38 Cited authorities

  1. People v. Sims

    32 Cal.3d 468 (Cal. 1982)   Cited 302 times
    Holding issue "necessarily decided" because determination of innocence by preponderance of evidence "necessarily" determines lack of proof beyond reasonable doubt.
  2. Farmers Ins. Group v. County of Santa Clara

    11 Cal.4th 992 (Cal. 1995)   Cited 169 times   2 Legal Analyses
    Holding that the County could not be held vicariously liable for sexual harassment by a deputy sheriff who worked at jail, even though harassment occurred during work hours at the jail, because the misconduct was "motivated for strictly personal reasons unrelated to the guarding of inmates or the performance of any other duty"
  3. Bowman v. Wyatt

    186 Cal.App.4th 286 (Cal. Ct. App. 2010)   Cited 77 times   2 Legal Analyses
    Reversing because no substantial evidence of proximate causation
  4. People v. McGuire

    14 Cal.App.4th 687 (Cal. Ct. App. 1993)   Cited 77 times
    In People v. McGuire (1993) 14 Cal.App.4th 687, the defendant, like defendant in this case, was convicted of, and sentenced for, both driving under the influence of a controlled substance and being under the influence of methamphetamine.
  5. Brassinga v. City of Mountain View

    66 Cal.App.4th 195 (Cal. Ct. App. 1998)   Cited 65 times

    H015775 (Santa Clara County Super.Ct. No. CV744729) Filed August 20, 1998 Appeal from the Superior of Santa Clara County Court, No. CV744729, Judges Hon. Richard C. Turrone Hon. Jeremy D. Fogel. Judges. Ruby Schofield, Allen Ruby, and Glen Schofield, for Plaintiffs and Appellants. Robinson Wood, Thomas R. Fellows, Christian B. Nielsen and Rebecca L. Moon for Defendants and Appellants. Hoge, Fenton, Jones Appel and H.R. Lloyd, Jr., as Amici Curiae. MIHARA, J. The Mountain View, Palo Alto and Los Altos

  6. Bradley v. Dept. of Corrections

    158 Cal.App.4th 1612 (Cal. Ct. App. 2008)   Cited 44 times   3 Legal Analyses
    Holding that a defendant "cannot rest on its complex investigation process since the statute mandates remedial action designed to end the harassment."
  7. Arnold v. Mut. of Omaha Ins. Co.

    202 Cal.App.4th 580 (Cal. Ct. App. 2011)   Cited 27 times   4 Legal Analyses
    Finding that the plaintiff “was engaged in a distinct occupation requiring a license from the Department of Insurance”
  8. Metropolitan Water Dist. v. Superior Court

    32 Cal.4th 491 (Cal. 2004)   Cited 36 times
    Following the Restatement Second of Agency, § 220
  9. Absher v. Autozone, Inc.

    164 Cal.App.4th 332 (Cal. Ct. App. 2008)   Cited 27 times   1 Legal Analyses
    Holding that subdivision applies only to purchase transactions
  10. Kowalski v. Shell Oil Co.

    23 Cal.3d 168 (Cal. 1979)   Cited 73 times   1 Legal Analyses
    Holding that the ability of a special employer to remove an employee “does not necessarily indicate the existence of a special employment relationship,” but upholding the concept of duel/lent employment
  11. Section 800 - Attorney's fees in civil action to appeal or review determination in administrative proceeding

    Cal. Gov. Code § 800   Cited 187 times

    (a) In any civil action to appeal or review the award, finding, or other determination of any administrative proceeding under this code or under any other provision of state law, except actions resulting from actions of the Department of General Services, if it is shown that the award, finding, or other determination of the proceeding was the result of arbitrary or capricious action or conduct by a public entity or an officer thereof in his or her official capacity, the complainant if he or she prevails

  12. Section 166.1 - Commentary by judge in interlocutory order

    Cal. Civ. Proc. Code § 166.1   Cited 72 times

    Upon the written request of any party or his or her counsel, or at the judge's discretion, a judge may indicate in any interlocutory order a belief that there is a controlling question of law as to which there are substantial grounds for difference of opinion, appellate resolution of which may materially advance the conclusion of the litigation. Neither the denial of a request for, nor the objection of another party or counsel to, such a commentary in the interlocutory order, may be grounds for a

  13. Section 810.2 - Employee

    Cal. Gov. Code § 810.2   Cited 29 times

    "Employee" includes an officer, judicial officer as defined in Section 327 of the Elections Code, employee, or servant, whether or not compensated, but does not include an independent contractor. Ca. Gov. Code § 810.2

  14. Section 2430.1 - Definitions

    Cal. Veh. Code § 2430.1   Cited 5 times

    As used in this article, each of the following terms has the following meaning: (a) "Tow truck driver" means a person who operates a tow truck, who renders towing service or emergency road service to motorists while involved in freeway service patrol operations, pursuant to an agreement with a regional or local entity, and who has or will have direct and personal contact with the individuals being transported or assisted. As used in this subdivision, "towing service" has the same meaning as defined

  15. Section 2435 - Legislative findings and declarations

    Cal. Veh. Code § 2435   Cited 4 times

    (a) The Legislature finds and declares that the emergency roadside assistance provided by highway service organizations is a valuable service that benefits millions of California motorists. The Legislature further finds and declares that emergency roadside assistance is provided statewide, in cooperation with, and shares resources with, public safety agencies. The Legislature also finds that the Department of the California Highway Patrol, in cooperation with the Department of Transportation, is

  16. Section 2432.1 - Suspension of highway safety carrier's identification number; prohibiting participation in freeway service patrol operation

    Cal. Veh. Code § 2432.1   Cited 3 times

    (a) If the commissioner determines that an employer has failed to comply with the requirements of this article or Article 3.5 (commencing with Section 2435), the commissioner may, after a hearing, suspend the highway safety carrier's identification number issued pursuant to Section 2436.3 for a period not to exceed two years. (b) If the commissioner determines that an employer has failed to comply with the requirements of this article or Article 3.5 (commencing with Section 2435) twice within a period

  17. Section 2436.5 - Training for employers and tow truck drivers

    Cal. Veh. Code § 2436.5   Cited 2 times

    (a) The department, in cooperation with the Department of Transportation, shall provide training, pursuant to a reimbursable agreement or contract with a regional or local entity, for all employers and tow truck drivers who are involved in freeway service patrol operations pursuant to an agreement or contract with the regional or local entity. Dispatchers for freeway service patrol operations shall be employees of the department or the Department of Transportation. (b) The training shall include

  18. Section 2401 - Patrol of highways at all times

    Cal. Veh. Code § 2401   Cited 2 times

    The commissioner shall make adequate provision for patrol of the highways at all times of the day and night. Ca. Veh. Code § 2401

  19. Section 2430.3 - Notification of arrest or conviction

    Cal. Veh. Code § 2430.3   Cited 1 times
    In Vehicle Code section 2430.3, subdivision (a), the Legislature implicitly recognized that a driver may have more than one employer, but did not treat CHP as one of them. That provision requires “[e]very freeway service patrol tow truck driver” to “notify each of his or her employers and prospective employers and [CHP] of an arrest or conviction....” (Italics added.)
  20. Section 2430.5 - Tow truck driver certificate

    Cal. Veh. Code § 2430.5   Cited 1 times

    (a) Every employer intending to hire a tow truck driver on or after July 1, 1992, shall require the applicant for employment to submit a temporary tow truck driver certificate issued by the department or a permanent tow truck driver certificate issued by the Department of Motor Vehicles. The employer shall review the certificate and obtain a copy to be maintained as required by subdivision (c). The employer shall not hire any tow truck driver in any freeway service patrol operations who does not

  21. Rule 8.1105 - Publication of appellate opinions

    Cal. R. 8.1105   Cited 1,483 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

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

    Cal. R. 8.504   Cited 12 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