27 California opinions name it 3 courts 1969–2025 6 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.
| Case | Followed | Cited |
|---|---|---|
Howard Jarvis Taxpayers Assn. v. City of Rosevillegreen2 sentences2019The power of initiative to affect local taxes, assessments, fees and charges shall be applicable to all *300 local governments and neither the Legislature nor any local government charter shall impose a signature requirement higher than that applicable to statewide statutory initiatives." (Italics added.) By the time Proposition 218 was adopted in 1996, the California Supreme Court had already overruled the Myers line of cases (including Dare ) in the March 1995 case of Rossi, supra, 9 Cal.4th 688 , which held that the initiative power was available to voters to repeal a tax even though the re 2019The power of initiative to affect local taxes, assessments, fees and charges shall be applicable to all *300 local governments and neither the Legislature nor any local government charter shall impose a signature requirement higher than that applicable to statewide statutory initiatives." (Italics added.) By the time Proposition 218 was adopted in 1996, the California Supreme Court had already overruled the Myers line of cases (including Dare ) in the March 1995 case of Rossi, supra, 9 Cal.4th 688 , which held that the initiative power was available to voters to repeal a tax even though the re | 4 | 4 |
Rossi v. Browngreen2 sentences2019The power of initiative to affect local taxes, assessments, fees and charges shall be applicable to all *300 local governments and neither the Legislature nor any local government charter shall impose a signature requirement higher than that applicable to statewide statutory initiatives." (Italics added.) By the time Proposition 218 was adopted in 1996, the California Supreme Court had already overruled the Myers line of cases (including Dare ) in the March 1995 case of Rossi, supra, 9 Cal.4th 688 , which held that the initiative power was available to voters to repeal a tax even though the re 2019The power of initiative to affect local taxes, assessments, fees and charges shall be applicable to all *300 local governments and neither the Legislature nor any local government charter shall impose a signature requirement higher than that applicable to statewide statutory initiatives." (Italics added.) By the time Proposition 218 was adopted in 1996, the California Supreme Court had already overruled the Myers line of cases (including Dare ) in the March 1995 case of Rossi, supra, 9 Cal.4th 688 , which held that the initiative power was available to voters to repeal a tax even though the re | 1 | 4 |
Goldberg v. Blochgreen2 sentences2007“It is settled in California that the signature need not be located at the end but may appear in another part of the document, provided the testator wrote his name there with the intention of authenticating or executing the instrument as his will.” (Estate of Bloch (1952) 39 Cal.2d 570, 572-573 [ 248 P.2d 21 ].) Several cases illustrate this rule. 2007“It is settled in California that the signature need not be located at the end but may appear in another part of the document, provided the testator wrote his name there with the intention of authenticating or executing the instrument as his will.” (Estate of Bloch (1952) 39 Cal.2d 570, 572-573 [ 248 P.2d 21 ].) Several cases illustrate this rule. | 1 | 2 |
Norman I. Krug Real Estate Investments, Inc. v. Praszkergreen1 sentence2023Krug Real Estate Investments, Inc. v. Praszker (1990) 220 Cal.App.3d 35, 47 [“The rule favoring appealability in cases of ambiguity cannot apply where there is a clear intention to appeal from only part of the judgment or one of two separate appealable judgments or orders.”].) “‘“Our jurisdiction on appeal is limited in scope to the notice of appeal and the judgment or order appealed from.” [Citation.] We have no jurisdiction over an order not mentioned in the notice of appeal.’” (In re J.F. (2019) 39 Cal.App.5th 70, 75 ; accord, Faunce v. Cate (2013) 222 Cal.App.4th 166, 170 .) In their April | 1 | 1 |
Faunce v. Categreen1 sentence2023Krug Real Estate Investments, Inc. v. Praszker (1990) 220 Cal.App.3d 35, 47 [“The rule favoring appealability in cases of ambiguity cannot apply where there is a clear intention to appeal from only part of the judgment or one of two separate appealable judgments or orders.”].) “‘“Our jurisdiction on appeal is limited in scope to the notice of appeal and the judgment or order appealed from.” [Citation.] We have no jurisdiction over an order not mentioned in the notice of appeal.’” (In re J.F. (2019) 39 Cal.App.5th 70, 75 ; accord, Faunce v. Cate (2013) 222 Cal.App.4th 166, 170 .) In their April | 1 | 1 |
People v. Fostergreen1 sentence2013(Foster, supra, 50 Cal.4th at p. 1332 [“Defendant contends ... the evidence could not be admitted for a purpose other than identity if the identity of the perpetrator was in dispute. | 1 | 1 |
Ope International Lp v. Chet Morrison Contractors, Incorporatedgreen1 sentence2002LP v. Chet Morrison Contractors, Inc. (5th Cir. 2001) 258 F.3d 443, 447 [both of which reached the same result with similar state franchise statutes from Rhode Island and Louisiana, respectively].) 7 However, neither Bradley nor any of the United States Supreme Court decisions relied on by defendants involved a contract formation requirement like the one here, which is doubly neutral; the signature requirement applies to all provisions in credit services agreements and, through the operation of other California statutes, is imposed on a wide range of contracts not covered by the CSA. | 1 | 1 |
Voorheis v. Hawthorne-Michaels Co.green2 sentences2001(Stats. 1929, ch. 474, § 2, p. 835.) The 1929 amendments did not materially alter the signature requirement. 4 (See Voorheis v. Hawthorne-Michaels Co. (1957) 151 Cal.App.2d 688, 693 [ 312 P.2d 51 ].) The strict statutory procedures for completing the deposition with the signature of the deponent were relaxed with the repeal of the 1929 version of Code of Civil Procedure section 2032, upon the adoption of the Civil Discovery Act of 1957. 2001(Stats. 1929, ch. 474, § 2, p. 835.) The 1929 amendments did not materially alter the signature requirement. 4 (See Voorheis v. Hawthorne-Michaels Co. (1957) 151 Cal.App.2d 688, 693 [ 312 P.2d 51 ].) The strict statutory procedures for completing the deposition with the signature of the deponent were relaxed with the repeal of the 1929 version of Code of Civil Procedure section 2032, upon the adoption of the Civil Discovery Act of 1957. | 1 | 1 |
People v. Hjelmgreen2 sentences2001(Stats. 1957, ch. 1904, §§ 1-2, pp. 3321-3322; see People v. Hjelm (1964) 224 Cal.App.2d 649, 655 [ 37 Cal.Rptr. 36 ].) Similarly, the Civil Discovery Act of 1986, as amended, now provides for even more flexible procedures for completing the deposition process. 2001(Stats. 1957, ch. 1904, §§ 1-2, pp. 3321-3322; see People v. Hjelm (1964) 224 Cal.App.2d 649, 655 [ 37 Cal.Rptr. 36 ].) Similarly, the Civil Discovery Act of 1986, as amended, now provides for even more flexible procedures for completing the deposition process. | 1 | 1 |
| Fishman v. Schaffergreen | 1 | 1 |
Storer v. Browngreen2 sentences1977The question is whether a “reasonably diligent” supervisorial candidate for the third district could be expected to meet the signature requirement (see Storer v. Brown, supra, 415 U.S. 724, 738-740 [ 39 L.Ed.2d 714, 728-729 , 94 S.Ct. 1274 ]; Fishman v. Schaffer (D.Conn. 1976) 418 F.Supp. 613, 615, fn. 4 ) or whether the statute imposes an excessively burdensome requirement upon such a candidate. 1977The question is whether a “reasonably diligent” supervisorial candidate for the third district could be expected to meet the signature requirement (see Storer v. Brown, supra, 415 U.S. 724, 738-740 [ 39 L.Ed.2d 714, 728-729 , 94 S.Ct. 1274 ]; Fishman v. Schaffer (D.Conn. 1976) 418 F.Supp. 613, 615, fn. 4 ) or whether the statute imposes an excessively burdensome requirement upon such a candidate. | 1 | 1 |
Williams v. Tuckergreen2 sentences1977(See Storer v. Brown, supra, 415 U.S. 724, 738 [ 39 L.Ed.2d 714, 728 ].) In Storer v. Brown, supra, the United States Supreme Court declared that, on its face, it did not appear to be a denial of equal protection to require an independent presidential candidate to obtain in 24 days 325,000 signatures (5 percent of the total votes cast in the last previous election). (415 U.S. at p. 740 [39 L.Ed.2d at p. 729]; see Williams v. Tucker (M.D.Penn. 1974) 382 F.Supp. 381, 385-386 ; see also American Party of Texas v. White, supra, 415 U.S. 767, 786-787 [ 39 L.Ed.2d 744, 763 ].) In the present case, i 1977(See Storer v. Brown, supra, 415 U.S. 724, 738 [ 39 L.Ed.2d 714, 728 ].) In Storer v. Brown, supra , the United States Supreme Court declared that, on its face, it did not appear to be a denial of equal protection to require an independent presidential candidate to obtain in 24 days 325,000 signatures (5 percent of the total votes cast in the last previous election). (415 U.S. at p. 740 [39 L.Ed.2d at p. 729]; see Williams v. Tucker (M.D.Penn. 1974) 382 F. Supp. 381, 385-386 ; see also American Party of Texas v. White, supra, 415 U.S. 767, 786-787 [ 39 L.Ed.2d 744, 763 ].) In the present case, | 1 | 1 |
| American Party of Texas v. Whitegreen | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in California. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Save the Plastic Bag Coalition v. City of Manhattan Beach
green
2 sentences2024The public interest exception applies “ ‘ “where the question is one of public right and the object of the mandamus is to procure the enforcement of a public duty. ” ’ ” (Save the Plastic Bag, supra, 52 Cal.4th at p. 166 .) The trial court questioned the extent of the public duty in this case, citing the “significant dispute regarding whether the initiative process applies to school districts” and the timing of Loeber’s writ petition, which the court observed came too late to comply with the election timelines set forth in Elections Code section 1405. 2024The public interest exception applies “ ‘ “where the question is one of public right and the object of the mandamus is to procure the enforcement of a public duty. ” ’ ” (Save the Plastic Bag, supra, 52 Cal.4th at p. 166 .) The trial court questioned the extent of the public duty in this case, citing the “significant dispute regarding whether the initiative process applies to school districts” and the timing of Loeber’s writ petition, which the court observed came too late to comply with the election timelines set forth in Elections Code section 1405. | 2 | 2024–2024 |
Bighorn-Desert View Water Agency v. Verjil
green
2 sentences2024(Id. at p. 218.) In reaching this conclusion, the Supreme Court rejected the initiative proponent’s argument, relying on the second sentence of section 3, that the initiative imposing a voter-approval requirement on future charge increases “would ‘affect’ those charges and therefore [wa]s within the constitutional grant of initiative power.” (Bighorn-Desert, supra, 39 Cal.4th at p. 218 .) The court explained that the “evident purpose” of section 3’s second sentence “is not to define how the initiative may be used to impact fees and charges, but instead to specify that the initiative power exte 2024(Id. at p. 218.) In reaching this conclusion, the Supreme Court rejected the initiative proponent’s argument, relying on the second sentence of section 3, that the initiative imposing a voter-approval requirement on future charge increases “would ‘affect’ those charges and therefore [wa]s within the constitutional grant of initiative power.” (Bighorn-Desert, supra, 39 Cal.4th at p. 218 .) The court explained that the “evident purpose” of section 3’s second sentence “is not to define how the initiative may be used to impact fees and charges, but instead to specify that the initiative power exte | 2 | 2024–2024 |
Myers v. City Council of Pismo Beach
green
2 sentences2018In the context of the decision in Myers, supra, 241 Cal.App.2d 237 , 50 Cal.Rptr. 402 and its progeny, section 3's purpose and function concern the preservation of voters' initiative powers. 2018In the context of the decision in Myers, supra, 241 Cal.App.2d 237 , 50 Cal.Rptr. 402 and its progeny, section 3's purpose and function concern the preservation of voters' initiative powers. | 2 | 2018–2018 |
Cione v. Foresters Equity Services, Inc.
green
1 sentence2025Cione v. Foresters Equity Services, Inc. (1997) 58 Cal.App.4th 625 , which Miso heavily relies on in urging us to find the arbitration agreement enforceable, does not change our analysis. | 1 | 2025–2025 |
Marcus & Millichap Real Estate Investment Brokerage Co. v. Hock Investment Co.
green
1 sentence2025The court in Marcus & Millichap Real Estate Investment Brokerage Co. v. Hock Investment Co. (1998) 68 Cal.App.4th 83 (Marcus) similarly held signatures are required to form an agreement to arbitrate when the language of the agreement imposes that requirement. | 1 | 2025–2025 |
Sully-Miller Contracting Co. v. Gledson/Cashman Construction, Inc.
green
1 sentence2023(Sully-Miller Contracting Co. v. Gledson/Cashman Construction, Inc. (2002) 103 Cal.App.4th 30, 37 .) Consequently, if a party seeks to enforce a written agreement under section 664.6, the 8 party must strictly comply with the section’s signature requirement. | 1 | 2023–2023 |
Biakanja v. Irving
green
1 sentence2023Further, the Simonses did not have standing to sue the Signature defendants for the unauthorized practice of law or to sue the Citadel defendants for “‘aiding and abetting’” Kim because the Simonses did not allege Herbert intended to provide a benefit to Jordan and Benjamin through the 2019 estate plan and, therefore, the Signature and Citadel defendants did not owe them a duty.5 The trial court also sustained the demurrers to the third 4 Judge Landin. 5 The trial court explained that a plaintiff could bring a cause of action for the unauthorized practice of law by alleging an unlicensed pract | 1 | 2023–2023 |
Persons Coming Under the Juvenile Court Law. San Bernardino Cnty. Children v. B.F. (In re J.F.)
green
1 sentence2023Krug Real Estate Investments, Inc. v. Praszker (1990) 220 Cal.App.3d 35, 47 [“The rule favoring appealability in cases of ambiguity cannot apply where there is a clear intention to appeal from only part of the judgment or one of two separate appealable judgments or orders.”].) “‘“Our jurisdiction on appeal is limited in scope to the notice of appeal and the judgment or order appealed from.” [Citation.] We have no jurisdiction over an order not mentioned in the notice of appeal.’” (In re J.F. (2019) 39 Cal.App.5th 70, 75 ; accord, Faunce v. Cate (2013) 222 Cal.App.4th 166, 170 .) In their April | 1 | 2023–2023 |
Nielsen Construction Co. v. International Iron Products
green
1 sentence2016(Nielsen, supra, 18 Cal.App.4th at p. 868 .) The Legislature has included in many statutes language limiting a signature requirement to the party to be bound; accordingly, if it had chosen to do so, the Legislature could have included such language in section 3864, but it did not. | 1 | 2016–2016 |
Stein v. City of Santa Monica
green
1 sentence2014(See DeVita, supra, 9 Cal.4th at pp. 793-795; Stein, supra, 110 Cal.App.3d at p. 461 .) The question here is whether the result should be different in the direct adoption context. | 1 | 2014–2014 |
Kachlon v. Markowitz
green
1 sentence2014(Kachlon, supra, 168 Cal.App.4th at p. 349 .) This case involves the reverse situation—the trustee, Fidelity, is entitled to recover attorney fees from the trustor, Signature. | 1 | 2014–2014 |
Hassoldt v. Patrick Media Group, Inc.
green
2 sentences2013He relies on a civil case, Hassoldt v. Patrick Media Group, Inc. (2000) 84 Cal.App.4th 153 [ 100 Cal.Rptr.2d 662 ], in which it was suggested that “where the identity of the actor is in dispute and the uncharged misconduct fails to satisfy the stringent ‘so unusual and distinctive as to be like a signature’ standard enunciated in Ewoldt , the uncharged conduct is not admissible on such issues as intent, motive or lack of mistake or accident. . . .” (Id., at p. 166.) We have since clarified that the passage from Hassoldt is an incorrect statement of the law. 2013He relies on a civil case, Hassoldt v. Patrick Media Group, Inc. (2000) 84 Cal.App.4th 153 [ 100 Cal.Rptr.2d 662 ], in which it was suggested that “where the identity of the actor is in dispute and the uncharged misconduct fails to satisfy the stringent ‘so unusual and distinctive as to be like a signature’ standard enunciated in Ewoldt , the uncharged conduct is not admissible on such issues as intent, motive or lack of mistake or accident. . . .” (Id., at p. 166.) We have since clarified that the passage from Hassoldt is an incorrect statement of the law. | 1 | 2013–2013 |
Levy v. Superior Court
green
1 sentence2013(See id. at pp. 583-584.) In interpreting section 664.6 in this manner, the Levy court reasoned that "settlement is such a serious step that it requires the client's knowledge and express consent." (Levy, supra, 10 Cal.4th at p. 583 .) The court further observed that a party- signature requirement will "tend[ ] to ensure that the settlement is the result of their mature reflection and deliberate assent. | 1 | 2013–2013 |
Richmond v. Shasta Community Services District
green
1 sentence2006The Court of Appeal stated: “Article XIII C governs special and general taxes, which are not at issue here.” Kelley argues that this statement is erroneous because section 3 of article XIH C is not limited to special and general taxes, but applies by it terms to “any local tax, assessment, fee or charge.” When interpreting a provision of our state Constitution, our aim is “to determine and effectuate the intent of those who enacted the constitutional provision at issue.” (Richmond, supra, 32 Cal.4th at p. 418 .) When, as here, the voters enacted the provision, their intent governs. | 1 | 2006–2006 |
Hessenthaler v. Farzin
green
2 sentences2001(E.g., Hessenthaler v. Farzin (1989) 388 Pa.Super. 37 , 564 A.2d 990, 993-994 ; Hillstrom v. Gosnay (1980) 188 Mont. 388 , 614 P.2d 466, 470 .) Even a tape recording identifying the parties has been determined to meet the signature requirement of the Uniform Commercial Code. ( Ellis Canning Company v. Bernstein (D.Colo. 1972) 348 F.Supp. 1212,1228 .) When an advertisement constitutes an offer, the printed name of the *821 merchant is intended to authenticate the advertisement as that of the merchant. 2001(E.g., Hessenthaler v. Farzin (1989) 388 Pa.Super. 37 , 564 A.2d 990, 993-994 ; Hillstrom v. Gosnay (1980) 188 Mont. 388 , 614 P.2d 466, 470 .) Even a tape recording identifying the parties has been determined to meet the signature requirement of the Uniform Commercial Code. ( Ellis Canning Company v. Bernstein (D.Colo. 1972) 348 F.Supp. 1212,1228 .) When an advertisement constitutes an offer, the printed name of the *821 merchant is intended to authenticate the advertisement as that of the merchant. | 1 | 2001–2001 |
Hillstrom v. Gosnay
green
2 sentences2001(E.g., Hessenthaler v. Farzin (1989) 388 Pa.Super. 37 , 564 A.2d 990, 993-994 ; Hillstrom v. Gosnay (1980) 188 Mont. 388 , 614 P.2d 466, 470 .) Even a tape recording identifying the parties has been determined to meet the signature requirement of the Uniform Commercial Code. ( Ellis Canning Company v. Bernstein (D.Colo. 1972) 348 F.Supp. 1212,1228 .) When an advertisement constitutes an offer, the printed name of the *821 merchant is intended to authenticate the advertisement as that of the merchant. 2001(E.g., Hessenthaler v. Farzin (1989) 388 Pa.Super. 37 , 564 A.2d 990, 993-994 ; Hillstrom v. Gosnay (1980) 188 Mont. 388 , 614 P.2d 466, 470 .) Even a tape recording identifying the parties has been determined to meet the signature requirement of the Uniform Commercial Code. ( Ellis Canning Company v. Bernstein (D.Colo. 1972) 348 F.Supp. 1212,1228 .) When an advertisement constitutes an offer, the printed name of the *821 merchant is intended to authenticate the advertisement as that of the merchant. | 1 | 2001–2001 |
Ellis Canning Company v. Bernstein
green
2 sentences2001(E.g., Hessenthaler v. Farzin (1989) 388 Pa.Super. 37 , 564 A.2d 990, 993-994 ; Hillstrom v. Gosnay (1980) 188 Mont. 388 , 614 P.2d 466, 470 .) Even a tape recording identifying the parties has been determined to meet the signature requirement of the Uniform Commercial Code. ( Ellis Canning Company v. Bernstein (D.Colo. 1972) 348 F.Supp. 1212,1228 .) When an advertisement constitutes an offer, the printed name of the *821 merchant is intended to authenticate the advertisement as that of the merchant. 2001(Ellis Canning Company v. Bernstein (D.Colo. 1972) 348 F.Supp. 1212, 1228 .) When an advertisement constitutes an offer, the printed name of the merchant is intended to authenticate the advertisement as that of the merchant. | 1 | 2001–2001 |
cluster 284481
green
2 sentences1985Appellants cite Superior Oil Company v. Udall, supra, 409 F.2d 1115 for the rule that the board’s power to waive the signature requirement cannot overcome the importance of protecting the integrity of the bidding process. 1985Appellants cite Superior Oil Company v. Udall, supra, 409 F.2d 1115 for the rule that the board’s power to waive the signature requirement cannot overcome the importance of protecting the integrity of the bidding process. | 1 | 1985–1985 |
Stewart v. Justice Ct. for Avenal Judicial Dist. of Kings Cty.
green
1 sentence1983A checkmark was placed in front of certain items including, “Defendant made knowing and intelligent waiver of counsel.” Typed on the backside of the docket and over the judge’s signature as to waiver was, “Defendant freely and intelligently waived all constitutional rights and entered a plea of guilty to charge.” (Stewart, supra, 74 Cal.App.3d, at p. 609 .) Again, however, there was no signature or initial by the defendant to verify the accuracy of the recitations in the waiver. | 1 | 1983–1983 |
| People v. Superior Court green | 1 | 1969–1969 |
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.
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.