" Evidence Code section 1040 vests the court with discretion. That discretion requires consideration of alternative evidence offered by the state. An alternative which fulfills the demanding litigant's actual needs minimizes or eliminates necessity...
[4] During the argument on the motion, the People prematurely asserted a privilege of confidentiality of records pursuant to Evidence Code section 1040. This privilege is conditional: the trial court must weigh whether the "necessity for preserving the confidentiality of the information" outweighs th...
Evidence for prolonged El Nino-like conditions in the Pacific during the Late Pleistocene: a 43ka noble gas record from California groundwaters. Quat. Sci. Rev. 28, 2465–2473 (2009). Article Google Scholar Bromwich, D. H. et al. Polar MM5 simulations of the winter climate of the ...
In the absence of a written contract, or other strong evidence to the contrary, the Court will not imply that the parties entered into a licensing agreement that defies economic rationality. IEG asserts that a chain of title links it to Michaels through Revilla and the unnamed client. In ...
4. An existing provider which filed its commitment to upgrade on November 1, 2014 may submit a letter to the Director of the Communications Division on or before May 1, 2015 for an extension up to an additional six months if it provides evidence that its progress has been delayed due to ...
We note, by way of contrast to the unrestricted seeking and use of information acquired under the Act, the discovery procedures employed under Evidence Code section 1040. This section serves essentially the same purpose as the "intelligence information" exemption of section 6254, subdivision (f) -...
[Citation.] Thus, this court's rejection of the claim of exemption under section 6255 on the ground that the public interest weighs in favor of disclosure similarly requires rejection of the claims of exemption under section 6254, subdivision (k) and Evidence Code section 1040." (See also ...
place, the privilege there was claimed by a nonparty to the dispute. Most important, however, is that fact that Chronicle Pub. Co. antedated adoption of the Evidence Code. The present situation is governed by section 1040 of the Evidence Code. We turn, therefore, to the question of ...
Moreover, under Evidence Code section 1040, there was no showing that disclosure of the information was against the public interest. Disclosure was shown to weigh in favor of the public's interest in view of the fact that the rate increase amounted to a 15 to 25 percent increase in just ...
The equation can also be understood as relating posterior probability to prior probability, likelihood, and evidence regarding inference and data Note, that the denominator of Equation 1 is completely described since the values of all Fi are known....