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McWILLIAMS v. CITY OF LONG BEACH

Respondent’s Petition for Review

49 Cited authorities

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

    496 U.S. 18 (1990)   Cited 488 times   3 Legal Analyses
    Holding that the due process clause obligates states to "provide meaningful backward-looking relief to rectify any unconstitutional deprivation" resulting from a tax statute

  2. Miklosy v. Regents of University of California

    44 Cal.4th 876 (Cal. 2008)   Cited 457 times   1 Legal Analyses
    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 475 times
    Requiring party to "clearly and specifically set forth the ‘applicable substantive law’ and the legal basis for amendment, i.e., the elements of the cause of action and authority for it," and all specific factual allegations for the claim

  4. City of San Jose v. Superior Court

    12 Cal.3d 447 (Cal. 1974)   Cited 707 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 287 times
    Holding that burglary of an inhabited vessel constituted burglary of "an inhabited dwelling house"

  6. Batt v. City & County of San Francisco

    155 Cal.App.4th 65 (Cal. Ct. App. 2007)   Cited 123 times
    Holding that accounting "is not an independent cause of action but merely a type of remedy, an equitable remedy at that"

  7. In re Groundwater Cases

    154 Cal.App.4th 659 (Cal. Ct. App. 2007)   Cited 120 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

  8. Muskopf v. Corning Hospital Dist

    55 Cal.2d 211 (Cal. 1961)   Cited 399 times
    Striking down the general rule of state sovereign immunity

  9. C.R. v. Tenet Healthcare Corp.

    169 Cal.App.4th 1094 (Cal. Ct. App. 2009)   Cited 77 times   1 Legal Analyses
    Reversing order sustaining private hospital's demurrer to putative class action without leave to amend, in action claiming sexual molestation by certified nursing assistant; hospital allegedly destroyed records to conceal abuse and hid information so employee could keep working

  10. Woosley v. State of California

    3 Cal.4th 758 (Cal. 1992)   Cited 117 times
    In Woosley, supra, 3 Cal.4th 758, 794, 13 Cal.Rptr.2d 30, 838 P.2d 758, we reaffirmed the principle that "[t]he circumstance that our decision overrules prior decisions of the Courts of Appeal does not in itself justify prospective application."

  11. Section 151 - Purposes of chapter; Federal Communications Commission created

    47 U.S.C. § 151   Cited 1,488 times   23 Legal Analyses
    Creating the FCC in 1934 "to make available, so far as possible, to all the people of the United States, without discrimination on the basis of race, color, religion, national origin, or sex, a rapid, efficient, Nation-wide, and world-wide wire and radio communication service with adequate facilities at reasonable charges."

  12. Section 815 - Immunity, defenses available

    Cal. Gov. Code § 815   Cited 1,166 times
    Conferring immunity upon public entities

  13. Section 910 - Contents of claim presented

    Cal. Gov. Code § 910   Cited 1,128 times   1 Legal Analyses
    Specifying information that must be included in a notice of claim

  14. Section 905 - Presentment of claims

    Cal. Gov. Code § 905   Cited 914 times
    Providing that "all claims for money or damages against local public entities" must "be presented in accordance with ... Section 910," except for certain situations that do not apply in this case

  15. Section 7

    Cal. Const. art. XI § 7   Cited 443 times
    Providing that " county or city may make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws"

  16. Section 5

    Cal. Const. art. XI § 5   Cited 241 times
    Allowing "city charter to provide that the city governed thereunder may make and enforce all ordinances and regulations in respect to municipal affairs . . . ."

  17. Section 3

    Cal. Const. art. XI § 3   Cited 93 times

    (a) For its own government, a county or city may adopt a charter by majority vote of its electors voting on the question. The charter is effective when filed with the Secretary of State. A charter may be amended, revised, or repealed in the same manner. A charter, amendment, revision, or repeal thereof shall be published in the official state statutes. County charters adopted pursuant to this section shall supersede any existing charter and all laws inconsistent therewith. The provisions of a charter

  18. Section 5140 - Action against county or city to recover tax

    Cal. Rev. & Tax. Code § 5140   Cited 95 times
    Vesting jurisdiction over tax-refund claims in the "superior court" and "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"

  19. Section 5097 - Order for refund

    Cal. Rev. & Tax. Code § 5097   Cited 94 times
    Setting out a time for filing a claim for refund

  20. Section 53750 - Definitions

    Cal. Gov. Code § 53750   Cited 51 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

  21. Rule 8.1115 - Citation of opinions

    Cal. R. 8.1115   Cited 73,839 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 2,089 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 337 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 21 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)