Thompson rule (California) · Go Syfert
← California issues

Thompson rule in California

37 California opinions name it 2 courts 1971–2025 9 in the last five years

The cases below were cited by California courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (26)

CaseFollowedCited
People v. Fuimaonogreen
calctapp5d · 2019 · cited in 2 California opinions naming this issue, 2020–2020
2 sentences

2020(People v. Torres (2020) 44 Cal.App.5th 1081 , 1084; People v. Hernandez (2019) 34 Cal.App.5th 323, 326 .) “If the trial court does not have jurisdiction to rule on a motion to vacate or modify a sentence, an order denying such a motion is nonappealable, and any appeal from such an order must be 3 dismissed. [Citations.]” (People v. Torres, at p. 1084; see People v. Fuimaono (2019) 32 Cal.App.5th 132, 135 .) Even if the order were appealable, Thompson’s claim has been forfeited.

2020(People v. Torres (2020) 44 Cal.App.5th 1081 , 1084; People v. Hernandez (2019) 34 Cal.App.5th 323, 326 .) “If the trial court does not have jurisdiction to rule on a motion to vacate or modify a sentence, an order denying such a motion is nonappealable, and any appeal from such an order must be 3 dismissed. [Citations.]” (People v. Torres, at p. 1084; see People v. Fuimaono (2019) 32 Cal.App.5th 132, 135 .) Even if the order were appealable, Thompson’s claim has been forfeited.

22
Samples v. Browngreen
calctapp · 2007 · cited in 2 California opinions naming this issue, 2014–2014
2 sentences

2014(Alviso v. Sonoma County Sheriff’s Dept. (2010) 186 Cal.App.4th 198, 202 [ 111 Cal.Rptr.3d 775 ] (Alviso); see Samples v. Brown (2007) 146 Cal.App.4th 787, 804 [ 53 Cal.Rptr.3d 216 ] (Samples) [§ 14602.6 not unconstitutionally vague]; Salazar v. Maywood (9th Cir. 2011) 414 Fed.Appx. 73, 74-75 (Salazar) [statute’s notice provisions satisfy due process].) As explained by the Alviso court, “the hearing procedure . . . adequately reconciles the competing interests of the parties: the private interest in avoiding the cost and disruption entailed by impoundment of one’s automobile; the relatively lo

2014(Alviso v. Sonoma County Sheriff’s Dept. (2010) 186 Cal.App.4th 198, 202 [ 111 Cal.Rptr.3d 775 ] (Alviso); see Samples v. Brown (2007) 146 Cal.App.4th 787, 804 [ 53 Cal.Rptr.3d 216 ] (Samples) [§ 14602.6 not unconstitutionally vague]; Salazar v. Maywood (9th Cir. 2011) 414 Fed.Appx. 73, 74-75 (Salazar) [statute’s notice provisions satisfy due process].) As explained by the Alviso court, “the hearing procedure . . . adequately reconciles the competing interests of the parties: the private interest in avoiding the cost and disruption entailed by impoundment of one’s automobile; the relatively lo

22
Alviso v. Sonoma County Sheriff's Departmentgreen
calctapp · 2010 · cited in 2 California opinions naming this issue, 2014–2014
2 sentences

2014Accordingly, the impound scheme does not violate due process.” (Alviso, supra, 186 Cal.App.4th at p. 214 .) Thompson’s claim that the City is required to provide specific notices in addition to the 48-hour notice required by the statute (see § 14602.6, subd. (b); Veh.

2014Accordingly, the impound scheme does not violate due process.” (Alviso, supra, 186 Cal.App.4th at p. 214 .) Thompson’s claim that the City is required to provide specific notices in addition to the 48-hour notice required by the statute (see §§ 14602.6, subd. (b), 22852, subd. (b)) 3 also fails to state a cause of action.

22
Jorge Miranda Irene Miranda v. City of Cornelius Acme Towing, Inc.green
ca9 · 2005 · cited in 2 California opinions naming this issue, 2014–2014
2 sentences

2014Appx. at p. 75 ; see Miranda v. City of Cornelius (9th Cir. 2005) 429 F.3d 858, 868 [notice to owners of a vehicle within 48 hours of an impoundment explaining right to request a hearing ensures that any erroneous deprivation of an owner’s vehicle will be slight and satisfies due process concerns].) Thus, contrary to Thompson’s claim, due process does not require that the City set forth the entire language of section 14602.6 in its notice, give the factual basis for the impound, or provide the evidence that the City plans to use at the hearing.

2014Code, §§ 22852, 22650, subd. (a)) are sufficient to comply with due process. ( Alviso, supra, 186 Cal.App.4th at pp. 209-214; Smith v. Santa Rosa Police Dept., supra, 97 Cal.App.4th at p. 569 ; Miranda v. City of Cornelius, supra, 429 F.3d at p. 868 .) While Thompson would have the City provide more extensive procedures, he does not allege that the ones the City currently provides are inconsistent with section 14602.6 and the *108 implementing regulations, which the courts have held comport with due process. ( Alviso, supra, 186 Cal.App.4th at pp. 209-214.) 4 Thompson’s challenge to the City’s

22
Juan Salazar v. City of Maywoodgreen
ca9 · 2011 · cited in 2 California opinions naming this issue, 2014–2014
2 sentences

2014(Alviso v. Sonoma County Sheriff’s Dept. (2010) 186 Cal.App.4th 198, 202 [ 111 Cal.Rptr.3d 775 ] (Alviso); see Samples v. Brown (2007) 146 Cal.App.4th 787, 804 [ 53 Cal.Rptr.3d 216 ] (Samples) [§ 14602.6 not unconstitutionally vague]; Salazar v. Maywood (9th Cir. 2011) 414 Fed.Appx. 73, 74-75 (Salazar) [statute’s notice provisions satisfy due process].) As explained by the Alviso court, “the hearing procedure . . . adequately reconciles the competing interests of the parties: the private interest in avoiding the cost and disruption entailed by impoundment of one’s automobile; the relatively lo

2014(Salazar, supra, 414 Fed.

12
Baral v. Schnittgreen
cal · 2016 · cited in 1 California opinions naming this issue, 2024–2024
1 sentence

2024(Baral, supra, 1 Cal.5th at p. 396 [“When relief is sought based on allegations of both protected and unprotected activity, the unprotected activity is disregarded at this stage”].) The parties dispute, however, the extent to which these causes of action rely upon protected activity, and whether it was proper for the trial court to put these protected activity allegations through the second step of the anti-SLAPP analysis.

11
In re Trejogreen
calctapp · 2017 · cited in 1 California opinions naming this issue, 2021–2021
2 sentences

2021(See In re Trejo (2017) 10 Cal.App.5th 972, 984 (Trejo); In re Williams (2018) 24 Cal.App.5th 794, 799-804 (Williams); In re Jenson (2018) 24 Cal.App.5th 266, 278-283 (Jenson).) We will briefly summarize the youth program legislation and the relevant cases.

2021(Trejo, supra, 10 Cal.App.5th at p. 984 .) After a thorough analysis of the interplay between section 3051 and various sentencing laws, the Trejo court concluded that the Youth Offender Parole Program necessarily supersedes the Thompson requirement, as it does other sentencing requirements not expressly excluded by section 3051.

11
In re Williamsgreen
calctapp5d · 2018 · cited in 1 California opinions naming this issue, 2021–2021
1 sentence

2021(See In re Trejo (2017) 10 Cal.App.5th 972, 984 (Trejo); In re Williams (2018) 24 Cal.App.5th 794, 799-804 (Williams); In re Jenson (2018) 24 Cal.App.5th 266, 278-283 (Jenson).) We will briefly summarize the youth program legislation and the relevant cases.

11
In re Jensongreen
calctapp5d · 2018 · cited in 1 California opinions naming this issue, 2021–2021
1 sentence

2021(See In re Trejo (2017) 10 Cal.App.5th 972, 984 (Trejo); In re Williams (2018) 24 Cal.App.5th 794, 799-804 (Williams); In re Jenson (2018) 24 Cal.App.5th 266, 278-283 (Jenson).) We will briefly summarize the youth program legislation and the relevant cases.

11
Thompson v. Halvonikgreen
calctapp · 1995 · cited in 1 California opinions naming this issue, 2016–2016
2 sentences

2016Just as we cannot accept Asimos’s claim that the defense of “no license” was a sure loser, we cannot accept as a sure winner Thompson’s claim of entitlement to $311,100. “ ‘Damage to be subject to a proper award must be such as follows the act complained of as a legal certainty . . . : [Citations.]” (Filbin v. Fitzgerald (2012) 211 Cal.App.4th 154, 165 [ 149 Cal.Rptr.3d 422 ] (Filbin), quoting Agnew v. Parks (1959) 172 Cal.App.2d 756, 768 [ 343 P.2d 118 ].) “Conversely, ‘ “ ‘[t]he mere probability that a certain event would have happened, upon which a claim for damages is predicated, will not

2016Just as we cannot accept Asimos’s claim that the defense of “no license” was a sure loser, we cannot accept as a sure winner Thompson’s claim of entitlement to $311,100. “ ‘Damage to be subject to a proper award must be such as follows the act complained of as a legal certainty . . . : [Citations.]” (Filbin v. Fitzgerald (2012) 211 Cal.App.4th 154, 165 [ 149 Cal.Rptr.3d 422 ] (Filbin), quoting Agnew v. Parks (1959) 172 Cal.App.2d 756, 768 [ 343 P.2d 118 ].) “Conversely, ‘ “ ‘[t]he mere probability that a certain event would have happened, upon which a claim for damages is predicated, will not

11
Agnew v. Parksgreen
calctapp · 1959 · cited in 1 California opinions naming this issue, 2016–2016
2 sentences

2016Just as we cannot accept Asimos’s claim that the defense of “no license” was a sure loser, we cannot accept as a sure winner Thompson’s claim of entitlement to $311,100. “ ‘Damage to be subject to a proper award must be such as follows the act complained of as a legal certainty . . . : [Citations.]” (Filbin v. Fitzgerald (2012) 211 Cal.App.4th 154, 165 [ 149 Cal.Rptr.3d 422 ] (Filbin), quoting Agnew v. Parks (1959) 172 Cal.App.2d 756, 768 [ 343 P.2d 118 ].) “Conversely, ‘ “ ‘[t]he mere probability that a certain event would have happened, upon which a claim for damages is predicated, will not

2016Just as we cannot accept Asimos’s claim that the defense of “no license” was a sure loser, we cannot accept as a sure winner Thompson’s claim of entitlement to $311,100. “ ‘Damage to be subject to a proper award must be such as follows the act complained of as a legal certainty . . . : [Citations.]” (Filbin v. Fitzgerald (2012) 211 Cal.App.4th 154, 165 [ 149 Cal.Rptr.3d 422 ] (Filbin), quoting Agnew v. Parks (1959) 172 Cal.App.2d 756, 768 [ 343 P.2d 118 ].) “Conversely, ‘ “ ‘[t]he mere probability that a certain event would have happened, upon which a claim for damages is predicated, will not

11
Marshak v. Ballesterosgreen
calctapp · 1999 · cited in 1 California opinions naming this issue, 2016–2016
2 sentences

2016Just as we cannot accept Asimos’s claim that the defense of “no license” was a sure loser, we cannot accept as a sure winner Thompson’s claim of entitlement to $311,100. “ ‘Damage to be subject to a proper award must be such as follows the act complained of as a legal certainty . . . : [Citations.]” (Filbin v. Fitzgerald (2012) 211 Cal.App.4th 154, 165 [ 149 Cal.Rptr.3d 422 ] (Filbin), quoting Agnew v. Parks (1959) 172 Cal.App.2d 756, 768 [ 343 P.2d 118 ].) “Conversely, ‘ “ ‘[t]he mere probability that a certain event would have happened, upon which a claim for damages is predicated, will not

2016Just as we cannot accept Asimos’s claim that the defense of “no license” was a sure loser, we cannot accept as a sure winner Thompson’s claim of entitlement to $311,100. “ ‘Damage to be subject to a proper award must be such as follows the act complained of as a legal certainty . . . : [Citations.]” (Filbin v. Fitzgerald (2012) 211 Cal.App.4th 154, 165 [ 149 Cal.Rptr.3d 422 ] (Filbin), quoting Agnew v. Parks (1959) 172 Cal.App.2d 756, 768 [ 343 P.2d 118 ].) “Conversely, ‘ “ ‘[t]he mere probability that a certain event would have happened, upon which a claim for damages is predicated, will not

11
Filbin v. Fitzgeraldgreen
calctapp · 2012 · cited in 1 California opinions naming this issue, 2016–2016
2 sentences

2016Just as we cannot accept Asimos’s claim that the defense of “no license” was a sure loser, we cannot accept as a sure winner Thompson’s claim of entitlement to $311,100. “ ‘Damage to be subject to a proper award must be such as follows the act complained of as a legal certainty . . . : [Citations.]” (Filbin v. Fitzgerald (2012) 211 Cal.App.4th 154, 165 [ 149 Cal.Rptr.3d 422 ] (Filbin), quoting Agnew v. Parks (1959) 172 Cal.App.2d 756, 768 [ 343 P.2d 118 ].) “Conversely, ‘ “ ‘[t]he mere probability that a certain event would have happened, upon which a claim for damages is predicated, will not

2016Just as we cannot accept Asimos’s claim that the defense of “no license” was a sure loser, we cannot accept as a sure winner Thompson’s claim of entitlement to $311,100. “ ‘Damage to be subject to a proper award must be such as follows the act complained of as a legal certainty . . . : [Citations.]” (Filbin v. Fitzgerald (2012) 211 Cal.App.4th 154, 165 [ 149 Cal.Rptr.3d 422 ] (Filbin), quoting Agnew v. Parks (1959) 172 Cal.App.2d 756, 768 [ 343 P.2d 118 ].) “Conversely, ‘ “ ‘[t]he mere probability that a certain event would have happened, upon which a claim for damages is predicated, will not

11
People v. Salvatogreen
calctapp · 1991 · cited in 1 California opinions naming this issue, 2014–2014
11
People v. Thompsongreen
calctapp · 1984 · cited in 1 California opinions naming this issue, 2014–2014
11
Nazir v. United Airlines, Inc.green
calctapp · 2009 · cited in 1 California opinions naming this issue, 2010–2010
11
Aguilar v. Avis Rent a Car System, Inc.green
cal · 1999 · cited in 1 California opinions naming this issue, 2010–2010
11
People Ex Rel. Allstate Insurance v. Weitzmangreen
calctapp · 2003 · cited in 1 California opinions naming this issue, 2006–2006
11
United States v. Ellisgreen
ca3 · 1979 · cited in 1 California opinions naming this issue, 1990–1990
11
People v. Alcalared
cal · 1984 · cited in 1 California opinions naming this issue, 1987–1987
11
People v. Greengreen
cal · 1980 · cited in 1 California opinions naming this issue, 1987–1987
11
People v. Tassellgreen
cal · 1984 · cited in 1 California opinions naming this issue, 1985–1985
11
People v. Thorntongreen
cal · 1974 · cited in 1 California opinions naming this issue, 1983–1983
11
People v. Rodriguezgreen
calctapp · 1977 · cited in 1 California opinions naming this issue, 1983–1983
11
People v. Lawlergreen
cal · 1973 · cited in 1 California opinions naming this issue, 1982–1982
11
Vandermark v. Ford Motor Co.green
cal · 1964 · cited in 1 California opinions naming this issue, 1971–1971
11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in California. Read the followed side critically anyway.

Also cited on this issue (46)

CaseCitedYears
People v. Thompson green
cal · 1980
2 sentences

1988The objection was to the relevancy of the evidence to an issue in the trial. [4] Although the objection did not specify that, as prior crimes evidence, the theft was inadmissible under Evidence Code sections 352 and 1101, subdivision (b), unless it satisfied the admissibility criteria summarized in Thompson, supra, 27 Cal.3d 303 , we believe that it was sufficiently specific to encompass a Thompson objection, i.e., that the People were offering evidence of uncharged criminal conduct by the defendant, that defendant had not put in issue any element of the offense or issue necessary to the Peopl

1988The objection was to the relevancy of the evidence to an issue in the trial. 4 Although the objection did not specify that, as prior crimes evidence, the theft was inadmissible under Evidence Code sections 352 and 1101, subdivision (b), unless it satisfied the admissibility criteria summarized in Thompson, supra, 27 Cal.3d 303 , we believe that it was sufliciently specific to encompass a Thompson objection, i.e., that the People were offering evidence of uncharged criminal conduct by the defendant, that defendant had not put in issue any element of the offense or issue necessary to the People’

41980–1988
People v. Hernandez green
calctapp5d · 2019
2 sentences

2020(People v. Torres (2020) 44 Cal.App.5th 1081 , 1084; People v. Hernandez (2019) 34 Cal.App.5th 323, 326 .) “If the trial court does not have jurisdiction to rule on a motion to vacate or modify a sentence, an order denying such a motion is nonappealable, and any appeal from such an order must be 3 dismissed. [Citations.]” (People v. Torres, at p. 1084; see People v. Fuimaono (2019) 32 Cal.App.5th 132, 135 .) Even if the order were appealable, Thompson’s claim has been forfeited.

2020(People v. Torres (2020) 44 Cal.App.5th 1081 , 1084; People v. Hernandez (2019) 34 Cal.App.5th 323, 326 .) “If the trial court does not have jurisdiction to rule on a motion to vacate or modify a sentence, an order denying such a motion is nonappealable, and any appeal from such an order must be 3 dismissed. [Citations.]” (People v. Torres, at p. 1084; see People v. Fuimaono (2019) 32 Cal.App.5th 132, 135 .) Even if the order were appealable, Thompson’s claim has been forfeited.

22020–2020
Smith v. Santa Rosa Police Department green
calctapp · 2002
2 sentences

2014Code, §§ 22852; 22650, subd. (a)) are sufficient to comply with due process. ( Alviso, supra, 186 Cal.App.4th at pp. 209–214; Smith v. Santa Rosa Police Dept., supra, 97 Cal.App.4th at p. 569 ; Miranda v. City of Cornelius, supra, 429 F.3d at p. 868 .) While Thompson would have the City provide more extensive procedures, he does not allege that the ones the City currently provides are inconsistent with section 14602.6 and the implementing regulations, which the courts have held comport with due process. ( Alviso, supra, 186 Cal.App.4th at pp. 209–214.)4 Thompson’s challenge to the City’s use o

2014Code, §§ 22852, 22650, subd. (a)) are sufficient to comply with due process. ( Alviso, supra, 186 Cal.App.4th at pp. 209-214; Smith v. Santa Rosa Police Dept., supra, 97 Cal.App.4th at p. 569 ; Miranda v. City of Cornelius, supra, 429 F.3d at p. 868 .) While Thompson would have the City provide more extensive procedures, he does not allege that the ones the City currently provides are inconsistent with section 14602.6 and the *108 implementing regulations, which the courts have held comport with due process. ( Alviso, supra, 186 Cal.App.4th at pp. 209-214.) 4 Thompson’s challenge to the City’s

22014–2014
Estate of Shinkle green
calctapp · 2002
2 sentences

2004We concluded that Thompson came within the statutory definition of "care custodian," which covers administrators, employees, and support and maintenance staff of public and private facilities and agencies, including "`[t]he office of the long-term care ombudsman.'" ( Shinkle, supra, 97 Cal. App.4th at pp. 1005-1006, 119 Cal.Rptr.2d 42 , quoting Welf. & Inst.Code, § 15610.17, subd. (s).) We rejected Thompson's claim that he lost that status when he ceased being Shinkle's ombudsman and began to *19 see her and help her simply as a friend. ( Shinkle, supra, 97 Cal.App.4th at p. 1005 , 119 Cal.Rpt

2004We concluded that Thompson came within the statutory definition of "care custodian," which covers administrators, employees, and support and maintenance staff of public and private facilities and agencies, including "`[t]he office of the long-term care ombudsman.'" ( Shinkle, supra, 97 Cal. App.4th at pp. 1005-1006, 119 Cal.Rptr.2d 42 , quoting Welf. & Inst.Code, § 15610.17, subd. (s).) We rejected Thompson's claim that he lost that status when he ceased being Shinkle's ombudsman and began to *19 see her and help her simply as a friend. ( Shinkle, supra, 97 Cal.App.4th at p. 1005 , 119 Cal.Rpt

22004–2004
People v. Cuccia green
calctapp · 2002
1 sentence

2025(Citing People v. Cuccia (2002) 97 Cal.App.4th 785, 795 .) But contrary to Thompson’s claim, he raised no objection below, and the actions he did take were inadequate to preserve his arguments for appeal. “[T]he forfeiture rule for alleged sentencing errors” is that, “unless a party makes a contemporaneous objection, he or she generally cannot challenge a court’s ruling for the first time on appeal.” (People v. McCullough (2013) 56 Cal.4th 589, 594 .) This is because, “[a]lthough the court is required to impose sentence in a lawful manner, counsel is charged with understanding, advocating, and

12025–2025
Lafferty v. Wells Fargo Bank green
calctapp · 2013
1 sentence

2025(Briley v. City of West Covina (2021) 66 Cal.App.5th 119 , 133; Lafferty v. Wells Fargo Bank (2013) 213 Cal.App.4th 545, 571-572 .) For these reasons, we reject Thompson’s challenge to the order granting Ning’s motion to quash. 9 DISPOSITION The April 10, 2024, orders granting Ning’s motion to quash and denying Thompson’s petition to determine a parental relationship are affirmed.

12025–2025
Sonic Manufacturing Technologies, Inc. v. AAE Systems, Inc. green
calctapp · 2011
1 sentence

2025The city now argues that 5 persuaded that Thompson established such alleged conduct via uncontradicted evidence (Sonic, supra, 196 Cal.App.4th at p. 466 ), let alone that any conduct by the city deprived her property of all value.

12025–2025
People v. Scott green
cal · 1994
1 sentence

2025(Citing People v. Cuccia (2002) 97 Cal.App.4th 785, 795 .) But contrary to Thompson’s claim, he raised no objection below, and the actions he did take were inadequate to preserve his arguments for appeal. “[T]he forfeiture rule for alleged sentencing errors” is that, “unless a party makes a contemporaneous objection, he or she generally cannot challenge a court’s ruling for the first time on appeal.” (People v. McCullough (2013) 56 Cal.4th 589, 594 .) This is because, “[a]lthough the court is required to impose sentence in a lawful manner, counsel is charged with understanding, advocating, and

12025–2025
Auto Equity Sales, Inc. v. Superior Court green
cal · 1962
1 sentence

2025(Auto Equity Sales, Inc. v. Superior Court (1962) 57 Cal.2d 450, 455 .) Therefore, we reject Thompson’s claim of error.

12025–2025
People v. McCullough green
cal · 2013
1 sentence

2025(Citing People v. Cuccia (2002) 97 Cal.App.4th 785, 795 .) But contrary to Thompson’s claim, he raised no objection below, and the actions he did take were inadequate to preserve his arguments for appeal. “[T]he forfeiture rule for alleged sentencing errors” is that, “unless a party makes a contemporaneous objection, he or she generally cannot challenge a court’s ruling for the first time on appeal.” (People v. McCullough (2013) 56 Cal.4th 589, 594 .) This is because, “[a]lthough the court is required to impose sentence in a lawful manner, counsel is charged with understanding, advocating, and

12025–2025
Cahill v. San Diego Gas & Electric Co. green
calctapp · 2011
1 sentence

2024(See Cahill v. San Diego Gas & Electric Co. (2011) 194 Cal.App.4th 939, 956 .) 17 C The trial court erred in granting Thompson’s motion as to Warner’s concealment cause of action.

12024–2024
Newport Harbor Offices & Marina, LLC v. Evangelism green
calctapp5d · 2018
1 sentence

2024(See Newport Harbor Offices & Marina, LLC v. Morris Cerullo World Evangelism (2018) 23 Cal.App.5th 28, 49 .) A The trial court correctly denied Thompson’s motion at step one of the anti-SLAPP analysis with respect to Warner’s causes of action for public nuisance, private nuisance, and negligence.

12024–2024
Anders v. California green
scotus · 1967
1 sentence

2022To assist the court in its review, and in compliance with Anders v. California (1967) 386 U.S. 738 (Anders), counsel has identified the following possible issue that was considered in evaluating the potential merits of this appeal: Did the trial court err in refusing to consider Thompson’s motion as a request for resentencing?

12022–2022
Gauss v. GAF Corp. green
calctapp · 2002
1 sentence

2021Gauss purported to foreclose use of the Code of Civil Procedure section 664.6 procedure to “enforce a settlement agreement signed only by a party’s agent.” (Gauss, supra, 103 Cal.App.4th at p. 1121 .) But, as we suggested in Provost v. Regents of University of California (2011) 201 Cal.App.4th 1289 (Provost), Gauss does not 3 The Legislature passed amendments to Code of Civil Procedure section 664.6 which became effective on January 1, 2021, long after the trial court made its ruling on Thompson’s motion to enforce settlement. 4 Amongst other things, the recent amendments added language permit

12021–2021
Philippine Export & Foreign Loan Guarantee Corp. v. Chuidian green
calctapp · 1990
1 sentence

2021Thus, granting the motion would be contrary to the principle that “the evidence normally must enable the Court of Appeal to affirm the judgment, not lead to a reversal.” (Philippine Export & Foreign Loan Guarantee Corp. v. Chuidian, supra, 218 Cal.App.3d at p. 1090 .) Based on the foregoing, we decline to exercise our discretionary authority to take evidence and make findings of fact.

12021–2021
Provost v. Regents of University of California green
calctapp · 2011
1 sentence

2021Gauss purported to foreclose use of the Code of Civil Procedure section 664.6 procedure to “enforce a settlement agreement signed only by a party’s agent.” (Gauss, supra, 103 Cal.App.4th at p. 1121 .) But, as we suggested in Provost v. Regents of University of California (2011) 201 Cal.App.4th 1289 (Provost), Gauss does not 3 The Legislature passed amendments to Code of Civil Procedure section 664.6 which became effective on January 1, 2021, long after the trial court made its ruling on Thompson’s motion to enforce settlement. 4 Amongst other things, the recent amendments added language permit

12021–2021
J.B.B. Investment Partners, Ltd. v. Fair green
calctapp · 2014
1 sentence

2021Investment Partners Ltd. v. Fair (2014) 232 Cal.App.4th 974, 984 .) However, in determining whether Thompson’s motion satisfied the statute’s requirements, our review is de novo since the question is one of law.

12021–2021
Warrick v. Superior Court green
cal · 2005
12015–2015
People v. Thompson green
calctapp · 2006
12015–2015
In Re Candelario green
cal · 1970
12014–2014
Thompson v. Missouri green
scotus · 1898
12013–2013
People v. Ward green
cal · 1958
12013–2013
Strong v. Superior Court neutral
calctapp · 2011
12013–2013
Magness v. Superior Court green
cal · 2012
12013–2013
Barrett v. Whirlpool Corp. green
ca6 · 2009
12010–2010
PLCM Group, Inc. v. Drexler green
cal · 2000
12007–2007
Mattco Forge, Inc. v. Arthur Young & Co. green
calctapp · 1992
12007–2007
Moore v. Preventive Medicine Medical Group, Inc. green
calctapp · 1986
11999–1999
People v. Williams green
cal · 1988
11992–1992
People v. Wilson red
cal · 1969
11990–1990
Commonwealth v. Simpson green
mass · 1976
11990–1990
State v. Morgison green
washctapp · 1971
11990–1990
People v. Sears green
cal · 1970
11990–1990
People v. Harris green
cal · 1981
11990–1990
State v. Phillips green
nc · 1979
11990–1990
State v. Ahmadjian green
ri · 1981
11990–1990
People v. Ireland green
cal · 1969
11990–1990
United States v. William Maurice Foster, Jr. And Terry Lee McCready green
ca7 · 1973
11990–1990
United States v. Clarence E. Braasch green
ca7 · 1974
11990–1990
United States v. Stephen Hathaway, United States of America v. Howard Baptista green
ca1 · 1976
11990–1990

Statutes the citing opinions construe

CA § Cal. Evidence Code § 1101 (3) CA § Cal. Evidence Code § 352 (3) CA § Cal. Evidence Code § 353 (3) CA § Cal. Evidence Code § 452 (3) CA § Cal. Penal Code § 187 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

TX 47 (1942–2026) CA 37 (1971–2025) OH 26 (1990–2026) WA 24 (1996–2026) PA 23 (1985–2025) GA 23 (1987–2026) FL 22 (1985–2019) IL 20 (1978–2026) IA 18 (1992–2025) AL 14 (1985–2025) MS 11 (1979–2025) IN 10 (1999–2020) KS 8 (1973–2025) AR 8 (1979–2025) MI 8 (1902–2025) OR 7 (1995–2025) MD 7 (1987–2021) AZ 7 (1968–2022) ND 6 (1985–2011) SC 6 (2003–2019) ME 6 (1977–2022) DC 6 (1983–2016) MO 5 (1995–2025) NE 5 (1990–2023) MN 4 (1985–2016) NY 4 (1984–2011) VA 4 (1997–2023) WI 4 (1987–2023) UT 4 (2014–2025) DE 4 (1982–2026) ID 4 (1992–2016) CT 3 (2004–2010) MT 3 (1934–2015) VT 3 (2011–2024) NC 3 (1990–2014) CO 2 (2001–2021) WV 2 (2010–2017) SD 2 (1985–1997) TN 2 (1999–2004) KY 2 (1914–2000) OK 2 (2010–2015) NJ 2 (1971–2005)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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