Case law

Kalin v. Humboldt County Public Defender's Office CA1/1

California Court of Appeal · Feb 3, 2026

Regents of University of California (2000) 88 Cal.App.4th 52, 69 [(Morgan)], the court found pretext where an employer deviated from established hiring procedures by manipulating job requirements to exclude a qualified candidate … He clearly could have. He’s just—he had his own animus, and he was acting out of, you know, disdain for Mr.

Ryan v. California Interscholastic Federation

114 Cal. Rptr. 2d 787 · California Court of Appeal · Dec 24, 2001

In other words, an attorney fees award under section 1021.5 will only be reversed where “ ‘it is clearly wrong or has no reasonable basis.’ [Citation.]” (Gregory v. … Nor has Ryan established that the cost of his victory transcended his personal interest in pursuing the litigation.

Redevelopment Agency of San Diego v. Mesdaq

65 Cal. Rptr. 3d 372 · California Court of Appeal · Aug 31, 2007

The amount of the deposit must be based on an appraisal of an expert qualified to express an opinion as to the value of the property and must be supported by a written statement of, or summary of the basis for, the appraisal … Thus, as the Law Revision Commission comment to the statute makes clear, section 1263.130 establishes the date of valuation only *1126 “where that date is not established by an earlier deposit (Section 1263.110).” (Cal.

Reddy v. Unifactor Corp. CA2/1

California Court of Appeal · Mar 23, 2026

The trial court granted nonsuit to the district as to the claims for nuisance and trespass based on immunity. A jury found in the district’s favor on the plaintiffs’ negligence claim. … Otherwise, don’t bring the case”; (2) “Clearly, we didn’t have a table”; and (3) there was no evidence “they inspected [the] two tables in the case.” Reddy cites Jackson v.

Lisec v. United Air Lines, Inc.

85 Cal. App. 3d 969 · California Court of Appeal · Oct 30, 1978

The evidence clearly shows that United had already received many Suggestions from its employees on Suggestion Forms, and by letters from others, suggesting substantially the same reduced fare liberalization urged by appellants … We, therefore, conclude that there was no substantial evidence supporting a finding that appellants qualified for a regular award or punitive damages and that there is no contractual basis for an Impetus Award.

Aetna Casualty & Surety Co. v. Aceves

233 Cal. App. 3d 544 · California Court of Appeal · Aug 16, 1991

Proc., § 389.) 7 A trial court’s exercise of its discretion under section 1061 will be upheld on appeal unless an abuse of discretion is clearly shown. … In our view, such qualifying remarks made Chesler’s deposition testimony ambiguous, but did not necessarily establish that Chesler was incompetent to testify about the substance of his conversations. 9 Although both parties

In re Angel K. CA2/5

California Court of Appeal · May 1, 2015

Father was subsequently found not to qualify for the latter services. … The social worker shall have the burden of establishing that detriment. . . .

JONATHAN L. v. Superior Court

165 Cal. App. 4th 1074 · California Court of Appeal · Aug 8, 2008

In their letter brief, they expressed their opinion that, “it is legally permissible for [parents] to qualify as a private school and teach their children in their own home.” … Thus, the level of scrutiny to which alleged violations of the parental liberty interest in directing the education of one’s children are subject is not clearly established.

Von Borstel v. Von Borstel CA2/3

California Court of Appeal · Dec 21, 2022

, after the court announced its ruling, plaintiff’s counsel sought to clarify the scope of the immunity ruling. … Evans (1944) 66 Cal.App.2d 677, 684 [“[n]o particular form of words need be used to establish a trust”].)

Michels v. Watson

229 Cal. App. 2d 404 · California Court of Appeal · Aug 31, 1964

"Courts of justice are established not only to decide upon the controverted rights of the citizens as against each other, but also upon rights in controversy between them and the Government...." … The present State Board of Equalization shall continue in office until their successors, as herein provided for, shall be elected and shall qualify.

Sheremetiev v. County of Los Angeles CA2/1

California Court of Appeal · Feb 3, 2025

The County is statutorily immune from direct liability to a prisoner for medical negligence, however. (See Gov. Code, § 845.6.) … Cardenas and Mbi, by contrast, are not statutorily immune to a medical malpractice claim by a prisoner. (See Gov.

People v. Reingold

87 Cal. App. 2d 382 · California Court of Appeal · Sep 2, 1948

Appellant concedes that the evidence in the case at bar clearly established without contradiction that defendants Albert Greenburg and Joe Miller committed the offense of robbery as charged in count I of the indictment, and … That it is further clearly established, in view of the plea of guilty of the eodefendant Gail Reingold to this charge of robbery, that he was equally guilty of the same with the said two eodefendants Greenburg and Miller.

DEPARTMENT OF INDUS. REL. v. Fidelity Roof Co.

60 Cal. App. 4th 411 · California Court of Appeal · Dec 23, 1997

The original contractor and all subcontractors on a qualifying public works project 4 are required to pay prevailing rates of wage. (§§ 1771, 1774.) … The statute clearly indicates the limitations period will begin to run from the later of two events.

P. v. Wiley CA5

California Court of Appeal · Mar 6, 2013

An abstract of judgment establishes the “least adjudicated elements” of the charged offense. (People v. Rodriguez (1998) 17 Cal.4th 253, 261.) … Equarte (1986) 42 Cal.3d 456, 460 [defendant’s personal use of a firearm was adequately established because the evidence at trial “clearly demonstrated that there had been no accomplice”].)

People v. Marroquin CA2/7

California Court of Appeal · Nov 5, 2024

We agree with the parties, and with our Third District colleagues, that “section 1473.7 now 4 clearly permits relief to defendants who were convicted after a trial.” … (d); see Fryhaat, supra, 35 Cal.App.5th at p. 977 [“the plain language of section 1473.7, subdivision (d), establishes that a moving party is entitled to a hearing”].)

People v. Hall CA4/2

California Court of Appeal · Oct 15, 2013

She looked over (or through) the wall and clearly saw the spa area in the Halls’ backyard. … And I did hear her and made a decision she was qualified.”

Douglass v. Serenivision, Inc.

California Court of Appeal · Feb 8, 2018

First, Douglass’s conduct establishes, under the above-cited precedent, his consent to have the arbitrator decide which disputes are arbitrable. … Third, our conclusion that Douglass’s conduct in this case qualifies as consent affirms that the test for waiving resolution of an issue in a judicial forum by conduct fits where it should in the hierarchy of tests used to

Sean & Shenassa v. Chicago Title Co. CA4/1

California Court of Appeal · Oct 31, 2014

Further, S&S takes issue with the instruction providing the elements S&S must establish to prove negligent performance of the escrow contract because that instruction combined the elements of causation and damages by stating … On the other hand, a jury instruction which is incomplete or too general must be accompanied by an objection or qualifying instruction to avoid the doctrine of waiver." (Bishop v.

Food & Water Watch v. Metropolitan Water Dist. Etc. CA2/3

California Court of Appeal · Mar 17, 2021

If the action is not challenged within 60 days, it becomes “immune from attack whether it is legally valid or not.” (Davis v. Fresno Unified School District (2020) 57 Cal.App.5th 911, 928.) … That is, it permits, but does not require, Metropolitan to submit to its voters a proposition to incur qualifying bonded indebtedness.

Upasani v. State Farm General Ins. Co. CA4/3

227 Cal. App. 4th 509 · California Court of Appeal · Jun 6, 2014

The Upasanis failed to establish a triable issue of material fact. … The implication of this conclusion is set forth clearly in a leading insurance treatise: “Arguably, if the insured’s conduct is otherwise covered by a [commercial general liability] policy, claims for emotional distress alone