Case law

Thayer v. Kabateck Brown Kellner LLP

207 Cal. App. 4th 141 · California Court of Appeal · May 30, 2012

Thayer, explaining the distribution and allocation of the settlement proceeds as established by the special master appointed by the steering committee. … This includes qualifying acts committed by attorneys in representing clients in litigation. (See, e.g., Chavez v. Mendoza (2001) 94 Cal.App.4th 1083, 1086 [ 114 Cal.Rptr.2d 825 ]; Dowling v.

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.

Applied Materials v. Workers' Comp Appeals Board

California Court of Appeal · Jun 1, 2021

Massey’s conduct was “clearly not within the bounds of appropriate ethical behavior.” … Sidle was not qualified to opine that Worker could not compete in the labor market since he was not a vocational expert. We agree.

People v. Garamallo CA5

California Court of Appeal · Mar 19, 2026

On appeal, defendant claims he was entitled to a full resentencing under the current Three Strikes law because several of his three strike offenses no longer qualify. … Unless the trial court articulated reasons why the defendant fell outside the Three Strikes scheme, the law excluded discretionary choice; establishing requirements to be applied in every case. (People v.

In Re Christopher C.

182 Cal. App. 4th 73 · California Court of Appeal · Feb 22, 2010

What the court does know, and what the court can say very clearly in this case, is that there is a severe dysfunction in this family between the mother and the father. … The evaluator *85 recommended that all participate in mental health counseling with a therapist qualified to work with children who have reported sexual abuse.

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.”

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.

Highland Park Heritage Trust v. City of Los Angeles CA2/2

California Court of Appeal · Feb 18, 2014

The Collection itself does not qualify as a historical resource under CEQA. … First, the Collection clearly constitutes a significant resource in a cultural context and a historical sense.

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. Rubio CA5

California Court of Appeal · May 25, 2022

Garcia subsequently was arrested and charged with Morales’s murder, and later was granted immunity and gave a statement regarding the circumstances of the crime. … Finally, the bill added section 1170.95 to provide a procedure for those convicted of a qualifying offense “to seek relief under the two ameliorative provisions above.” (Gentile, at p. 843.)

Marriage of Antoniadis CA4/1

California Court of Appeal · Feb 19, 2016

We are constrained to apply established rules in this context. B. … He cannot show error in the trial court's conclusion that the writings in evidence did not clearly and unambiguously establish an intent to change the characterization or ownership of the residence as separate property.

Urani v. PNC Bank CA1/5

California Court of Appeal · Jul 28, 2023

Among other grounds, it argued Urani failed to allege any material violation of the Homeowner Bill of Rights and failed to allege standing under the unfair competition law because she did not clearly allege she qualified … Second, the servicer must establish a single point of contact responsible for ensuring the borrower is considered for available foreclosure alternatives (§ 2923.7, subd.

Ghobrial v. Long Beach Memorial Medical Center CA2/3

California Court of Appeal · Apr 9, 2026

by awarding Scherer sanctions.6 Section 2023.030, subdivision (a) provides for the award of sanctions against a party who has misused the 5 Ghobrial suggests that Scherer took inconsistent positions by “claim[ing] immunity … Watchtower Bible & Tract Society of New York, Inc. (2017) 16 Cal.App.5th 1246, 1269.) “ ‘Substantial justification means clearly reasonable justification that is well grounded in both law and fact.’ ” (Rodriguez, at p. 810

Westlands Water District v. All Persons Interested etc. CA5

California Court of Appeal · Aug 2, 2024

The party seeking an award under section 1021.5 has the burden to establish all applicable elements. (Vosburg v. County of Fresno (2020) 54 Cal.App.5th 439, 450.) … Thus, defendants’ actions clearly benefitted the general public, or at least a large number of people.”

People v. Reed CA5

California Court of Appeal · Oct 30, 2023

(a)–(d)),1 which also qualified as serious felony convictions. After the verdict, the trial court denied a motion to dismiss the two prior strikes and the GBI enhancement. … qualified as prior serious felony convictions (§ 667, subd. (a)(1)). Also, for all counts, the information alleged that defendant committed the offense while on parole (§ 1203.085, subds. (a), (b)).

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

Hauselt v. County of Butte

172 Cal. App. 4th 550 · California Court of Appeal · Mar 23, 2009

Neither may disregard the interests of downstream property owners, and a public entity may no longer claim immunity in tort or inverse condemnation actions.” (Locklin, supra, 7 Cal.4th at p. 367 .) … Whether [County] commissioned and implemented a master storm drainage plan that established a network of drainage consisting of both open and closed channels, utilization of Keefer Slough as the conduit for drainage and by

Parker v. State of California

California Court of Appeal · Nov 6, 2013

Handgun ammunition must also remain inaccessible to customers unless they are being assisted by the vendor or a qualified employee. (§ 30350.) … Third… [u]ncertain meanings inevitably lead citizens to steer far wider of the unlawful zone . . . than if the boundaries of the forbidden areas were clearly marked.”

Slater v. Shell Oil Company

39 Cal. App. 2d 535 · California Court of Appeal · Jun 19, 1940

All of the stock, except five qualifying shares, was held by the Anglo *540 Saxon Petroleum Company, Ltd. … That the section means what it plainly states, that a purported transfer in violation of the statute confers no rights on the transferee, and that third persons may raise this defense, is clearly established by the following

Taxpayers etc. v. San Diego USD

California Court of Appeal · Apr 25, 2013

Rather, the qualifying phrase "for accessibility compliance" places a specific limitation on the nature and extent of the upgrade to the football field. … Therefore, school district property directly used for or related to student instruction qualifies for zoning law exemption under that statute. (Id. at pp. 7-8.)