unfair hearing (California) · Go Syfert
← California issues

unfair hearing in California

27 California opinions name it 3 courts 1952–2025 11 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 (11)

CaseFollowedCited
Western Landscape Construction v. BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASS'Ngreen
calctapp · 1997 · cited in 2 California opinions naming this issue, 2018–2018
2 sentences

2018Moradi-Shalal confined itself to succinctly repudiating Royal Globe's *164 discernment of a private right of action in the four corners of the (UIPA) itself." (See Id. at p. 385, 159 Cal.Rptr.3d 672 , 304 P.3d 163 (conc. opn. of Werdeger, J.).) Because we find Moradi-Shalal did not overrule Royal Globe on the issue of whether a single violation, knowingly committed, would qualify as *410 an unfair claim settlement practice under section 790.03(h), its negative commentary on the point is not binding precedent as we consider the issue. " '[A] decision is not authority for what is said in the opi

2018Moradi-Shalal confined itself to succinctly repudiating Royal Globe's *164 discernment of a private right of action in the four corners of the (UIPA) itself." (See Id. at p. 385, 159 Cal.Rptr.3d 672 , 304 P.3d 163 (conc. opn. of Werdeger, J.).) Because we find Moradi-Shalal did not overrule Royal Globe on the issue of whether a single violation, knowingly committed, would qualify as *410 an unfair claim settlement practice under section 790.03(h), its negative commentary on the point is not binding precedent as we consider the issue. " '[A] decision is not authority for what is said in the opi

22
Wilson v. 21st Century Insurancegreen
cal · 2007 · cited in 2 California opinions naming this issue, 2014–2014
2 sentences

2014It cited Lyon, in which that same court had held that in the “third-party” situation -- 10 in California, “[t]o fulfill its implied obligation [of good faith and fair dealing], an insurer must give at least as much consideration to the interests of the insured as it gives to its own interests.” (Wilson, supra, 42 Cal.4th at p. 720 [applying principle to first-party bad faith action].) Moreover, under section 790.03, subdivision (h)(5) of California’s Insurance Code, it is an unfair claim settlement practice not to “attempt[] in good faith to effectuate prompt, fair, and equitable settlements o

2014Exchange (Utah 1985) 701 P.2d 795, 799 (Beck).) 4 As discussed above, in California, “[t]o fulfill its implied obligation [of good faith and fair dealing], an insurer must give at least as much consideration to the interests of the insured as it gives to its own interests.” (Wilson, supra, 42 Cal.4th at p. 720 [applying principle to first party bad faith action].) Moreover, under section 790.03, subdivision (h)(5) of California’s Insurance Code, it is an unfair claim settlement practice not to “attempt[] in good faith to effectuate prompt, fair, and equitable settlements of claims in which lia

22
Trope v. Katzgreen
cal · 1995 · cited in 2 California opinions naming this issue, 2018–2018
2 sentences

2018Moradi-Shalal confined itself to succinctly repudiating Royal Globe's *164 discernment of a private right of action in the four corners of the (UIPA) itself." (See Id. at p. 385, 159 Cal.Rptr.3d 672 , 304 P.3d 163 (conc. opn. of Werdeger, J.).) Because we find Moradi-Shalal did not overrule Royal Globe on the issue of whether a single violation, knowingly committed, would qualify as *410 an unfair claim settlement practice under section 790.03(h), its negative commentary on the point is not binding precedent as we consider the issue. " '[A] decision is not authority for what is said in the opi

2018Moradi-Shalal confined itself to succinctly repudiating Royal Globe's *164 discernment of a private right of action in the four corners of the (UIPA) itself." (See Id. at p. 385, 159 Cal.Rptr.3d 672 , 304 P.3d 163 (conc. opn. of Werdeger, J.).) Because we find Moradi-Shalal did not overrule Royal Globe on the issue of whether a single violation, knowingly committed, would qualify as *410 an unfair claim settlement practice under section 790.03(h), its negative commentary on the point is not binding precedent as we consider the issue. " '[A] decision is not authority for what is said in the opi

12
Alki Partners, LP v. DB Fund Services, LLCgreen
calctapp · 2016 · cited in 1 California opinions naming this issue, 2025–2025
1 sentence

2025We reject plaintiffs’ claims regarding an alleged unfair hearing process because they failed to properly brief the issues with appropriate record citations (Alki Partners, LP v. DB Fund Services, LLC, supra, 4 Cal.App.5th at p. 590, fn. 8 ) and because they forfeited the portion of their argument regarding the community benefits agreement by failing to raise it in the trial court (A Local & Regional Monitor v. City of Los Angeles, supra, 12 Cal.App.4th at p. 1804 ).

11
People v. Gonzalesgreen
cal · 2011 · cited in 1 California opinions naming this issue, 2015–2015
1 sentence

2015(See People v. Gonzales (2011) 51 Cal.4th 894, 946-947 [prosecutor’s remarks regarding the murder victim’s mother’s shortcomings as a parent did not amount to deceptive or reprehensible methods of persuasion].) Nor does defendant make any colorable argument that the prosecutor’s inappropriate conduct was so pervasive and egregious that it rendered the trial unfair and a violation of defendant’s federal due process rights.

11
Beck v. Farmers Insurance Exchangegreen
utah · 1985 · cited in 1 California opinions naming this issue, 2014–2014
1 sentence

2014Exchange (Utah 1985) 701 P.2d 795, 799 (Beck).) 4 As discussed above, in California, “[t]o fulfill its implied obligation [of good faith and fair dealing], an insurer must give at least as much consideration to the interests of the insured as it gives to its own interests.” (Wilson, supra, 42 Cal.4th at p. 720 [applying principle to first party bad faith action].) Moreover, under section 790.03, subdivision (h)(5) of California’s Insurance Code, it is an unfair claim settlement practice not to “attempt[] in good faith to effectuate prompt, fair, and equitable settlements of claims in which lia

11
Shively v. Stewartgreen
cal · 1966 · cited in 1 California opinions naming this issue, 1996–1996
11
Brewer v. Railroad Commissiongreen
cal · 1922 · cited in 1 California opinions naming this issue, 1964–1964
11
Pacific Gas & Electric Co. v. Devlingreen
cal · 1922 · cited in 1 California opinions naming this issue, 1964–1964
11
People v. Gosdengreen
cal · 1936 · cited in 1 California opinions naming this issue, 1961–1961
11
People v. Friendgreen
cal · 1958 · cited in 1 California opinions naming this issue, 1961–1961
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 (26)

CaseCitedYears
City of Pleasanton v. Board of Administration of Public Employees' Retirement System green
calctapp · 2012
2 sentences

2021BCDC adhered to its procedures in the course of Respondents’ hearing, and its process was similar to the one validated in Pleasanton, supra, 211 Cal.App.4th 522 .

2021BCDC adhered to its procedures in the course of Respondents’ hearing, and its process was similar to the one validated in Pleasanton, supra, 211 Cal.App.4th 522 .

32021–2021
Nickell v. Matlock green
calctapp · 2012
2 sentences

2021(See Nickell, supra, 206 Cal.App.4th at p. 947 .) Respondents proffer two incidents of ex parte communications involving a Board member which they say reinforced the appearance of unfairness and created an appearance of bias.

2021(See Nickell, supra, 206 Cal.App.4th at p. 947 .) Respondents proffer two incidents of ex parte communications involving a Board member which they say reinforced the appearance of unfairness and created an appearance of bias.

22021–2021
Childers v. Childers green
calctapp · 1946
2 sentences

2018Moradi-Shalal confined itself to succinctly repudiating Royal Globe's *164 discernment of a private right of action in the four corners of the (UIPA) itself." (See Id. at p. 385, 159 Cal.Rptr.3d 672 , 304 P.3d 163 (conc. opn. of Werdeger, J.).) Because we find Moradi-Shalal did not overrule Royal Globe on the issue of whether a single violation, knowingly committed, would qualify as *410 an unfair claim settlement practice under section 790.03(h), its negative commentary on the point is not binding precedent as we consider the issue. " '[A] decision is not authority for what is said in the opi

2018Moradi-Shalal confined itself to succinctly repudiating Royal Globe's *164 discernment of a private right of action in the four corners of the (UIPA) itself." (See Id. at p. 385, 159 Cal.Rptr.3d 672 , 304 P.3d 163 (conc. opn. of Werdeger, J.).) Because we find Moradi-Shalal did not overrule Royal Globe on the issue of whether a single violation, knowingly committed, would qualify as *410 an unfair claim settlement practice under section 790.03(h), its negative commentary on the point is not binding precedent as we consider the issue. " '[A] decision is not authority for what is said in the opi

22018–2018
A Local & Regional Monitor v. City of Los Angeles green
calctapp · 1993
1 sentence

2025We reject plaintiffs’ claims regarding an alleged unfair hearing process because they failed to properly brief the issues with appropriate record citations (Alki Partners, LP v. DB Fund Services, LLC, supra, 4 Cal.App.5th at p. 590, fn. 8 ) and because they forfeited the portion of their argument regarding the community benefits agreement by failing to raise it in the trial court (A Local & Regional Monitor v. City of Los Angeles, supra, 12 Cal.App.4th at p. 1804 ).

12025–2025
Badie v. Bank of America green
calctapp · 1998
1 sentence

2024(Badie v. Bank of America (1998) 67 Cal.App.4th 779, 784-785 .) The Hook-Wilsons thus have not met their burden to show an unfair hearing before the City Council, either.

12024–2024
Lippman v. City of Oakland green
calctapp5d · 2017
2 sentences

2024Plaintiffs also asserted that Fremont’s hearing process for appeals was deficient, and, quoting Lippman, supra, 19 Cal.App.5th 750 , they argued that “ ‘there is a mandatory duty to establish a local appeals board or an agency authorized to hear appeals.

2024Plaintiffs also asserted that Fremont’s hearing process for appeals was deficient, and, quoting Lippman, supra, 19 Cal.App.5th 750 , they argued that “ ‘there is a mandatory duty to establish a local appeals board or an agency authorized to hear appeals.

12024–2024
Hackethal v. California Medical Assn. green
calctapp · 1982
1 sentence

2022Indeed, the Haas court noted that this conclusion had been followed “in cases involving administrative tribunals,” citing Hackethal v. California Medical Assn. (1982) 138 Cal.App.3d 435 .

12022–2022
Hoso Foods, Inc. v. Columbus Club, Inc. green
calctapp · 2010
1 sentence

2022(See Gueyffier v. Ann Summers, Ltd., supra, 43 Cal.4th at pp. 1187-1188 [summarizing O’Flaherty].) Paydar also relies on cases such as Hoso Foods, Inc. v. Columbus Club, Inc. (2010) 190 Cal.App.4th 881 and Emerald Aero, LLC v. Kaplan, supra, 9 Cal.App.5th 1125 for the proposition that an arbitrator will exceed his powers by conducting an unfair hearing.

12022–2022
Gueyffier v. Ann Summers, Ltd. green
cal · 2008
1 sentence

2022(See Gueyffier v. Ann Summers, Ltd., supra, 43 Cal.4th at pp. 1187-1188 [summarizing O’Flaherty].) Paydar also relies on cases such as Hoso Foods, Inc. v. Columbus Club, Inc. (2010) 190 Cal.App.4th 881 and Emerald Aero, LLC v. Kaplan, supra, 9 Cal.App.5th 1125 for the proposition that an arbitrator will exceed his powers by conducting an unfair hearing.

12022–2022
Emerald Aero, LLC v. Kaplan green
calctapp · 2017
2 sentences

2022(See Gueyffier v. Ann Summers, Ltd., supra, 43 Cal.4th at pp. 1187-1188 [summarizing O’Flaherty].) Paydar also relies on cases such as Hoso Foods, Inc. v. Columbus Club, Inc. (2010) 190 Cal.App.4th 881 and Emerald Aero, LLC v. Kaplan, supra, 9 Cal.App.5th 1125 for the proposition that an arbitrator will exceed his powers by conducting an unfair hearing.

2022(See Gueyffier v. Ann Summers, Ltd., supra, 43 Cal.4th at pp. 1187-1188 [summarizing O’Flaherty].) Paydar also relies on cases such as Hoso Foods, Inc. v. Columbus Club, Inc. (2010) 190 Cal.App.4th 881 and Emerald Aero, LLC v. Kaplan, supra, 9 Cal.App.5th 1125 for the proposition that an arbitrator will exceed his powers by conducting an unfair hearing.

12022–2022
San Diego County Health & Human Services Agency v. John L. green
cal · 2010
1 sentence

2021(John L., supra, 48 Cal.4th at p. 154 .) Based on the totality of the circumstances here, we perceive no basis upon which to conclude that the trial court’s failure to elicit his personal waiver here on the record resulted in an unfair hearing.

12021–2021
Zhang v. Superior Court green
cal · 2013
2 sentences

2018Moradi-Shalal confined itself to succinctly repudiating Royal Globe's *164 discernment of a private right of action in the four corners of the (UIPA) itself." (See Id. at p. 385, 159 Cal.Rptr.3d 672 , 304 P.3d 163 (conc. opn. of Werdeger, J.).) Because we find Moradi-Shalal did not overrule Royal Globe on the issue of whether a single violation, knowingly committed, would qualify as *410 an unfair claim settlement practice under section 790.03(h), its negative commentary on the point is not binding precedent as we consider the issue. " '[A] decision is not authority for what is said in the opi

2018Moradi-Shalal confined itself to succinctly repudiating Royal Globe's *164 discernment of a private right of action in the four corners of the (UIPA) itself." (See Id. at p. 385, 159 Cal.Rptr.3d 672 , 304 P.3d 163 (conc. opn. of Werdeger, J.).) Because we find Moradi-Shalal did not overrule Royal Globe on the issue of whether a single violation, knowingly committed, would qualify as *410 an unfair claim settlement practice under section 790.03(h), its negative commentary on the point is not binding precedent as we consider the issue. " '[A] decision is not authority for what is said in the opi

12018–2018
People v. Hardy green
cal · 1992
1 sentence

2016(People v. Hardy (1992) 2 Cal.4th 86, 173 .) None of the statements together or alone resulted in an unfair violation of either defendant’s state of federal constitutional rights.

12016–2016
In Re Yvonne W. green
calctapp · 2008
1 sentence

2015(In re Yvonne W. (2008) 165 Cal.App.4th 1394, 1404 .) Additionally, whether there was sufficient evidence to support the court’s ruling, whether the court abused its discretion in favoring a nonparent over a parent, and whether the court judged appellant’s conduct on an unfair standard are not questions of continuing public importance because they are based on the particular facts of this case.

12015–2015
In Re Natasha A. green
calctapp · 1996
1 sentence

2015(In re Natasha A. (1996) 42 Cal.App.4th 28, 38 .)7 Lastly, we reject appellant’s assertion that respondent’s “claim that [he] abandoned his status as a ‘presumed father’ is also without justification” because he “argues throughout his brief that the court refused to consider or understand the significance of a psychological, emotional father, presumed father ….” It is clear from the court’s ruling, quoted above, that its determination rested on appellant’s status as a legal father pursuant to the then-operative Ventura County judgment.

12015–2015
ELIZABETH D. v. Zolin green
calctapp · 1993
1 sentence

2014Rather, we must presume that the findings were supported by substantial evidence.’ ” (Elizabeth D. v. Zolin (1993) 21 Cal.App.4th 347, 354 .) Because the trial court did not have a complete record, it was required to presume the findings were supported by substantial evidence, and there was no evidentiary basis for Khan’s claim of an unfair hearing.

12014–2014
Chern v. Bank of America green
cal · 1976
1 sentence

2013(See Chern v. Bank of America (1976) 15 Cal.3d 866 .) Second, a business practice is ―fraudulent‖ if ―members of the public are likely to be deceived.‖ (Kasky v. Nike, Inc. (2002) 27 Cal.4th 939, 951 .) Third, an ―unfair‖ business practice ―occurs when it offends an established public policy or when the practice is immoral, unethical, oppressive, unscrupulous or substantively injurious to consumers.‖ (People v. Casa Blanca Convalescent Homes, Inc. (1984) 159 Cal.App.3d 509, 530 .) However, ―[c]ourts may not simply impose their own notions of the day as to what is fair or unfair.‖ (Cel-Tech Com

12013–2013
People v. Casa Blanca Convalescent Homes, Inc. green
calctapp · 1984
1 sentence

2013(See Chern v. Bank of America (1976) 15 Cal.3d 866 .) Second, a business practice is ―fraudulent‖ if ―members of the public are likely to be deceived.‖ (Kasky v. Nike, Inc. (2002) 27 Cal.4th 939, 951 .) Third, an ―unfair‖ business practice ―occurs when it offends an established public policy or when the practice is immoral, unethical, oppressive, unscrupulous or substantively injurious to consumers.‖ (People v. Casa Blanca Convalescent Homes, Inc. (1984) 159 Cal.App.3d 509, 530 .) However, ―[c]ourts may not simply impose their own notions of the day as to what is fair or unfair.‖ (Cel-Tech Com

12013–2013
Kasky v. Nike, Inc. green
cal · 2003
1 sentence

2013(See Chern v. Bank of America (1976) 15 Cal.3d 866 .) Second, a business practice is ―fraudulent‖ if ―members of the public are likely to be deceived.‖ (Kasky v. Nike, Inc. (2002) 27 Cal.4th 939, 951 .) Third, an ―unfair‖ business practice ―occurs when it offends an established public policy or when the practice is immoral, unethical, oppressive, unscrupulous or substantively injurious to consumers.‖ (People v. Casa Blanca Convalescent Homes, Inc. (1984) 159 Cal.App.3d 509, 530 .) However, ―[c]ourts may not simply impose their own notions of the day as to what is fair or unfair.‖ (Cel-Tech Com

12013–2013
Cel-Tech Communications, Inc. v. Los Angeles Cellular Telephone Co. green
cal · 1999
1 sentence

2013(See Chern v. Bank of America (1976) 15 Cal.3d 866 .) Second, a business practice is ―fraudulent‖ if ―members of the public are likely to be deceived.‖ (Kasky v. Nike, Inc. (2002) 27 Cal.4th 939, 951 .) Third, an ―unfair‖ business practice ―occurs when it offends an established public policy or when the practice is immoral, unethical, oppressive, unscrupulous or substantively injurious to consumers.‖ (People v. Casa Blanca Convalescent Homes, Inc. (1984) 159 Cal.App.3d 509, 530 .) However, ―[c]ourts may not simply impose their own notions of the day as to what is fair or unfair.‖ (Cel-Tech Com

12013–2013
People v. Lent green
cal · 1975
2 sentences

2010(Maj. opn., ante, at pp. 851-852.) Our high court has never suggested that a condition of probation that has no relationship to the crime of which the defendant is convicted, relates to conduct that is not itself criminal, and requires or forbids conduct that is not reasonably related to future criminality (Lent, supra, 15 Cal.3d at p. 486 ) can nevertheless be legitimated by an “agreement” of the sort appellant entered into with the trial court here.

2010(Maj. opn., ante, at pp. 851-852.) Our high court has never suggested that a condition of probation that has no relationship to the crime of which the defendant is convicted, relates to conduct that is not itself criminal, and requires or forbids conduct that is not reasonably related to future criminality ( Lent, supra, 15 Cal.3d at p. 486 ) can nevertheless be legitimated by an "agreement" of the sort appellant entered into with the trial court here.

12010–2010
People v. Brewer green
calctapp · 2001
2 sentences

2010The unfair waiver theory adopted by the majority is not, as my colleagues say, authorized by People v. Bravo (1987) 43 Cal.3d 600 [ 238 Cal.Rptr. 282 , 738 P.2d 336 ] (Bravo), by our opinion in People v. Brewer (2001) 87 Cal.App.4th 1298 [ 105 Cal.Rptr.2d 293 ] (Brewer), or by any other California case.

2010The unfair waiver theory adopted by the majority is not, as my colleagues say, authorized by People v. Bravo (1987) 43 Cal.3d 600 [ 238 Cal.Rptr. 282 , 738 P.2d 336 ] (Bravo), by our opinion in People v. Brewer (2001) 87 Cal.App.4th 1298 [ 105 Cal.Rptr.2d 293 ] (Brewer), or by any other California case.

12010–2010
People v. Bravo green
cal · 1987
2 sentences

2010The unfair waiver theory adopted by the majority is not, as my colleagues say, authorized by People v. Bravo (1987) 43 Cal.3d 600 [ 238 Cal.Rptr. 282 , 738 P.2d 336 ] (Bravo), by our opinion in People v. Brewer (2001) 87 Cal.App.4th 1298 [ 105 Cal.Rptr.2d 293 ] (Brewer), or by any other California case.

2010The unfair waiver theory adopted by the majority is not, as my colleagues say, authorized by People v. Bravo (1987) 43 Cal.3d 600 [ 238 Cal.Rptr. 282 , 738 P.2d 336 ] (Bravo), by our opinion in People v. Brewer (2001) 87 Cal.App.4th 1298 [ 105 Cal.Rptr.2d 293 ] (Brewer), or by any other California case.

12010–2010
Podolsky v. First Healthcare Corp. green
calctapp · 1996
1 sentence

1998In brief, the court must weigh the utility of the defendant’s conduct against the gravity of the harm to the alleged victim ....’” An unfair business practice occurs when the practice ‘ “offends an established public policy or when the practice is immoral, unethical, oppressive, unscrupulous or substantially injurious to consumers.” ’ ” (Podolsky v. First Healthcare Corp., supra, 50 Cal.App.4th 632, 647 , citations omitted.) Regarding both the practice of discounting and the practice of paying commissions for marketing services, discussed later in this opinion, the trial court found that “Duz-

11998–1998
Westlake Community Hospital v. Superior Court green
cal · 1976
11980–1980
Morgan v. United States green
scotus · 1936
11952–1952

Statutes the citing opinions construe

CA § Cal. Government Code § 66600 (3) CA § Cal. Government Code § 66620 (3) CA § Cal. Government Code § 66635 (3) CA § Cal. Government Code § 66637 (3) CA § Cal. Government Code § 66639 (3) CA § Cal. Government Code § 66641.5 (3) CA § Cal. Government Code § 66641.9 (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

CT 30 (1985–2003) CA 27 (1952–2025) TX 16 (1988–2025) IL 12 (1974–2026) MA 10 (1983–2023) NY 8 (1894–2024) NC 6 (1915–2007) WV 5 (1981–2021) MD 5 (1977–2025) ND 4 (1991–2004) OK 3 (1997–2020) AZ 2 (2009–2009) WA 2 (1990–2020) AL 2 (1984–2001)

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.

← Caselaw search · G Cite Topics · Brief Check