Case law

Anton's Services v. Hagen

California Court of Appeal · Nov 18, 2025

Separate from the Torrey pine work, Anton’s argues that its clearing and grubbing involved removal of a “small palm tree” that should qualify as Tree Maintenance work. … erroneously claimed to have worked on the Torrey Pines Road Project on April 16, 2018, in its certified payroll reports. “ ‘Failure to provide proper headings forfeits issues that may be discussed in the brief but are not clearly

In Re Estate of Roberson

126 Cal. Rptr. 2d 238 · California Court of Appeal · Oct 16, 2002

The Byrne case establishes the viability of causes of action such as appellant's. … Instead he wrote a will, consistent with his promises, which clearly expressed his intent and desire to leave everything to appellant.

People v. Superior Court (Sahlolbei) CA4/2

California Court of Appeal · Jan 20, 2016

Palo Verde Hospital (PVH) is a “district hospital” which qualifies as a public entity. At all relevant times, Dr. … The People have conceded that defendant “qualifies as an independent contractor under common law tort.”

Burroughs Corp. v. State Board of Equalization

153 Cal. App. 3d 1152 · California Court of Appeal · Mar 30, 1984

Second, because Burroughs engineering group was located in its manufacturing plants, and field engineers who installed the systems were not necessarily qualified to isolate and resolve the engineering or design problems, … Clearly some uses not excluded by a literal reading of section 6094 are not taxable.

Tran v. Farmers Group, Inc.

128 Cal. Rptr. 2d 728 · California Court of Appeal · Jan 27, 2003

However, even if we assume that the attomey-in-fact of a reciprocal insurer qualifies as an “insurance agent” (see § 31), section 1500 declares that Insurance Code provisions “regarding the appointment, licensing, qualification … Thus, the only undisputed facts respondents managed to establish is that they did not issue insurance policies in their own name to Tran, and that Tran’s claim was handled by exchange employees.

People v. Laws

120 Cal. App. 3d 1022 · California Court of Appeal · Jun 26, 1981

Superior Court (1965) 231 Cal.App.2d 587, 589 [ 42 Cal.Rptr. 68 ]: “Every statement in the document before us is declared ‘under penalty of perjury,’ and clearly is vouched for by declarant. … An inference is a deduction of fact that may logically and reasonably be drawn from another fact or group of facts established by the evidence.”

People v. Suen CA2/2

California Court of Appeal · Mar 18, 2014

A reviewer certified that the analyst was qualified and that established procedures had been followed. (Id. at p. 2711.) … Thus, this page clearly had as its primary purpose the contradiction of defendant’s testimony.

People v. Saucedo

California Court of Appeal · Apr 13, 2023

Thomas (2011) 51 Cal.4th 449, 495 (Thomas); see 27 also Morrison, supra, 34 Cal.4th at p. 718 [“a statement may qualify as spontaneous if it is undertaken without deliberation or … Riggs (2008) 44 Cal.4th 248, 304 [“[t]hese photographs were admissible to establish that the murder was premeditated and deliberate”]; People v.

In re N.L.

California Court of Appeal · Jul 21, 2022

“Malice in law” means an intent to do a wrongful act, established either by proof or presumption of law. (Ibid.) … “Moreover, neither the text nor the history of [Penal Code] section 1001.36 clearly indicates that the Legislature intended that the Estrada rule would not apply to this diversion program.” (Ibid.)

People v. Tellechea CA4/1

California Court of Appeal · Nov 30, 2023

establish the communication was not confidential or that the privilege does not for other reasons apply. … However, contrary to Matthew’s assertion and the People’s concession, the record clearly shows he was convicted of seven, and not six, offenses (i.e., counts 1, 2, 4, 6, 7, 12, & 13).

Allied Signal Aerospace v. Workers' Comp. Appeals Bd.

California Court of Appeal · Jun 5, 2019

Since this necessarily terminates the collateral proceedings pending before the appeals board, the issue whether the appeals board has jurisdiction over home health care for Wiggs qualifies as a threshold issue. … The 2012 stipulation was clearly executed and completed. Nothing in the 2012 stipulation indicates an ongoing agreement to use Nurse Mefford.

California Youth Authority v. State Personnel Board

128 Cal. Rptr. 2d 514 · California Court of Appeal · Dec 18, 2002

Clearly, SPB’s decision concerning Henderson’s dismissal fell within that description. (§§ 19578-19582 [statutory provisions for evidentiary hearing concerning disciplinary action of state employees].) … Thus, section 11405.50, subdivision (a), provides: “ ‘Decision’ means an agency action of specific application that determines a legal right, duty, privilege, immunity, or other legal interest of a particular person.”

People v. Melton

206 Cal. App. 3d 580 · California Court of Appeal · Dec 12, 1988

This court has summarized certain well established rules of statutory interpretation in Rushing v. … No reason exists in logic or law for denying Melton immunity.

People v. Snow CA1/2

California Court of Appeal · Dec 20, 2024

The second offense—and first qualifying predicate offense—occurred two years later, in April 1985, when Snow was 19 years old. … There is a “strong presumption that legislative enactments ‘must be upheld unless their unconstitutionality clearly, positively, and unmistakably appears. [Citations.]

Yelp Inc. v. Superior Court

California Court of Appeal · Nov 13, 2017

By contrast, he claims “publishers and distributors of online content,” are statutorily immune to such liability. (Citing 47 U.S.C. § 230, subd. (c)(1).) … Section 2017.010 and other statutes governing discovery ‘must be construed liberally in favor of disclosure unless the request is clearly improper by virtue of well-established causes for denial.’ [Citation.]

Los Angeles County Court Reporters Ass'n v. Superior Court

31 Cal. App. 4th 403 · California Court of Appeal · Jan 6, 1995

subdivision (c) (providing that deposition testimony “shall be taken stenographically and transcribed unless the parties agree otherwise”) do not explicitly proscribe the recording of a deposition by videotaping, the Legislature clearly … illness or injury, the need to transcribe notes of cases on appeal, or other cause beyond the court’s control; or “(2) when the court determines that the funds available for reporting services are insufficient to employ a qualified

City of Coronado v. San Diego Assn. of Governments

California Court of Appeal · Jun 20, 2022

The City of Irvine court reasoned that “the 2004 repeal of the judicial remedy reinforces our conclusion the Legislature clearly intended to eliminate judicial remedies for challenging a municipality’s RHNA allocation.” … and scope of a general plan’s housing element and the length and intricacy of the process created to determine a municipality’s RHNA allocation reflects a clear intent on the part of the Legislature to render this process immune

Stuard v. Stuard

California Court of Appeal · Mar 1, 2016

Troxel does not support defendant's suggestion that a fit parent's decisions are immune from judicial review. … The trial court qualified the order by noting it was “not imposing a quantitative measurement of participation (i.e., how many sessions).

Cal. Public Records Research, Inc. v. County of Alameda

California Court of Appeal · Jul 22, 2019

First, CPRR fails to establish the County’s calculation of recoverable “indirect costs” violates section 27366. … But according to qualified employees of the County, its calculation of indirect costs complies with applicable accounting standards, including the OMB Circular.

Garner v. BNSF Railway Co.

California Court of Appeal · Jan 4, 2024

Rather, the goal “is simply to exclude ‘clearly invalid and unreliable’ expert opinion.” (Ibid.) 2. … “The standard under FELA is a relaxed one,” and it is well established that the “evidence required to establish liability in an FELA case is much less than in an ordinary negligence action.” (Fair, at p. 275.)