cal. App. 3d 69 · California Court of Appeal · Mar 28, 1979

Randy testified that he regularly communicated with Richard who established guidelines for distribution during any shortage periods. … This interpretation is clearly correct. That’s what the language means and that’s how the parties acted.

Nejadian v. County of Los Angeles

California Court of Appeal · Oct 1, 2019

However, the downgrading of his rating on one of the categories in his performance evaluation clearly is an adverse employment action. … ‘[I]f the word “substantial” means anything at all, it clearly implies that such evidence must be of ponderable legal significance. . . .

Speedboat JV Partners v. Capital One CA3

California Court of Appeal · Aug 25, 2023

Mao (2009) 174 Cal.App.4th 301, 322 [a qualified witness need not have been present at every transaction to establish the business records exception; he or she need only be familiar with the procedures followed].) … On appeal, we will reverse a trial court’s determination that a sufficient foundation has been laid to qualify evidence as a business record only if the trial court clearly abused its discretion. (People v.

In re M.P. CA4/2

California Court of Appeal · Oct 26, 2023

Therefore, to establish that the juvenile court erred in finding father failed to qualify as the minors’ presumed father, father must establish that the undisputed facts compelled a finding in his favor as a matter of … “The grant or denial of a section 388 petition is committed to the sound discretion of the trial court and will not be disturbed on appeal unless an abuse of discretion is clearly established.” (In re Shirley K.

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.