Case law

Magee v. Wyeth Laboratories, Inc.

214 Cal. App. 2d 340 · California Court of Appeal · Mar 22, 1963

Thus viewed it clearly was well taken. … Keith Ditman, is a highly qualified expert, as appears from his preliminary testimony.

Wells Fargo Bank v. 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.

Alfaro v. Terhune

120 Cal. Rptr. 2d 197 · California Court of Appeal · May 16, 2002

A statutory scheme may not be held to be unenforceably vague unless such vagueness “clearly, positively and unmistakably appears.” (Rutherford v. State of California, supra, 188 Cal.App.3d at p. 1276 .) … It establishes the uses to which the information obtained may and may not be put. (§§ 295, subd. (c), 299.5, 299.6.)

In re M.H. CA4/2

California Court of Appeal · May 9, 2025

Applicable Law "ICWA establishes minimum federal standards that a state court must follow before removing Indian children from their families. [Citation.] … We note that mother’s claim regarding her cousin A.V. also has merit since she clearly qualifies under the provision that specifies that the duty to inquire includes “others who have an interest in the child.” (§ 224.2

Buehler v. Bassett

68 Cal. App. 270 · California Court of Appeal · Jul 30, 1924

This language clearly indicates an intention on the part of. the grantor to limit a life estate in said Joseph M. … But there is clearly *289 no force in this position.

People v. Chung

California Court of Appeal · Jun 9, 2015

Farnam (2002) 28 Cal.4th 107, 162 [defendant forfeited claim that expert was not qualified to testify on one topic where his objection was to expert’s qualification on a different topic].) … “‘Error regarding a witness’s qualifications as an expert will be found only if the evidence shows that the witness “‘“clearly lacks qualification as an expert.”’”’ [Citations.]” (People v.

People v. Rutherford CA4/2

California Court of Appeal · Dec 23, 2020

Each alleges that: Rutherford is a California resident with a qualified ADA disability (see 42 U.S.C. § 12102(2)); Rutherford attempted to visit the businesses of the defendant(s) in the ADA lawsuits on certain dates or … As noted, defendants’ alleged misconduct is not immunized by application of the litigation privilege to this lawsuit.

Nichols v. Alghannam

California Court of Appeal · Feb 18, 2026

The trial court sustained Alghannam’s demurrer on the grounds that plaintiffs’ negligence causes of action were time-barred and their complaint failed to allege conduct that qualified as elder abuse. … Rocha (1971) 3 Cal.3d 893, 899, fn. 12 [“ ‘It has long been established, both in tort and criminal law, that “the least touching” may constitute battery.

Tornai v. CSAA Insurance Exchange CA1/2

California Court of Appeal · Dec 18, 2023

However, regardless of what caused their failure to reach an agreement over the $30,451.98, defendant and plaintiff clearly did not reach an agreement as to that amount. … In the absence of any exception (which plaintiff has failed to establish, as concluded above), and regardless of whether plaintiff filed an action asserting bad faith claims, the trial court was required under Code of Civil

Garcia v. Santana

174 Cal. App. 4th 464 · California Court of Appeal · May 28, 2009

Superior Court (1965) 63 Cal.2d 153 [ 45 Cal.Rptr. 320 , 403 P.2d 728 ], where the court faced the issue of whether a plaintiff, who otherwise qualified for in forma pauperis relief, could nonetheless be denied such relief … Here, the trial court did consider those financial circumstances, but did not clearly consider all of the other circumstances in setting the amount of fees.

Staublein v. Wells Fargo Bank N.A. CA4/2

California Court of Appeal · Jul 21, 2022

A defendant satisfies this burden by showing one or more elements of the cause of action in question cannot be established or there is a complete defense to that cause of action. … In Staublein’s case, her relevant wage statements accurately and clearly identified her Regular Pay rate of $22.273855.

Soto v. Walmart CA5

California Court of Appeal · Feb 4, 2025

As is relevant to the case before us, “[t]he term ‘qualified civil liability action’ means a civil action … brought by any person against a … seller of a qualified product … for damages, … or other relief, resulting from … When applicable, the negligence per se doctrine only establishes a presumption of negligence.

Autolino v. Thomas CA4/1

California Court of Appeal · May 22, 2025

“This was clearly in violation of the ‘no contact order,’ ” so she “immediately contacted Agent Galbraith.” Days later, “parole communicated that Mr. Thomas . . . … To qualify as a “course of conduct” within the meaning of section 527.6, activity must amount to “a pattern of conduct composed of a series of acts over a period of time . . . evidencing a continuity of purpose, including

Valdes v. Cory

139 Cal. App. 3d 773 · California Court of Appeal · Feb 9, 1983

In consequence, the Legislature established the State Employees’ Retirement *781 System, effective January 1, 1932. (Stats. 1931, ch. 700, § 25.) … In addition, the State, as your employer, contributes a substantial amount on your behalf each month.” 7 The Director of Finance contends that the state’s fiscal crisis qualifies as a “contingency” within the meaning of former

People v. Bambino CA3

California Court of Appeal · Sep 7, 2016

So clearly that is less than $950.” … It found that the factual basis for the plea established that defendant intended to commit “ ‘any felony,’ which is clearly not within the provisions of Penal Code [section] 459.5.”

People v. Scarano CA2/5

California Court of Appeal · Jul 17, 2024

The uncontroverted facts in the conviction record leave no room to infer that the People were pursuing a theory under 3 A probable cause finding at a preliminary hearing may be based on the testimony of a qualified … The uncontradicted facts in the record of conviction “make impossible[, i.e., directly contradict,] the third allegation” necessary to establish a prima facie case.

People v. Sorden

California Court of Appeal · Jun 15, 2021

As we explain, Appellant did not meet his burden of establishing reversible error. … (c)(4)), “courts may not insert qualifying provisions not intended by the Legislature.” (People v. Goodson (1990) 226 Cal.App.3d 277, 281-282; see City of Cotati v.

City of Indian Wells v. Lawellin CA4/2

California Court of Appeal · Jun 11, 2015

Defendants’ hedge does not qualify as a permissible nonconforming land use. … Defendants have not established error in awarding the City $97,835.84 in attorney fees and costs.

CREED-21 v. City of San Diego

California Court of Appeal · Feb 18, 2015

In comparison, the revegetation plan proposed to install native plants, thereby clearly improving the physical conditions at the site. … The parties do not dispute that an ordinance properly adopted by City qualifies for such judicial notice.

Nichols v. Alghannam

California Court of Appeal · Mar 6, 2026

The trial court sustained Alghannam’s demurrer on the grounds that plaintiffs’ negligence causes of action were time-barred and their complaint failed to allege conduct that qualified as elder abuse. … Rocha (1971) 3 Cal.3d 893, 899, fn. 12 [“ ‘It has long been established, both in tort and criminal law, that “the least touching” may constitute battery.