26 California opinions name it 2 courts 1992–2025 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.
| Case | Followed | Cited |
|---|---|---|
People v. Stewartgreen2 sentences2016(People v. Smith (1993) 6 Cal.4th 684, 694 .) “ ‘When, after trial, a defendant asks the trial court to appoint new counsel to prepare and present a motion for new trial on the ground of ineffective assistance of counsel, the court must conduct a hearing to explore the reasons underlying the request. [Citations.] If the claim of inadequacy relates to courtroom events that the trial court observed, the court will generally be able to resolve the new trial motion without appointing new counsel for the defendant. [Citation.] If, on the other hand, the defendant’s claim of inadequacy relates to ma 2016Relevant Legal Principles " 'When, after trial, a defendant asks the trial court to appoint new counsel to prepare and present a motion for new trial on the ground of ineffective assistance of counsel, the court must conduct a hearing to explore the reasons underlying the request. [Citations.] If the claim of inadequacy relates to courtroom events that the trial court observed, the court will generally be able to resolve the new trial motion without appointing new counsel for the defendant. [Citation.] If, on the other hand, the defendant's claim of inadequacy relates to matters that occurred | 4 | 5 |
People v. Diazgreen2 sentences2022“When, after trial, a defendant asks the trial court to appoint new counsel to prepare and present a motion for new trial on the ground of ineffective assistance of counsel, the court must conduct a hearing to explore the reasons underlying the request. [Citations.] If the claim of inadequacy relates to courtroom events that the trial court observed, the court will generally be able to resolve the new trial motion without appointing new counsel for the defendant. [Citation.] If, on the other hand, the defendant’s claim of inadequacy relates to matters that occurred outside the courtroom, and t 1998(See 171 Cal.App.3d at pp. 396-397.) In the court’s view, Soria’s representation was adequate, “and I certainly don’t think by any stretch of the imagination that any more favorable determination would have occurred.” “When, after trial, a defendant asks the trial court to appoint new counsel to prepare and present a motion for new trial on the ground of ineffective assistance of counsel, the court must conduct a hearing to explore the reasons underlying the request. [Citations.] If the claim of inadequacy relates to courtroom events that the trial court observed, the court will generally be a | 3 | 3 |
People v. Swordgreen2 sentences2014Once the application is filed, the court must conduct a hearing, commonly called the outpatient placement hearing. (§ 1026.2, subd. (a); see Soiu, supra, 106 Cal.App.4th at pp. 1196–1197.) [¶] At the outpatient placement hearing, which is the type of hearing that was held in this case, the applicant must demonstrate [she] will not ‘be a danger to the health and safety of others, due to mental defect, disease, or disorder, while under supervision and treatment in the community.’ (§ 1026.2 , subd. (e) []; see Soiu, supra, 106 Cal.App.4th at p. 1196 .)” (Dobson, supra, 161 Cal.App.4th at p. 1432 2008(Soiu, supra, 106 Cal.App.4th at p. 1196 ; Barnes v. Superior Court (1986) 186 Cal.App.3d 969, 973 [ 231 Cal.Rptr. 158 ] (Barnes).) The first step requires the person to apply for release to the superior court of the county from which the commitment was made. (§ 1026.2, subd. (a).) Such an application cannot be made until the person has served an initial 180-day commitment period. (§ 1026.2, subd. (d).) Once the application is filed, the court must conduct a hearing, commonly called the outpatient placement hearing. (§ 1026.2, subd. (a); see Soiu, supra, 106 Cal.App.4th at pp. 1196-1197.) At t | 3 | 3 |
People v. Soiugreen2 sentences2014Once the application is filed, the court must conduct a hearing, commonly called the outpatient placement hearing. (§ 1026.2, subd. (a); see Soiu, supra, 106 Cal.App.4th at pp. 1196–1197.) [¶] At the outpatient placement hearing, which is the type of hearing that was held in this case, the applicant must demonstrate [she] will not ‘be a danger to the health and safety of others, due to mental defect, disease, or disorder, while under supervision and treatment in the community.’ (§ 1026.2 , subd. (e) []; see Soiu, supra, 106 Cal.App.4th at p. 1196 .)” (Dobson, supra, 161 Cal.App.4th at p. 1432 2014Once the application is filed, the court must conduct a hearing, commonly called the outpatient placement hearing. (§ 1026.2, subd. (a); see Soiu, supra, 106 Cal.App.4th at pp. 1196–1197.) [¶] At the outpatient placement hearing, which is the type of hearing that was held in this case, the applicant must demonstrate [she] will not ‘be a danger to the health and safety of others, due to mental defect, disease, or disorder, while under supervision and treatment in the community.’ (§ 1026.2 , subd. (e) []; see Soiu, supra, 106 Cal.App.4th at p. 1196 .)” (Dobson, supra, 161 Cal.App.4th at p. 1432 | 3 | 3 |
People v. Marsdengreen2 sentences2022(Marsden, supra, 2 Cal.3d at p. 123 ; People v. Smith (1993) 6 Cal.4th 684, 694 ; see also People v. Martinez (2009) 47 Cal.4th 399, 419 [Marsden was intended to provide protection to the right to counsel].) This request may be made at any stage in the criminal proceedings and the court must conduct a hearing, known as a Marsden hearing. 2016Relevant Legal Principles " 'When, after trial, a defendant asks the trial court to appoint new counsel to prepare and present a motion for new trial on the ground of ineffective assistance of counsel, the court must conduct a hearing to explore the reasons underlying the request. [Citations.] If the claim of inadequacy relates to courtroom events that the trial court observed, the court will generally be able to resolve the new trial motion without appointing new counsel for the defendant. [Citation.] If, on the other hand, the defendant's claim of inadequacy relates to matters that occurred | 2 | 5 |
Barnes v. Superior Courtgreen2 sentences2008(Soiu, supra, 106 Cal.App.4th at p. 1196 ; Barnes v. Superior Court (1986) 186 Cal.App.3d 969, 973 [ 231 Cal.Rptr. 158 ] (Barnes).) The first step requires the person to apply for release to the superior court of the county from which the commitment was made. (§ 1026.2, subd. (a).) Such an application cannot be made until the person has served an initial 180-day commitment period. (§ 1026.2, subd. (d).) Once the application is filed, the court must conduct a hearing, commonly called the outpatient placement hearing. (§ 1026.2, subd. (a); see Soiu, supra, 106 Cal.App.4th at pp. 1196-1197.) At t 2008(Soiu, supra, 106 Cal.App.4th at p. 1196 ; Barnes v. Superior Court (1986) 186 Cal.App.3d 969, 973 [ 231 Cal.Rptr. 158 ] (Barnes).) The first step requires the person to apply for release to the superior court of the county from which the commitment was made. (§ 1026.2, subd. (a).) Such an application cannot be made until the person has served an initial 180-day commitment period. (§ 1026.2, subd. (d).) Once the application is filed, the court must conduct a hearing, commonly called the outpatient placement hearing. (§ 1026.2, subd. (a); see Soiu, supra, 106 Cal.App.4th at pp. 1196-1197.) At t | 2 | 2 |
People v. Smithgreen2 sentences2023Legal Background “ ‘When, after trial, a defendant asks the trial court to appoint new counsel to prepare and present a motion for new trial on the ground of ineffective assistance of counsel, the court must conduct a hearing to explore the reasons underlying the request. [Citations.] If the claim of inadequacy relates to courtroom events that the trial court observed, the court will generally be able to resolve the new trial motion without appointing new counsel for the defendant. [Citation.] If, on the other hand, the defendant’s claim of inadequacy relates to matters that occurred outside t 2022(Marsden, supra, 2 Cal.3d at p. 123 ; People v. Smith (1993) 6 Cal.4th 684, 694 ; see also People v. Martinez (2009) 47 Cal.4th 399, 419 [Marsden was intended to provide protection to the right to counsel].) This request may be made at any stage in the criminal proceedings and the court must conduct a hearing, known as a Marsden hearing. | 1 | 10 |
People v. Dickeygreen2 sentences2016Relevant Legal Principles " 'When, after trial, a defendant asks the trial court to appoint new counsel to prepare and present a motion for new trial on the ground of ineffective assistance of counsel, the court must conduct a hearing to explore the reasons underlying the request. [Citations.] If the claim of inadequacy relates to courtroom events that the trial court observed, the court will generally be able to resolve the new trial motion without appointing new counsel for the defendant. [Citation.] If, on the other hand, the defendant's claim of inadequacy relates to matters that occurred 2014(People v. Smith (1993) 6 Cal.4th 684, 694 .) “‘When, after trial, a defendant asks the trial court to appoint new counsel to prepare and present a motion for new trial on the ground of ineffective assistance of counsel, the court must conduct a hearing to explore the reasons underlying the request. [Citations.] If the claim of inadequacy relates to courtroom events that the trial court observed, the court will generally be able to resolve the new trial motion without appointing new counsel for the defendant. [Citation.] If, on the other hand, the defendant’s claim of inadequacy relates to mat | 1 | 2 |
People v. Dobsongreen2 sentences2014Once the application is filed, the court must conduct a hearing, commonly called the outpatient placement hearing. (§ 1026.2, subd. (a); see Soiu, supra, 106 Cal.App.4th at pp. 1196–1197.) [¶] At the outpatient placement hearing, which is the type of hearing that was held in this case, the applicant must demonstrate [she] will not ‘be a danger to the health and safety of others, due to mental defect, disease, or disorder, while under supervision and treatment in the community.’ (§ 1026.2 , subd. (e) []; see Soiu, supra, 106 Cal.App.4th at p. 1196 .)” (Dobson, supra, 161 Cal.App.4th at p. 1432 2014Once the application is filed, the court must conduct a hearing, commonly called the outpatient placement hearing. (§ 1026.2, subd. (a); see Soiu, supra, 106 Cal.App.4th at pp. 1196–1197.) [¶] At the outpatient placement hearing, which is the type of hearing that was held in this case, the applicant must demonstrate [she] will not ‘be a danger to the health and safety of others, due to mental defect, disease, or disorder, while under supervision and treatment in the community.’ (§ 1026.2 , subd. (e) []; see Soiu, supra, 106 Cal.App.4th at p. 1196 .)” (Dobson, supra, 161 Cal.App.4th at p. 1432 | 1 | 2 |
People v. Michael W.green2 sentences2008Such a petition involves a two-step process. ( Soiu, supra, 106 Cal. App.4th at p. 1196 , 131 Cal.Rptr.2d 421 ; Barnes v. Superior Court (1986) 186 Cal. App.3d 969, 973 , 231 Cal.Rptr. 158 ( Barnes ).) The first step requires the person to apply for release to the superior court of the county from which the commitment was made. (§ 1026.2, subd. (a).) Such an application cannot be made until the person has served an initial 180-day commitment period. (§ 1026.2, subd. (d).) Once the application is filed, the court must conduct a hearing, commonly called the outpatient placement hearing. (§ 1026. 2008Such a petition involves a two-step process. ( Soiu, supra, 106 Cal. App.4th at p. 1196 , 131 Cal.Rptr.2d 421 ; Barnes v. Superior Court (1986) 186 Cal. App.3d 969, 973 , 231 Cal.Rptr. 158 ( Barnes ).) The first step requires the person to apply for release to the superior court of the county from which the commitment was made. (§ 1026.2, subd. (a).) Such an application cannot be made until the person has served an initial 180-day commitment period. (§ 1026.2, subd. (d).) Once the application is filed, the court must conduct a hearing, commonly called the outpatient placement hearing. (§ 1026. | 1 | 2 |
In Re Reyesgreen2 sentences2008(Soiu, supra, 106 Cal.App.4th at p. 1196 ; Barnes v. Superior Court (1986) 186 Cal.App.3d 969, 973 [ 231 Cal.Rptr. 158 ] (Barnes).) The first step requires the person to apply for release to the superior court of the county from which the commitment was made. (§ 1026.2, subd. (a).) Such an application cannot be made until the person has served an initial 180-day commitment period. (§ 1026.2, subd. (d).) Once the application is filed, the court must conduct a hearing, commonly called the outpatient placement hearing. (§ 1026.2, subd. (a); see Soiu, supra, 106 Cal.App.4th at pp. 1196-1197.) At t 2008(Soiu, supra, 106 Cal.App.4th at p. 1196 ; Barnes v. Superior Court (1986) 186 Cal.App.3d 969, 973 [ 231 Cal.Rptr. 158 ] (Barnes).) The first step requires the person to apply for release to the superior court of the county from which the commitment was made. (§ 1026.2, subd. (a).) Such an application cannot be made until the person has served an initial 180-day commitment period. (§ 1026.2, subd. (d).) Once the application is filed, the court must conduct a hearing, commonly called the outpatient placement hearing. (§ 1026.2, subd. (a); see Soiu, supra, 106 Cal.App.4th at pp. 1196-1197.) At t | 1 | 2 |
People v. Fuiavagreen2 sentences2025(People v. Fuiava (2012) 53 Cal.4th 622, 702 (Fuiava); People v. McNeal (1979) 90 Cal.App.3d 830, 839 .) On the other hand, any inquiry “ ‘should be as limited in scope as possible, to avoid intruding 15 unnecessarily upon the sanctity of the jury's deliberations.’ ” (Alexander, supra, 49 Cal.4th at p. 927 .) The decision whether to conduct an investigation as well as “ ‘[t]he specific procedures to follow investigating an allegation of juror misconduct are generally a matter for the trial court's discretion.’ ” (People v Johnsen (2021) 10 Cal.5th 1116 , 1170; Fuiava, supra, 53 Cal.4th at p. 7 2025(People v. Fuiava (2012) 53 Cal.4th 622, 702 (Fuiava); People v. McNeal (1979) 90 Cal.App.3d 830, 839 .) On the other hand, any inquiry “ ‘should be as limited in scope as possible, to avoid intruding 15 unnecessarily upon the sanctity of the jury's deliberations.’ ” (Alexander, supra, 49 Cal.4th at p. 927 .) The decision whether to conduct an investigation as well as “ ‘[t]he specific procedures to follow investigating an allegation of juror misconduct are generally a matter for the trial court's discretion.’ ” (People v Johnsen (2021) 10 Cal.5th 1116 , 1170; Fuiava, supra, 53 Cal.4th at p. 7 | 1 | 1 |
San Diego Cnty. Health & Human Servs. Agency v. C.T. (In re C.A.)green1 sentence2025Under ICWA, a “parent” is defined as “any biological parent or parents of an Indian child or any Indian person who has lawfully adopted an Indian child, including adoptions under tribal law or custom.” ( 25 U.S.C. § 1903 (9); see also § 1903(4), [defining “Indian child” as “any unmarried person who is . . . eligible for membership in an Indian tribe and is the biological child of a member of an Indian tribe”].) The statute expressly excludes from the definition of “parent” an “unwed father where paternity has not been acknowledged or established.” (Id., § 1903(9); see also In re C.A. (2018) 24 | 1 | 1 |
People v. Martinezgreen1 sentence2022(Marsden, supra, 2 Cal.3d at p. 123 ; People v. Smith (1993) 6 Cal.4th 684, 694 ; see also People v. Martinez (2009) 47 Cal.4th 399, 419 [Marsden was intended to provide protection to the right to counsel].) This request may be made at any stage in the criminal proceedings and the court must conduct a hearing, known as a Marsden hearing. | 1 | 1 |
| People v. Younggreen | 1 | 1 |
| People v. Wildergreen | 1 | 1 |
| People v. Tilburygreen | 1 | 1 |
| San Diego County Health & Human Services Agency v. Ben C.green | 1 | 1 |
| In Re Michael B.green | 1 | 1 |
| In Re Sarah M.green | 1 | 1 |
| Riverside County Department of Public Social Services v. Randall S.green | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in California. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
People v. Cross
green
2 sentences2008Such a petition involves a two-step process. ( Soiu, supra, 106 Cal. App.4th at p. 1196 , 131 Cal.Rptr.2d 421 ; Barnes v. Superior Court (1986) 186 Cal. App.3d 969, 973 , 231 Cal.Rptr. 158 ( Barnes ).) The first step requires the person to apply for release to the superior court of the county from which the commitment was made. (§ 1026.2, subd. (a).) Such an application cannot be made until the person has served an initial 180-day commitment period. (§ 1026.2, subd. (d).) Once the application is filed, the court must conduct a hearing, commonly called the outpatient placement hearing. (§ 1026. 2008Such a petition involves a two-step process. ( Soiu, supra, 106 Cal. App.4th at p. 1196 , 131 Cal.Rptr.2d 421 ; Barnes v. Superior Court (1986) 186 Cal. App.3d 969, 973 , 231 Cal.Rptr. 158 ( Barnes ).) The first step requires the person to apply for release to the superior court of the county from which the commitment was made. (§ 1026.2, subd. (a).) Such an application cannot be made until the person has served an initial 180-day commitment period. (§ 1026.2, subd. (d).) Once the application is filed, the court must conduct a hearing, commonly called the outpatient placement hearing. (§ 1026. | 3 | 2008–2014 |
People v. Mendoza
green
2 sentences2023She was opining that Carr was still insane, meaning that he believed his actions were morally justified based upon his delusions. 29. (§ 1367, subd. (a); People v. Mendoza (2016) 62 Cal.4th 856, 871 .) “M’Naghten6 insanity is immaterial.” (People v. Pennington (1967) 66 Cal.2d 508, 516 .) A defendant is presumed to be mentally competent to stand trial. (§ 1369, subd. (f).) However, the trial court is obliged to conduct a competency hearing when the defendant presents substantial evidence of incompetence; that is, “ ‘evidence from which a reasonable jurist would entertain a bona fide doubt conc 2023She was opining that Carr was still insane, meaning that he believed his actions were morally justified based upon his delusions. 29. (§ 1367, subd. (a); People v. Mendoza (2016) 62 Cal.4th 856, 871 .) “M’Naghten6 insanity is immaterial.” (People v. Pennington (1967) 66 Cal.2d 508, 516 .) A defendant is presumed to be mentally competent to stand trial. (§ 1369, subd. (f).) However, the trial court is obliged to conduct a competency hearing when the defendant presents substantial evidence of incompetence; that is, “ ‘evidence from which a reasonable jurist would entertain a bona fide doubt conc | 2 | 2016–2023 |
People v. Bolin
green
2 sentences2016Relevant Legal Principles " 'When, after trial, a defendant asks the trial court to appoint new counsel to prepare and present a motion for new trial on the ground of ineffective assistance of counsel, the court must conduct a hearing to explore the reasons underlying the request. [Citations.] If the claim of inadequacy relates to courtroom events that the trial court observed, the court will generally be able to resolve the new trial motion without appointing new counsel for the defendant. [Citation.] If, on the other hand, the defendant's claim of inadequacy relates to matters that occurred 2013Denial of the motion is not an abuse of discretion unless the defendant has shown that a failure to replace the appointed attorney would “substantially impair” the defendant’s right to assistance of counsel. [Citations.]’ [Citation.]” (People v. Smith (1993) 6 Cal.4th 684, 690-691 .) Marsden applies posttrial as well as preconviction, and the standard, although sometimes worded differently, is the same. “‘When, after trial, a defendant asks the trial court to appoint new counsel to prepare and present a motion for new trial on the ground of ineffective assistance of counsel, the court must con | 2 | 2013–2016 |
People v. McNeal
green
1 sentence2025(People v. Fuiava (2012) 53 Cal.4th 622, 702 (Fuiava); People v. McNeal (1979) 90 Cal.App.3d 830, 839 .) On the other hand, any inquiry “ ‘should be as limited in scope as possible, to avoid intruding 15 unnecessarily upon the sanctity of the jury's deliberations.’ ” (Alexander, supra, 49 Cal.4th at p. 927 .) The decision whether to conduct an investigation as well as “ ‘[t]he specific procedures to follow investigating an allegation of juror misconduct are generally a matter for the trial court's discretion.’ ” (People v Johnsen (2021) 10 Cal.5th 1116 , 1170; Fuiava, supra, 53 Cal.4th at p. 7 | 1 | 2025–2025 |
People v. Johnsen
green
1 sentence2025(People v. Fuiava (2012) 53 Cal.4th 622, 702 (Fuiava); People v. McNeal (1979) 90 Cal.App.3d 830, 839 .) On the other hand, any inquiry “ ‘should be as limited in scope as possible, to avoid intruding 15 unnecessarily upon the sanctity of the jury's deliberations.’ ” (Alexander, supra, 49 Cal.4th at p. 927 .) The decision whether to conduct an investigation as well as “ ‘[t]he specific procedures to follow investigating an allegation of juror misconduct are generally a matter for the trial court's discretion.’ ” (People v Johnsen (2021) 10 Cal.5th 1116 , 1170; Fuiava, supra, 53 Cal.4th at p. 7 | 1 | 2025–2025 |
In Re EG
green
1 sentence2025Under ICWA, a “parent” is defined as “any biological parent or parents of an Indian child or any Indian person who has lawfully adopted an Indian child, including adoptions under tribal law or custom.” ( 25 U.S.C. § 1903 (9); see also § 1903(4), [defining “Indian child” as “any unmarried person who is . . . eligible for membership in an Indian tribe and is the biological child of a member of an Indian tribe”].) The statute expressly excludes from the definition of “parent” an “unwed father where paternity has not been acknowledged or established.” (Id., § 1903(9); see also In re C.A. (2018) 24 | 1 | 2025–2025 |
People v. Alexander
green
1 sentence2025(People v. Fuiava (2012) 53 Cal.4th 622, 702 (Fuiava); People v. McNeal (1979) 90 Cal.App.3d 830, 839 .) On the other hand, any inquiry “ ‘should be as limited in scope as possible, to avoid intruding 15 unnecessarily upon the sanctity of the jury's deliberations.’ ” (Alexander, supra, 49 Cal.4th at p. 927 .) The decision whether to conduct an investigation as well as “ ‘[t]he specific procedures to follow investigating an allegation of juror misconduct are generally a matter for the trial court's discretion.’ ” (People v Johnsen (2021) 10 Cal.5th 1116 , 1170; Fuiava, supra, 53 Cal.4th at p. 7 | 1 | 2025–2025 |
People v. Jones
green
1 sentence2023(People v. Jones (1991) 53 Cal.3d 1115, 1153 .) On review, we determine whether, as a matter of law, the evidence raised a reasonable doubt as to Carr’s mental competence, considering all relevant facts in the record. | 1 | 2023–2023 |
People v. Pennington
green
1 sentence2023She was opining that Carr was still insane, meaning that he believed his actions were morally justified based upon his delusions. 29. (§ 1367, subd. (a); People v. Mendoza (2016) 62 Cal.4th 856, 871 .) “M’Naghten6 insanity is immaterial.” (People v. Pennington (1967) 66 Cal.2d 508, 516 .) A defendant is presumed to be mentally competent to stand trial. (§ 1369, subd. (f).) However, the trial court is obliged to conduct a competency hearing when the defendant presents substantial evidence of incompetence; that is, “ ‘evidence from which a reasonable jurist would entertain a bona fide doubt conc | 1 | 2023–2023 |
People v. Vivar
green
1 sentence2022Djama must be present at that hearing unless she requests the hearing be held without her and the court finds good cause for her absence. (§ 1473.7, subd. (d).) The People will be permitted to oppose the motion. 7For this reason, we decline Djama’s request to rule on the merits of her motion on the “cold record” pursuant to People v. Vivar (2021) 11 Cal.5th 510, 528 . 9 DISPOSITION The order denying Djama’s motion to vacate her conviction is reversed. | 1 | 2022–2022 |
People v. Abilez
green
1 sentence2022(People v. Abilez (2007) 41 Cal.4th 472, 488 ; Marsden, supra, 2 Cal.3d at pp. 123-124; People v. Whitmore (2022) 80 Cal.App.5th 116 , 128.)3 We now turn to the record in this case. | 1 | 2022–2022 |
Baral v. Schnitt
green
1 sentence2022Joseph Health System (2021) 11 Cal.5th 995 , 1011 (Bonni).) The Supreme Court has instead instructed courts ruling on anti-SLAPP motions that attack causes of action based on multiple acts to analyze each act supplying a basis for relief to determine whether or not the act is a protected activity and, if so, whether the plaintiff has shown a probability of prevailing on the claim. 16 (Bonni, at p. 1010; Baral, supra, 1 Cal.5th at pp. 393-395.) The court must conduct this analysis “even though the [defendant] sought to strike the entire cause of action, rather than merely parts of it.” (Bonni, | 1 | 2022–2022 |
People v. Sanchez
green
1 sentence2022(People v. Sanchez (2011) 53 Cal.4th 80, 89 .) During this informal hearing, “ ‘the trial court must permit the defendant to explain the basis of his contention and to relate specific instances of inadequate performance. | 1 | 2022–2022 |
Gaynor v. Bulen
green
1 sentence2022Such allegations are not merely “incidental background” to provide context for the claims (Bonni, supra, 11 Cal.5th at p. 1012) and do not merely “provide evidence of the alleged breaches of fiduciary duty” (Gaynor v. Bulen (2018) 19 Cal.App.5th 864, 880 , italics omitted [breach of fiduciary duty claim arose from trustees’ wrongful plan to retain control of trust, not from litigation activity by which plan was carried out]). | 1 | 2022–2022 |
Powers v. City of Richmond
green
2 sentences2018The notice must contain an explanation of the proposed settlement and procedures for class members to follow in filing written objections to it and in arranging to appear at the settlement hearing and state any objections to the proposed settlement." The rules also state that "[b]efore final approval, the court must conduct an inquiry into the fairness of the proposed settlement." ( Cal. Rules of Court, rule 3.769(g).) The right to appeal judgments in state civil actions, including class actions, is entirely statutory, so long as the Legislature does not " ' "substantially impair the constitut 2018The notice must contain an explanation of the proposed settlement and procedures for class members to follow in filing written objections to it and in arranging to appear at the settlement hearing and state any objections to the proposed settlement." The rules also state that "[b]efore final approval, the court must conduct an inquiry into the fairness of the proposed settlement." ( Cal. Rules of Court, rule 3.769(g).) The right to appeal judgments in state civil actions, including class actions, is entirely statutory, so long as the Legislature does not " ' "substantially impair the constitut | 1 | 2018–2018 |
| People v. Jenkins green | 1 | 2016–2016 |
| People v. Lucky green | 1 | 2016–2016 |
People v. Reyes
green
1 sentence2016(People v. Burgener (1986) 41 Cal.3d 505, 519-520 , disapproved on another ground in People v. Reyes (1998) 19 Cal.4th 743, 756 .) Here, of course, the allegations arose postverdict, not during trial. | 1 | 2016–2016 |
| People v. Ary green | 1 | 2016–2016 |
| People v. Burgener green | 1 | 2016–2016 |
| People v. Bartsch green | 1 | 2014–2014 |
| People v. DeGuzman green | 1 | 2008–2008 |
| People v. Superior Court (Williams) green | 1 | 2008–2008 |
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.