Case law

White v. Davis

121 Cal. Rptr. 2d 51 · California Court of Appeal · Aug 14, 2002

these contentions is guided by the principle that "in interpreting modern constitutions, their provisions will be presumed to be self-executing and to be given effect without legislation, unless a contrary intention is clearly … Maine (1999) 527 U.S. 706, 754 , 119 S.Ct. 2240 , 144 L.Ed.2d 636 ), and that California has not waived this immunity ( Baird v. Kessler (E.D.Cal.2001) 172 F.Supp.2d 1305, 1312 ).

In Re KF

173 Cal. App. 4th 655 · California Court of Appeal · Apr 29, 2009

He expressed "our belief and a lay belief but I think a reasonable reading that the medical procedure used in this particular instance was clearly an over[-]treatment for a broken finger. [¶] Such things occur and are commonplace … We will direct its correction. [3] We qualify this statement only to acknowledge that an administrative agency's interpretation of a law within its special purview may be entitled to appellate deference.

People v. Miranda

California Court of Appeal · Mar 18, 2021

“‘It has long been established that “the least touching” may constitute battery. … The evidence supporting the “unconsciousness” element consisted only of S.C.’s testimony, and the testimony does not clearly establish that S.C.

People v. Kamson CA2/2

California Court of Appeal · Aug 18, 2023

Despite defendant’s argument on appeal that the jury “clearly [was] left to speculate as to what other incidents” involving defendant were “floating out there,” there was no danger that the jury could have thought there was … Based on what Romero observed, the entire battery occurred after Romero left (because finding defendant with his hands on Jennifer’s breasts or his fingers inside her vagina would have qualified as “unusual”), so defense

Ellis v. Toshiba America Information Systems., Inc.

218 Cal. App. 4th 853 · California Court of Appeal · Aug 7, 2013

Thus, the court‘s fee award ―‗will not be disturbed unless the appellate court is convinced that it is clearly wrong.‘‖ (Serrano v. Priest (1977) 20 Cal.3d 25, 49.) … Second, Toshiba argues that SLO‘s staff are not qualified paralegals under California law, and therefore the trial court erred in awarding fees for their work.

People v. Ocegueda

California Court of Appeal · Jun 14, 2023

The information also alleged that Ocegueda personally used a knife in the commission of the murder for purposes of Penal Code section 12022, subdivision (b)(1), and that he had sustained a prior conviction that qualified … To establish ineffective assistance of counsel, a “[d]efendant must show that counsel’s performance was both deficient and prejudicial . . . .” (People v. Castillo, supra, 16 Cal.4th at pp. 1014-1015.)

Myers v. Board of Equalization

240 Cal. App. 4th 722 · California Court of Appeal · Sep 25, 2015

) under former Revenue and Taxation Code section 23701.3 According to the FTB 3 Former Revenue and Taxation Code section 23701, like the current iteration of the statute, provides tax exempt status for certain qualifying … He added, however, that he “contends those statutes are unconstitutional to the extent they immunize [Real Parties] from premium tax.” 12 (3) Real Parties’ standing arguments

McBride v. Smith

California Court of Appeal · Jan 4, 2018

This is not to say that the Smiths are immune from nuisance liability for interfering activities within the easement. … “The elements necessary to establish a prescriptive easement are well settled.

Daniels v. Select Portfolio Servicing, Inc.

246 Cal. App. 4th 1150 · California Court of Appeal · Apr 26, 2016

The plaintiff bears the burden of establishing that it could have amended the complaint to cure the defect.” (Berg & Berg Enterprises, LLC v. … Murphy (2008) 164 Cal.App.4th 376, 401 [“Clearly a former judgment is not a collateral estoppel on issues which might have been raised but were not”].)

People v. Walker CA2/2

California Court of Appeal · Feb 24, 2014

It would have corroborated the independent witness’s testimony that Williams was hitting defendant in the head and established self-defense. … Moreover, counsel was clearly reluctant to show the booking photograph (which is not contained in the record) to the jury.

P. v. Bucio CA2/6

California Court of Appeal · Apr 25, 2013

Vasquez noted that he was testifying under a grant of immunity. … Accordingly, the trial court left it to the jury to decide whether Vasquez qualified as an "accomplice" whose testimony required corroboration. B.

Hartford Casualty Insurance v. Travelers Indemnity Co.

2 Cal. Rptr. 3d 18 · California Court of Appeal · Jul 16, 2003

Superior Court (1992) 10 Cal.App.4th 1484 [ 13 Cal.Rptr.2d 624 ] (Peter Culley) establishes a lack of coverage. … According to Hartford, those allegations establish that MPOC alone was liable for the alleged injury.

The Protect Our Communities Foundation v. City of San Deigo CA4/1

California Court of Appeal · Jun 25, 2026

In March 2021, Mayor Gloria issued new invitations for any qualified company to bid on the gas and electric franchises. … The court rejected this argument, concluding that the language (“approved by a majority vote”) “clearly and unambiguously means that approval of a local government’s imposition or increase of any general tax requires only

U.D. Registry, Inc. v. State

50 Cal. Rptr. 3d 647 · California Court of Appeal · Oct 30, 2006

If the information is not released, the identity thief will not be able to establish credit in the consumer’s name.” (Assem. Com. on Judiciary, Analysis of Sen. Bill No. 168 (2001-2002 Reg. … Our Division Eight colleagues held that Family Code section 2024.6 was invalid because: the First Amendment provides a qualified right of access to court records in marital dissolution litigation; the privacy interests protected

The Protect Our Communities Foundation v. City of San Deigo CA4/1

California Court of Appeal · May 26, 2026

In March 2021, Mayor Gloria issued new invitations for any qualified company to bid on the gas and electric franchises. … The court rejected this argument, concluding that the language (“approved by a majority vote”) “clearly and unambiguously means that approval of a local government’s imposition or increase of any general tax requires only

People v. Pierce

California Court of Appeal · Aug 2, 2019

Monica Murphy, previously a physician, was granted use immunity upon the prosecutor’s request before her testimony. … The insurance companies clearly qualify for restitution in the instant case, as each is a “victim” as defined by statute. (See § 1202.4, subd.

West Coast Home Improvement Co. v. Contractors' State Licence Board

72 Cal. App. 2d 287 · California Court of Appeal · Dec 26, 1945

It is established law that there is no constitutional privilege for an officer of a corporation as such to refuse to testify. (United States v. … The object of establishing the Contractors’ State License Board arid vesting in the registrar of contractors disciplinary powers is for the protection of the public.

Zeidenfeld v. Stetler CA2/1

California Court of Appeal · Oct 24, 2022

As to step two—whether plaintiff has established with admissible evidence, a “probability” of prevailing on his claims (Code Civ. Proc., § 425.16, subd. … Walsh (2013) 219 Cal.App.4th 855, 864 [online commentators are not immune from defamation liability]; ZL Technologies, Inc. v.

People v. Mani

California Court of Appeal · Sep 30, 2021

Consequently, the prior incidents at issue here qualify as domestic violence within the meaning of section 1109, as defined Family Code section 6211. … Here, the prior acts are materially similar, and in almost every case, clearly less inflammatory, than the charged offenses.

People v. Johnson

43 Cal. Rptr. 3d 587 · California Court of Appeal · May 25, 2006

Once a candidate list was produced, he explained, it would remain necessary for a qualified expert to make a visual comparison to determine the existence of a match. … And once an individual has been convicted of a crime or crimes, and has been incarcerated in a penal institution, his or her identity clearly becomes a matter of interest to prison officials. . . .