Case law

People v. Sandoval CA2/2

California Court of Appeal · Sep 26, 2024

“Section 1172.6 provides a mechanism whereby people ‘who believe they were convicted of murder for an act that no longer qualifies as murder following the crime’s redefinition in 2019[] may seek vacatur of their murder conviction … our Supreme Court explained in Lewis, “[t]he record of conviction will necessarily inform the trial court’s prima facie inquiry . . . allowing the court to distinguish petitions with potential merit from those that are clearly

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

Mt. Hawley Ins. Co. v. Lopez

California Court of Appeal · May 29, 2013

Thus, “„[w]hile punctuation and grammar should be considered in interpreting a statute, neither is controlling unless the result is in harmony with the clearly expressed intent of the Legislature.‟” (Zanone v. … There is no comma in section 533.5, subdivision (b), between the two antecedents and the qualifying phrase.

Kazensky v. City of Merced

76 Cal. Rptr. 2d 356 · California Court of Appeal · Jun 24, 1998

Mileur’s termination clearly was not the result of this single incident, however. II. … Pinhey: I would agree with that statement but I will qualify it again. “Attorney Bonsall: With what is reasonable? “Mr. Pinhey: Yes. “Attorney Bonsall: Okay. Now, let me go on to one other thing.

City of Glendale v. Crescenta Mutual Water Co.

135 Cal. App. 2d 784 · California Court of Appeal · Sep 30, 1955

And section 12: “Whenever the Council shall determine that the public interest demands an expenditure for municipal purposes, which cannot be provided for out of the ordinary revenue of the City, it may submit to the qualified … No. 8, 156 Cal. 27 [ 103 P. 227 24 L.R.A.N.S. 372 ], 6 Ordinance 2559 was amended on April 29,1954, by Ordinance No. 2686, which changed the definitions so as to clearly include a mutual water company whether owner or mere

Johar v. Cal. Unemployment Ins. Appeals Bd.

California Court of Appeal · Oct 11, 2022

. [¶] As of now, you do not qualify. [¶] Please stop. We’re done here. … And to the extent there was an informal leave protocol established by the parties’ prior conduct, Johar followed it.

Horvath v. Brady CA6

California Court of Appeal · Aug 12, 2025

by establishing a probability of success.” … So long as the communication has “ ‘some relation to judicial proceedings[,]’ ” it is “ ‘absolutely immune from tort liability’ by the litigation privilege.” (Rusheen, supra, 37 Cal.4th at p. 1065.)

Kirk v. First American Title Insurance

183 Cal. App. 4th 776 · California Court of Appeal · Apr 7, 2010

Thereafter, Koski established an ethical screen around Cohen. … Clearly, the safest approach would have been for Sonnenschein to screen Cohen completely from the First American team and all First American cases.

People v. Lopez CA5

California Court of Appeal · Apr 11, 2022

Lopez asserts evidence establishes four of the six criteria in section 1001.36, subdivision (b)(1), were satisfied. Specifically, she asserts she suffers from a qualifying mental illness (§ 1001.36, subd. … Thus, multiple aggravating circumstances were duly established.

Tucker v. Pacific Bell Mobile Services

208 Cal. App. 4th 201 · California Court of Appeal · Aug 7, 2012

Our Supreme Court has clearly recognized the substantial benefits inherent in consumer class actions. (See Vasquez, supra, 4 Cal.3d at pp. 807-810.) … The pleadings and declarations are records of a court of this state and therefore qualified for permissive judicial notice under Evidence Code section 452, subdivision (d).

People v. Lewis

74 Cal. App. 4th 662 · California Court of Appeal · Aug 25, 1999

In light of Griffin , *671 Tyrell J., and Reyes , the privacy interest affected must be regarded as extremely modest, drawing the line only at intrusions that qualify as arbitrary, capricious, or intended only to harass. … Officer Grubensky’s entry clearly was not arbitrary, capricious, or undertaken for the purpose of harassing defendant.

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.

Western States Petroleum Ass'n v. South Coast Air Quality Management District

39 Cal. Rptr. 3d 354 · California Court of Appeal · Feb 15, 2006

While all the manufacturers hedged and qualified their responses, none stated the rule’s requirements could not be met. … An EA is only required to address “significant or potentially significant effects” a project might have on the environment. 28 Clearly, a technology no one intends to use cannot have a “significant or potentially significant

Moret v. Mahmoud CA1/5

California Court of Appeal · May 17, 2013

The petitioner bears the burden of establishing his or her case by a preponderance of the evidence. (Id. at p. 138.) … Likewise, we cannot infer bias on the part of the trial court without it being clearly established by an objective 6 standard. (People v.

People v. Archuleta

California Court of Appeal · Apr 11, 2014

Pablo (10th Cir. 2012) 696 F.3d 1280. 1286-1293 [there are no “clearly established bright line parameters” for determining when expert testimony violates Crawford].) … This court’s 2005 decision in Thomas and decisions in accord with Thomas must be qualified in the same manner as Gardeley.

Mendoza v. State

57 Cal. Rptr. 3d 505 · California Court of Appeal · Apr 17, 2007

system and the state education department.’ ”, (Id. at p. 754.) .He relied on article IX, section 2 of the California Constitution, which provides as follows: “A Superintendent of Public Instruction shall be elected by the qualified … O’Connell are clearly distinguishable from this case.

Jeffrey v. Kleefeld CA6

California Court of Appeal · May 7, 2013

Since Jeffrey was bound by these admissions, he could not establish that Kleefeld‟s alleged 1987 funding promise was made without consideration. … The undisputed facts established that Gonsenhauser did not qualify as a dependent under Atoms‟s insurance policy.

Environmental Health Advocates, Inc. v. Pancho Villa's, Inc.

California Court of Appeal · Feb 20, 2026

Factual information sufficient to establish the basis of the certificate of merit . . . shall be attached to the certificate of merit that is served on the Attorney General.” (§ 25249.7, subd. (d)(1).) … We accord “an administrative agency’s interpretation of its own regulation great weight and deference, unless the interpretation is unauthorized or clearly erroneous.” (Manderson-Saleh, supra, 60 Cal.App.5th at p. 697.)

AMN Healthcare, Inc. v. Aya Healthcare Services, Inc.

California Court of Appeal · Nov 1, 2018

This provision clearly restrained individual defendants from practicing with Aya their chosen profession — recruiting travel nurses on 13-week assignments with AMN. … [I]n order to qualify as a trade secret, the information 'must be secret, and must not be of public knowledge or of a general knowledge in the trade or business.' " (DVD Copy Control Assn., Inc. v.

In re Mia M.

California Court of Appeal · Mar 1, 2022

A biological father is one whose paternity of the child has been established, but who has not established that he qualifies as the child’s presumed father under Family Code section 7611. 9 In his opening brief, father … have established paternity and asserted parental rights.