43 Cited authorities

  1. McKesson Corp. v. Division of Alcoholic Beverages & Tobacco

    496 U.S. 18 (1990)   Cited 455 times   1 Legal Analyses
    Holding that in order to remedy discriminatory taxation, state may assess and collect back taxes from taxpayers who received unlawful benefits or choose to utilize combination of partial refunds and partial retroactive assessments of tax increases
  2. Miklosy v. Regents of Univ. of California

    44 Cal.4th 876 (Cal. 2008)   Cited 353 times
    Holding that when "alleged wrongful conduct ... occur at the worksite, in the normal course of the employer-employee relationship ... workers' compensation is a plaintiff exclusive remedy for any injury that may" result
  3. Rakestraw v. California Physicians' Service

    81 Cal.App.4th 39 (Cal. Ct. App. 2000)   Cited 318 times

    B115766 Filed May 31, 2000 Certified for Partial Publication Pursuant to California Rules of Court, rules 976(b) and 976.1, this opinion is certified for publication with the exception of part V(B)(1), (2), (3) and (4). Appeal from a judgment of the Superior Court of Los Angeles County, No. BC148709, Bruce Mitchell, Temporary Judge. Affirmed. Pursuant to Cal. Const., art. VI, § 21. Ivie, McNeill Wyatt, Robert H. McNeill, Jr., and Jay R. Taylor for Plaintiffs and Appellants. Susan Berke Fogel for

  4. City of San Jose v. Superior Court

    12 Cal.3d 447 (Cal. 1974)   Cited 566 times
    Holding that government claims procedures are mandatory and failure to file the required claim means the action must be dismissed
  5. People v. Cruz

    13 Cal.4th 764 (Cal. 1996)   Cited 238 times
    Holding that burglary of an inhabited vessel constituted burglary of "an inhabited dwelling house"
  6. Batt v. City and County of San Francisco

    155 Cal.App.4th 65 (Cal. Ct. App. 2007)   Cited 101 times
    Holding that accounting "is not an independent cause of action but merely a type of remedy, an equitable remedy at that"
  7. Muskopf v. Corning Hospital Dist

    55 Cal.2d 211 (Cal. 1961)   Cited 373 times
    Striking down the general rule of state sovereign immunity
  8. In re Groundwater Cases

    154 Cal.App.4th 659 (Cal. Ct. App. 2007)   Cited 78 times

    No. A112964. August 24, 2007. Appeal from the Superior Court of Los Angeles, JCCP No. 4135, Carl J. West, Judge. Rose, Klein Marias, Barry I. Goldman, David A. Rosen, Christopher P. Ridout; Engstrom, Lipscomb Lack, Walter J. Lack, Joy Robertson, Ann A. Howitt, Richard P. Kinnan; and Gary A. Praglin for Plaintiffs and Appellants. Lemieux O'Neill, W Keith Lemieux; Ropers, Majeski, Kohn Bentley, Thomas H. Clarke, Jr., Terry Anastassiou; Ragsdale Liggett, Mary Hulett; Daniels Fine Israel Schonbuch, Paul

  9. Woosley v. State of California

    3 Cal.4th 758 (Cal. 1992)   Cited 99 times
    In Woosley, we held that article XIII, section 32 “rests on the premise that strict legislative control over the manner in which tax refunds may be sought is necessary so that governmental entities may engage in fiscal planning based on expected tax revenues.
  10. C.R. v. Tenet Healthcare Corp.

    169 Cal.App.4th 1094 (Cal. Ct. App. 2009)   Cited 54 times   1 Legal Analyses
    In C.R. v. Tenet Healthcare Corp. (2009) 169 Cal.App.4th 1094, 1112, plaintiff sufficiently pleaded a claim of ratification with allegations that defendant, with knowledge of the employee's misconduct, continued to employ him and destroyed documents evidencing the misconduct.
  11. Section 151 - Purposes of chapter; Federal Communications Commission created

    47 U.S.C. § 151   Cited 1,407 times   13 Legal Analyses
    Creating the FCC to "execute and enforce the provisions of this [Act]"
  12. Section 815

    Cal. Gov. Code § 815   Cited 739 times
    Conferring immunity upon public entities
  13. Section 905

    Cal. Gov. Code § 905   Cited 594 times
    Listing exceptions to the claim presentation requirement
  14. Section 910

    Cal. Gov. Code § 910   Cited 441 times   1 Legal Analyses
    Requiring claimant to include "[t]he name or names of the public employee or employees causing the injury, damage, or loss, if known"
  15. Section 53750

    Cal. Gov. Code § 53750   Cited 33 times   1 Legal Analyses

    For purposes of Article XIII C and Article XIII D of the California Constitution and this article, the following words have the following meanings, and shall be read and interpreted in light of the findings and declarations contained in Section 53751: (a) "Agency" means any local government as defined in subdivision (b) of Section 1 of Article XIII C of the California Constitution. (b) "Assessment" means any levy or charge by an agency upon real property that is based upon the special benefit conferred

  16. Section 5097

    Cal. Rev. and Tax. Code § 5097   Cited 32 times

    (a) An order for a refund under this article shall not be made, except on a claim: (1) Verified by the person who paid the tax, his or her guardian, executor, trustee, or administrator. (2) Except as provided in paragraph (3) or (4), filed within four years after making the payment sought to be refunded, or within one year after the mailing of notice as prescribed in Section 2635, or the period agreed to as provided in Section 532.1, or within 60 days of the date of the notice prescribed by subdivision

  17. Section 5140

    Cal. Rev. and Tax. Code § 5140   Cited 31 times

    The person who paid the tax, his or her guardian or conservator, the executor of his or her will, or the administrator of his or her estate may bring an action only in the superior court, but not in the small claims division of the superior court, against a county or a city to recover a tax which the board of supervisors of the county or the city council of the city has refused to refund on a claim filed pursuant to Article 1 (commencing with Section 5096) of this chapter. No other person may bring

  18. Section 935

    Cal. Gov. Code § 935   Cited 18 times

    (a) Claims against a local public entity for money or damages which are excepted by Section 905 from Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of this part, and which are not governed by any other statutes or regulations expressly relating thereto, shall be governed by the procedure prescribed in any charter, ordinance, or regulation adopted by the local public entity. (b) The procedure so prescribed may include a requirement that a claim be presented and

  19. Section 811

    Cal. Gov. Code § 811   Cited 6 times

    "Law" includes not only enactments but also the decisional law applicable within this State as determined and declared from time to time by the courts of this State and of the United States. Ca. Gov. Code § 811

  20. Section 811.8

    Cal. Gov. Code § 811.8   Cited 3 times

    "Statute" means an act adopted by the Legislature of this State or by the Congress of the United States, or a statewide initiative act. Ca. Gov. Code § 811.8

  21. Rule 8.1115 - Citation of opinions

    Cal. R. 8.1115   Cited 5,849 times

    (a) Unpublished opinion Except as provided in (b), an opinion of a California Court of Appeal or superior court appellate division that is not certified for publication or ordered published must not be cited or relied on by a court or a party in any other action. (b)Exceptions An unpublished opinion may be cited or relied on: (1) When the opinion is relevant under the doctrines of law of the case, res judicata, or collateral estoppel; or (2) When the opinion is relevant to a criminal or disciplinary

  22. Rule 8.1105 - Publication of appellate opinions

    Cal. R. 8.1105   Cited 1,551 times

    (a)Supreme Court All opinions of the Supreme Court are published in the Official Reports. (b)Courts of Appeal and appellate divisions Except as provided in (e), an opinion of a Court of Appeal or a superior court appellate division is published in the Official Reports if a majority of the rendering court certifies the opinion for publication before the decision is final in that court. (Subd (b) amended effective July 23, 2008; adopted effective April 1, 2007.) (c)Standards for certification An opinion

  23. Rule 8.500 - Petition for review

    Cal. R. 8.500   Cited 222 times

    (a)Right to file a petition, answer, or reply (1) A party may file a petition in the Supreme Court for review of any decision of the Court of Appeal, including any interlocutory order, except the denial of a transfer of a case within the appellate jurisdiction of the superior court. (2) A party may file an answer responding to the issues raised in the petition. In the answer, the party may ask the court to address additional issues if it grants review. (3) The petitioner may file a reply to the answer

  24. Rule 8.504 - Form and contents of petition, answer, and reply

    Cal. R. 8.504   Cited 13 times

    (a)In general Except as provided in this rule, a petition for review, answer, and reply must comply with the relevant provisions of rule 8.204. (Subd (a) amended effective January 1, 2007.) (b) Contents of a petition (1) The body of the petition must begin with a concise, nonargumentative statement of the issues presented for review, framing them in terms of the facts of the case but without unnecessary detail. (2) The petition must explain how the case presents a ground for review under rule 8.500(b)