Case law

LDI Growth Partners v. JPMorgan Chase Bank CA1/5

California Court of Appeal · Nov 5, 2013

(a)) and “[a]dmit so much of the matter involved in the request as is true, either as expressed in the request itself or as reasonably and clearly qualified by the responding party” (subd. … Clearly, the Agreement uses “received” in its ordinary meaning as coming into possession of a payment, with no implication of a right or intent to retain the payment.

Rhee v. El Camino Hospital District

201 Cal. App. 3d 477 · California Court of Appeal · May 20, 1988

Consequently, it cannot be said that a violation of a hospital’s bylaws establishes a denial of due process in every case. (Tiholiz v. … The initial notice of formal charges before JRC I clearly informed Dr. Rhee that, in the opinion of the medical staff, he had “fail[ed] to perform sufficient cases to remain skillful . . . .”

Estate of Gump

1 Cal. App. 4th 582 · California Court of Appeal · Dec 5, 1991

Neither Laurlund nor Domeney took any action to obtain the advice or assistance of an accountant or other qualified expert to review the records, lease, or rent statements until after the beneficiaries questioned the rent … As recognized by the trial court, Wells Fargo clearly prevailed in the civil litigation resulting in Gump I, supra, and Gump II, supra .

Kalmus v. Kalmus

103 Cal. App. 2d 405 · California Court of Appeal · Apr 12, 1951

Kozol, a graduate of Harvard College and Harvard Medical School, and a qualified psychiatrist, who averred that he had examined the abstract of the record of Baker Memorial Division of the Massachusetts General Hospital referring … Because the granting and refusing of alimony in actions for divorce is a matter which lies largely in the discretion of the trial court, an appellate tribunal will not interfere unless it be made clearly and affirmatively

People v. Stewart CA1/2

California Court of Appeal · Nov 7, 2023

Defense counsel pointed to Venisha’s testimony that defendant asked for his gun “because [Jones] so clearly had overpowered [defendant] in the physical fight.” … Certainly, defense counsel objected to the prosecutor discussing Davinci’s grant of immunity; she argued at a pretrial hearing, “he’s only getting use immunity for perjuring himself at the prelim.

Lafayette Bollinger Development v. Town of Moraga

California Court of Appeal · Jul 19, 2023

as a taking of ‘all economically beneficial use’ ” of the property, establishing a per se regulatory taking. … A party qualifies as the prevailing party under the second prong of Code of Civil Procedure section 1032, subdivision (a)(4), if “the action yielded the primary relief sought.”

Stinnett v. Tam

198 Cal. App. 4th 1412 · California Court of Appeal · Sep 1, 2011

general propriety of such damages is firmly imbedded in our common law jurisprudence, “no California case of which we are aware has ever suggested that the right to recover for such noneconomic injuries is constitutionally immune … The California Supreme Court stated this rule clearly in Palermo v.

People v. Dixon CA2/4

California Court of Appeal · Oct 19, 2020

Jefferson concluded remand was futile because “the trial court clearly indicated defendant’s alleged mental health disorder was not a significant factor in his commission of the charged offenses, making him ineligible for … Aviles (2019) 39 Cal.App.5th 1055, 1075- 1076 [inability to pay costs of appointed counsel does not establish inability to pay restitution fine or other court-imposed fees].)

People v. Singh CA3

California Court of Appeal · Jun 29, 2022

e)(4), as amended by Stats. 2021, ch. 420, § 1, italics added.) 4  Without addressing the prior statutory language, we agree with the parties that section 1473.7 now clearly … The trial court found defendant did not qualify so it did not hold a hearing on the contents of the motion and defendant’s assertions within.

Gerawan Farming v. Agricultural Labor Rel. Bd.

California Court of Appeal · May 14, 2015

establishes the terms of an imposed CBA to which the parties are bound. (See §§ 1164, 1164.3.) … Insofar as the parties have still not reached agreement, the discrete statutory requirement set forth in section 1164.11(a) was clearly satisfied.

Capeci v. City of Imperial CA4/1

California Court of Appeal · Mar 24, 2016

Clearly, Capeci's filing of his age discrimination complaint with DFEH on or about March 14, 2012, was not within one year of this alleged adverse employment action by City. (See § 12960, subd. (d).) … (d)(2), (1)), it neither requires a reassignment if there is no vacant position for which the employee is qualified (Cuiellette v.

People v. Cruz CA4/2

California Court of Appeal · Jan 7, 2025

Defendant has not established he received deficient representation. … First, ‘“[t]he burden is on the party attacking the sentence to clearly show that the sentencing decision was irrational or arbitrary. [Citation.]

Center for Sierra Nevada Conservation v. County of El Dorado

202 Cal. App. 4th 1156 · California Court of Appeal · Jan 20, 2012

deciding whether to prepare an EIR or negative declaration,’ ‘[e]nabl[ing] an applicant or lead agency to modify a project, mitigating adverse impacts before an EIR is prepared, thereby enabling the project to qualify for … The legislation evinces no interest in the effects of proposed general plan amendments on an existing general plan, but instead has clearly expressed concern with the effects of projects on the actual environment upon which

People v. Barnett

17 Cal. 4th 1044 · California Court of Appeal · May 4, 1998

Likewise, defendant has not established any prejudice. … improper grants of immunity].)

People v. Michaud CA3

California Court of Appeal · Apr 19, 2016

However, defendant failed to establish she is entitled to the relief she requests. … In this circumstance, defendant asserts she is entitled to have the excess incarceration credited against certain qualifying fines at a rate of $30 per day, for a total of $90 here.

People v. Bryden

63 Cal. App. 4th 159 · California Court of Appeal · Apr 16, 1998

Both Vandevort and Kathy were granted immunity for all nonviolent offenses in exchange for their cooperation. … The trial court concluded: “Well, the record should clearly reflect that I’ve examined these photographs very carefully.

People v. Cooks

141 Cal. App. 3d 224 · California Court of Appeal · Mar 25, 1983

The instruction clearly applied to the witnesses who were not accomplices. E. … He explained that he had denied any involvement in the Erakat murder because he had not been granted immunity, had been told he would not be granted immunity if he had killed anyone, and that he was afraid his parole would

Breaux v. Agricultural Labor Relations Board

217 Cal. App. 3d 730 · California Court of Appeal · Jan 29, 1990

Dispute has centered on the propriety of union expenditures, over a member’s objections, for activities which are neither clearly political nor clearly for collective bargaining, and on procedures by which objections may … Recognizing the practical difficulties a worker may encounter in attempting expeditiously to select a qualified arbitrator, we suggest it may be more satisfactory to provide that upon a worker’s appeal the American Arbitration

Antelope Valley Press v. Poizner

75 Cal. Rptr. 3d 887 · California Court of Appeal · Apr 30, 2008

Regarding the right to discharge at will without cause, that right is clearly given to AVP under the terms of the contracts. … Also, although the contract states a carrier has “the right to hire employees of his/her choosing and to [c]ontract with others to fulfill [the carrier’s] obligations under this Contract,” that right is qualified in several

In Re Estate of Odian

51 Cal. Rptr. 3d 390 · California Court of Appeal · Nov 28, 2006

He was qualified to assess dementia. On May 16, 2002, he visited Helen in her home. The visit was unannounced. Dr. … A "paid live-in caregiver" clearly provides social services within the meaning of section 21350(a) and is, therefore, a care custodian.