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ELK HILLS POWER v. BOARD OF EQUALIZATION (Mihara and Miller, JJ., justices pro tempore; Baxter and Werdegar, JJ., not participating)

Appellant’s Opening Brief on the Merits

36 Cited authorities

  1. Martinez v. Combs

    49 Cal.4th 35 (Cal. 2010)   Cited 479 times   45 Legal Analyses
    Holding that California's wage and hour laws do not impose liability on "individual corporate agents acting within the scope of their agency"

  2. Moradi-Shalal v. Fireman's Fund Ins. Companies

    46 Cal.3d 287 (Cal. 1988)   Cited 510 times   17 Legal Analyses
    Holding that section 790.03(h) has no private right of action

  3. Mejia v. Reed

    31 Cal.4th 657 (Cal. 2003)   Cited 310 times
    Holding that under Cal. Civ. Code § 3439.04, a transfer can be fraudulent "both as to present and future creditors"

  4. Moyer v. Workmen's Comp. Appeals Bd.

    10 Cal.3d 222 (Cal. 1973)   Cited 534 times
    Finding statutes should be construed in light of the statutory framework as a whole

  5. Laurel Heights Improvement Assn. v. Regents of University of California

    6 Cal.4th 1112 (Cal. 1993)   Cited 248 times   13 Legal Analyses
    Affirming the decision to not recirculate an EIR where new studies released after public review "merely serve to amplify . . . the information found in the draft EIR" and "do not alter th[e] analysis in any way"

  6. Silicon Valley Taxpayers Assn., Inc. v. Santa Clara County Open Space Authority

    44 Cal.4th 431 (Cal. 2008)   Cited 119 times
    Concluding assessment was invalid for failure to meet the requirements of Proposition 218 but not addressing the validity of the assessment district

  7. Copley Press v. Sup. Court

    39 Cal.4th 1272 (Cal. 2006)   Cited 119 times   1 Legal Analyses
    Holding that newspaper was not entitled to records relating to peace officer's administrative appeal of disciplinary matter under California Public Records Act

  8. People v. Garcia

    39 Cal.4th 1070 (Cal. 2006)   Cited 117 times
    Noting the district attorney's office represents the State of California in criminal prosecutions

  9. Select Base Materials, Inc. v. Board of Equalization

    51 Cal.2d 640 (Cal. 1959)   Cited 442 times
    In Select Base Materials, Inc. v. Board of Equalization, 51 Cal.2d 640, the court states at pages 645, 646 [ 335 P.2d 672]: "It [i.e. the definition of sale quoted] coincides with the common-law definition of a `sale' and is substantially the same as that used in the Uniform Sales Act.

  10. County of Los Angeles v. Southern California Edison Co.

    112 Cal.App.4th 1108 (Cal. Ct. App. 2003)   Cited 99 times
    Holding the county could not argue, for the first time on appeal, that the court did not correctly determine the value of the tax on its damage award because it had not moved for a new trial

  11. Section 1

    Cal. Const. art. XIII § 1   Cited 206 times

    Unless otherwise provided by this Constitution or the laws of the United States: (a) All property is taxable and shall be assessed at the same percentage of fair market value. When a value standard other than fair market value is prescribed by this Constitution or by statute authorized by this Constitution, the same percentage shall be applied to determine the assessed value. The value to which the percentage is applied, whether it be the fair market value or not, shall be known for property tax

  12. Section 110 - "Full cash value" or "fair market value" defined; determination

    Cal. Rev. & Tax. Code § 110   Cited 121 times   1 Legal Analyses
    Defining " ‘full cash value’ " or " ‘fair market value’ "

  13. Section 19

    Cal. Const. art. XIII § 19   Cited 32 times
    Requiring Board to assess car company property

  14. Section 2

    Cal. Const. art. XIII § 2   Cited 25 times
    Authorizing property taxes on these seven intangibles

  15. Section 2

    Cal. Const. art. XII § 2   Cited 21 times

    Subject to statute and due process, the commission may establish its own procedures. Any commissioner as designated by the commission may hold a hearing or investigation or issue an order subject to commission approval. Cal. Const. art. XII § 2