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Memorandum Points and Authorities

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12 Cited authorities

  1. Board of Curators, Univ. of Mo. v. Horowitz

    435 U.S. 78 (1978)   Cited 976 times
    Holding student's dismissal was academic in nature when school determined she lacked "necessary clinical ability to perform adequately as a medical doctor and was making insufficient progress toward that goal"

  2. Lungren v. Deukmejian

    45 Cal.3d 727 (Cal. 1988)   Cited 839 times
    Stating that the "plain meaning" rule "does not prohibit a court from determining whether the literal meaning of a statute comports with its purpose"; "[l]iteral construction should not prevail if it is contrary to the legislative intent apparent in the statute" – i.e. , "[t]he intent prevails over the letter, and the letter will, if possible, be so read as to conform to the spirit of the act"

  3. Bucur v. Ahmad

    244 Cal.App.4th 175 (Cal. Ct. App. 2016)   Cited 95 times
    Discussing judicial estoppel

  4. Singh v. Lipworth

    227 Cal.App.4th 813 (Cal. Ct. App. 2014)   Cited 91 times
    Imposing sanctions where appeal "indisputably has no merit" and "any reasonable attorney would agree that the appeal is totally and completely without merit"

  5. Flores v. California Department of Corrections and Rehabilitation

    224 Cal.App.4th 199 (Cal. Ct. App. 2014)   Cited 46 times
    Instructing the trial court to enter judgment of dismissal nunc pro tunc "[t]o promote the orderly administration of justice, and to avoid the useless waste of judicial and litigant time that would result from dismissing the appeal merely to have a judgment formally entered in the trial court and a new appeal filed"

  6. People ex rel. Younger v. County of El Dorado

    5 Cal.3d 480 (Cal. 1971)   Cited 159 times
    In People ex rel. Younger v. County of El Dorado, 5 Cal.3d 480, 487 P.2d 1193 (1971), the Attorney General of the State sought a writ of mandate against two California counties to compel them to pay out certain allotted monies.

  7. McKinney v. County of Santa Clara

    110 Cal.App.3d 787 (Cal. Ct. App. 1980)   Cited 121 times
    Holding " judgment on a general demurrer will have a preclusive effect on a new action in which the complaint states the same facts which were held not to constitute a cause of action on the former demurrer"

  8. City of King City v. Community Bank of Central California

    131 Cal.App.4th 913 (Cal. Ct. App. 2005)   Cited 38 times
    Stating that discovery renders "more manageable ... the points of legal controversy" in an action

  9. Doe v. Doe

    208 Cal.App.4th 1185 (Cal. Ct. App. 2012)   Cited 17 times
    In Doe v. Doe 1 (2012) 208 Cal.App.4th 1185, 1193, footnote 6, which involved an appeal from the sustaining of a demurrer to a complaint without leave to amend, the appellate court rejected a similar contention asserted by the respondents there.

  10. Paulsen v. Golden Gate University

    25 Cal.3d 803 (Cal. 1979)   Cited 30 times   1 Legal Analyses
    Recognizing a "widely accepted rule of judicial nonintervention into the academic affairs of schools."; Banks v. Dominican College 35 Cal.App.4th 1545, 1551 [academic decisions of a private university must be upheld unless they represent "'substantial departure from accepted academic norms"'].