Case law

D.A. McCosker Construction v. Dept. of Water Resources CA3

California Court of Appeal · Mar 6, 2023

Although this statute, consistent with section 7106, clearly contemplates that courts could suspend licenses, it does not purport to grant courts any authority at all. … The calculation for most of this amount— over $3,200,000—was established independent of Lash’s testimony.

Marriage of Pollard CA2/2

California Court of Appeal · May 27, 2026

However, the court determined that due to the mixed results of the litigation, neither party qualified as the prevailing party and rejected their requests for attorney fees. C. … It established the parties did not intend the MSA to be the final, complete, or exclusive expression of Eric’s child support obligations in the absence of Form FL-350. (See Code Civ.

Heenan v. Sobati

117 Cal. Rptr. 2d 532 · California Court of Appeal · Mar 7, 2002

The answer clearly is no. … NOTES [1] The opinion castigated Sobati for the "catastrophe" and the "disaster" he inflicted upon the Heenans: "This case is the classic example of an alleged contractor trying to pull off a job in which he was not qualified

People v. Lynch CA3

California Court of Appeal · Aug 24, 2021

One of the qualifying mental illnesses is schizoaffective disorder. (Id., subd. (b)(1)(A).) … Qualifying criteria include satisfying the court that “the defendant’s mental disorder was a significant factor in the commission of the charged offense[;]” securing the “opinion of a qualified mental health expert, [that

McNulty v. Southern Pacific Co.

96 Cal. App. 2d 841 · California Court of Appeal · Apr 7, 1950

“Numerous eases establish the rule that it is not error for a court to refuse to give a requested instruction if the subject matter thereof is substantially incorporated in the instructions given. … instructions are refused if the court, of its own motion or otherwise, correctly announces the substance of the law applicable to the case; this is true even though the requested charges state the principles involved more clearly

Ramona Manor Convalescent Hospital v. Care Enterprises

177 Cal. App. 3d 1120 · California Court of Appeal · Feb 6, 1986

However, Care failed to quote another passage found in the same section and the same comment which qualifies the portion it did quote and which seems to us dispositive of the point: “The rule does not require, however, that … The record clearly indicates the court understood the law to be applied and then took time to consider the matter and exercise its discretion. We do not interpret Green and its progeny as requiring anything more.

People v. Blake

11 Cal. Rptr. 3d 678 · California Court of Appeal · Apr 16, 2004

However, because the victim suffered no lasting harm, and because the trial court was entitled to apply the rule of lenity in interpreting sentencing provisions, the appellate court upheld the trial court’s ruling as not clearly … The evidence in the present case also establishes appellant intended to, and did, use the chemical spray to immobilize and temporarily disable his victims in order to escape with the loot.

People v. Sanders

75 Cal. App. 3d 501 · California Court of Appeal · Nov 29, 1977

On redirect examination, the prosecutor attempted to establish that Ware had lied because he was afraid that if he admitted the extent of his involvement in the crime, particularly carrying a handgun, he could be retried … Officer Reynolds’ extrajudicial statements admitted via the tape and transcript clearly do not qualify. The People argue that the officer’s narrative statements were admissible as adoptive admissions (Evid.

People v. Herrera

California Court of Appeal · May 22, 2024

Counsel continued, “The Court could also state clearly . . . … Clearly, the leniency note itself did not harm Herrera.

Global Hawk Insurance v. Le

225 Cal. App. 4th 593 · California Court of Appeal · Apr 14, 2014

’s theories and establishing that the action was without merit.’ … And again, Le was told point blank by Vu that he did not qualify for worker’s compensation. There are, in short, triable issues of fact whether either of the exclusions Global Hawk relied on applies.

In re L.J. CA3

California Court of Appeal · Aug 19, 2025

sought to establish a relationship with L.J. through their five visits following his release from prison. … Instead, a ruling on a section 388 petition is “ ‘committed to the sound discretion of the juvenile court, and the trial court’s ruling should not be disturbed on appeal unless an abuse of discretion is clearly established

Realty Projects, Inc. v. Smith

32 Cal. App. 3d 204 · California Court of Appeal · May 9, 1973

They argue that this fact establishes a failure of proof of the causation which the court found. We disagree. … Such insurance was clearly excessive in cost.

Carrera v. Maurice J. Sopp & Son

177 Cal. App. 4th 366 · California Court of Appeal · Sep 3, 2009

Sopp filed a motion for summary judgment, which alleged plaintiffs could not establish the elements of duty or causation. … When the defendant is the moving party, it has the burden of demonstrating that one or more elements of the plaintiff’s cause of action cannot be established, or by establishing a complete defense to the cause of *377 action

Rodriguez v. Colorado CA2/7

California Court of Appeal · Jul 3, 2023

property or to overcome qualified immunity for a dangerous intersection. … Lispi (2014) 224 Cal.App.4th 93 explained “an injured plaintiff bears the entire risk of loss for any unpaid noneconomic damages attributable to a tortfeasor who has not been sued or is statutorily immune.”

LNSU 1, LLC v. Alta Del Mar Coastal Collection Community Assn.

California Court of Appeal · Aug 25, 2023

To decide whether appellants’ action qualifies as any of the quoted terms, we shall apply the Smith court’s definitions. … without foundation when brought, or the plaintiff continued to litigate after it clearly became so.” (Williams v. Chino Valley Independent Fire Dist. (2015) 61 Cal.4th 97, 101, 115, italics added; accord, Pollock v.

DiMacali v. People CA4/1

California Court of Appeal · Oct 1, 2014

The court clearly found the offense was committed as a result of sexual compulsion or for purposes of sexual gratification. … Given the circumstances, Dimacali has not established that he poses a minimal risk of reoffending, or that the court imposed the registration requirement arbitrarily, capriciously or in a manner that resulted in

Center for Biological Diversity v. Cal. Dept. of Forestry etc.

California Court of Appeal · Dec 30, 2014

What Center for Biological Diversity clearly did not do is relax in any manner the substantive requirements to obtain writ relief under Code of Civil Procedure section 1085. … Fish and wildlife resources clearly are protected by both statute (Fish & G. Code, § 711.7, subd.

Heenan v. Sobati

96 Cal. App. 4th 995 · California Court of Appeal · Mar 7, 2002

The answer clearly is no. … The opinion castigated Sobati for the “catastrophe” and the “disaster" he inflicted upon the Heenans: “This case is the classic example of an alleged contractor trying to pull off a job in which he was not qualified to do

Johnson v. Milestone Financial CA3

California Court of Appeal · Oct 14, 2022

Generally, arbitration awards are immune from review, and the grounds for challenging arbitration awards are limited. Errors of fact and law are not reviewable, with few exceptions. (Id. at p. 11.) … Daniel argues the state’s elder abuse laws establish a well-defined public policy violated by the arbitration panel.

People v. Wilson CA5

California Court of Appeal · May 16, 2024

Rather, “defendant is clearly recidivist.” … To achieve this end, ‘the Three Strikes law … establishes a sentencing requirement to be applied in every case where the defendant has at least one qualifying strike, unless the sentencing court “conclud[es] that an exception