statutory or constitutional violation (California) · Go Syfert
← California issues

statutory or constitutional violation in California

24 California opinions name it 2 courts 1990–2026 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 (24)

CaseFollowedCited
People v. Micklegreen
cal · 1991 · cited in 3 California opinions naming this issue, 2022–2025
2 sentences

2022(People v. Mickle (1991) 54 Cal.3d 140, 174 [no error where trial court “simply offered to provide further instruction in open court . . . . [and] [t]he offer was not accepted”]; see also ibid. [“A statutory or constitutional violation occurs only where the court actually provides the jury with instructions or evidence during deliberations without first consulting counsel”].) In addition, “a trial court properly may engage in ex parte communications for ‘“scheduling, administrative purposes, or emergencies that do not deal with substantive matters . . . .”’ [Citations.]” (Clark, supra, 52 Cal.

2022(People v. Mickle (1991) 54 Cal.3d 140, 174 [no error where trial court “simply offered to provide further instruction in open court . . . . [and] [t]he offer was not accepted”]; see also ibid. [“A statutory or constitutional violation occurs only where the court actually provides the jury with instructions or evidence during deliberations without first consulting counsel”].) In addition, “a trial court properly may engage in ex parte communications for ‘“scheduling, administrative purposes, or emergencies that do not deal with substantive matters . . . .”’ [Citations.]” (Clark, supra, 52 Cal.

33
Agricultural Labor Relations Board v. Superior Courtgreen
calctapp · 1996 · cited in 2 California opinions naming this issue, 2016–2025
2 sentences

2025(Yamada Brothers v. Agricultural Labor Relations Bd., supra, 99 Cal.App.3d at pp. 122–123.) The exception permitting immediate review of union certification decisions is only available in “ ‘extraordinary circumstances,’ ” and courts are “loath to find exceptions to the rule precluding direct review of orders in certification proceedings.” (Agricultural Labor Relations Bd. v. Superior Court (1996) 48 Cal.App.4th 1489, 1499, 1500 .) Instead, “under the statutory scheme the employers’ remedy [is] to refuse to bargain with the union and contest the issues in a subsequent unfair labor practice pro

2016(See Yamada Brothers v. Agricultural Labor Relations Bd. (1979) 99 Cal.App.3d 112 , 118-124, 129 [ 159 Cal.Rptr. 905 ] [exception applied; trial court had jurisdiction to hear writ of mandate petition; demurrer ruling based on lack of jurisdiction per § 1160.8 reversed]; see also Agricultural Labor Relations Bd. v. Superior Court (1996) 48 Cal.App.4th 1489, 1498-1510 [ 56 Cal.Rptr.2d 409 ] [noting exceptions exist permitting superior court jurisdiction, but concluding that such exceptions did not apply in that case]; United Farm Workers v. Superior Court (1977) 72 Cal.App.3d 268, 273-275 [ 140

22
Woods v. Hortongreen
calctapp · 2008 · cited in 6 California opinions naming this issue, 2023–2026
2 sentences

2026“The mere assertion of a statutory or constitutional violation, followed by simply a citation to the statute or constitutional provision, does not merit a judicial response.” (Woods v. Horton (2008) 167 Cal.App.4th 658, 677 .) “[P]arties are required to include argument and citation to authority in their briefs, and the absence of these necessary elements allows this court to treat appellant’s sanction issue as waived.” (Interinsurance Exchange v. Collins (1994) 30 Cal.App.4th 1445, 1448 .) “[I]t is not this court’s role to construct theories or arguments that would undermine the judgment and

2025(See In re M.H. (2016) 1 Cal.App.5th 699, 713 [forfeiture]; Meridian Financial Services, Inc. v. Phan (2021) 67 Cal.App.5th 657 , 684 [we do not develop arguments for the parties]; Woods v. 7 Horton (2008) 167 Cal.App.4th 658, 677 [“[a] court need not consider an issue where reasoned, substantial argument and citation to supporting authorities are lacking,” and “[t]he mere assertion of a statutory or constitutional violation, followed by simply a citation to the statute or constitutional provision, does not merit a judicial response”].) Finally, we find no merit to minor’s suggestion, citing P

16
People v. Dancergreen
calctapp · 1996 · cited in 2 California opinions naming this issue, 2001–2001
2 sentences

2001(E.g., People v. Dancer (1996) 45 Cal.App.4th 1677, 1691 , 53 Cal.Rptr.2d 282 ; Reber, supra, 177 Cal.App.3d 523, 528-532 , 223 Cal.Rptr. 139 .) However, we later disapproved this line of authority, holding that the confrontation clause gives no right to pretrial discovery that would override a statutory or constitutional privilege. ( Hammon, supra, 15 Cal.4th 1117, 1122-1128 , 65 Cal.Rptr.2d 1 , 938 P.2d 986 .) No case has remotely held that the confrontation clause, or any other constitutional guarantee, could compel a witness to undergo a new court-ordered psychiatric examination, or impose

2001(E.g., People v. Dancer (1996) 45 Cal.App.4th 1677, 1691 , 53 Cal.Rptr.2d 282 ; Reber, supra, 177 Cal.App.3d 523, 528-532 , 223 Cal.Rptr. 139 .) However, we later disapproved this line of authority, holding that the confrontation clause gives no right to pretrial discovery that would override a statutory or constitutional privilege. ( Hammon, supra, 15 Cal.4th 1117, 1122-1128 , 65 Cal.Rptr.2d 1 , 938 P.2d 986 .) No case has remotely held that the confrontation clause, or any other constitutional guarantee, could compel a witness to undergo a new court-ordered psychiatric examination, or impose

12
People v. Rebergreen
calctapp · 1986 · cited in 2 California opinions naming this issue, 2001–2001
2 sentences

2001(E.g., People v. Dancer (1996) 45 Cal.App.4th 1677, 1691 , 53 Cal.Rptr.2d 282 ; Reber, supra, 177 Cal.App.3d 523, 528-532 , 223 Cal.Rptr. 139 .) However, we later disapproved this line of authority, holding that the confrontation clause gives no right to pretrial discovery that would override a statutory or constitutional privilege. ( Hammon, supra, 15 Cal.4th 1117, 1122-1128 , 65 Cal.Rptr.2d 1 , 938 P.2d 986 .) No case has remotely held that the confrontation clause, or any other constitutional guarantee, could compel a witness to undergo a new court-ordered psychiatric examination, or impose

2001(E.g., People v. Dancer (1996) 45 Cal.App.4th 1677, 1691 , 53 Cal.Rptr.2d 282 ; Reber, supra, 177 Cal.App.3d 523, 528-532 , 223 Cal.Rptr. 139 .) However, we later disapproved this line of authority, holding that the confrontation clause gives no right to pretrial discovery that would override a statutory or constitutional privilege. ( Hammon, supra, 15 Cal.4th 1117, 1122-1128 , 65 Cal.Rptr.2d 1 , 938 P.2d 986 .) No case has remotely held that the confrontation clause, or any other constitutional guarantee, could compel a witness to undergo a new court-ordered psychiatric examination, or impose

12
In re M.H. CA4/1green
calctapp · 2016 · cited in 1 California opinions naming this issue, 2025–2025
1 sentence

2025(See In re M.H. (2016) 1 Cal.App.5th 699, 713 [forfeiture]; Meridian Financial Services, Inc. v. Phan (2021) 67 Cal.App.5th 657 , 684 [we do not develop arguments for the parties]; Woods v. 7 Horton (2008) 167 Cal.App.4th 658, 677 [“[a] court need not consider an issue where reasoned, substantial argument and citation to supporting authorities are lacking,” and “[t]he mere assertion of a statutory or constitutional violation, followed by simply a citation to the statute or constitutional provision, does not merit a judicial response”].) Finally, we find no merit to minor’s suggestion, citing P

11
People v. Clarkgreen
cal · 2011 · cited in 1 California opinions naming this issue, 2022–2022
1 sentence

2022(People v. Mickle (1991) 54 Cal.3d 140, 174 [no error where trial court “simply offered to provide further instruction in open court . . . . [and] [t]he offer was not accepted”]; see also ibid. [“A statutory or constitutional violation occurs only where the court actually provides the jury with instructions or evidence during deliberations without first consulting counsel”].) In addition, “a trial court properly may engage in ex parte communications for ‘“scheduling, administrative purposes, or emergencies that do not deal with substantive matters . . . .”’ [Citations.]” (Clark, supra, 52 Cal.

11
People v. Delgadogreen
cal · 1993 · cited in 1 California opinions naming this issue, 2022–2022
1 sentence

2022(People v. Mickle (1991) 54 Cal.3d 140, 174 [no error where trial court “simply offered to provide further instruction in open court . . . . [and] [t]he offer was not accepted”]; see also ibid. [“A statutory or constitutional violation occurs only where the court actually provides the jury with instructions or evidence during deliberations without first consulting counsel”].) In addition, “a trial court properly may engage in ex parte communications for ‘“scheduling, administrative purposes, or emergencies that do not deal with substantive matters . . . .”’ [Citations.]” (Clark, supra, 52 Cal.

11
People v. Bryant, Smith and Wheelergreen
cal · 2014 · cited in 1 California opinions naming this issue, 2022–2022
2 sentences

2022(People v. Mickle (1991) 54 Cal.3d 140, 174 [no error where trial court “simply offered to provide further instruction in open court . . . . [and] [t]he offer was not accepted”]; see also ibid. [“A statutory or constitutional violation occurs only where the court actually provides the jury with instructions or evidence during deliberations without first consulting counsel”].) In addition, “a trial court properly may engage in ex parte communications for ‘“scheduling, administrative purposes, or emergencies that do not deal with substantive matters . . . .”’ [Citations.]” (Clark, supra, 52 Cal.

2022(People v. Mickle (1991) 54 Cal.3d 140, 174 [no error where trial court “simply offered to provide further instruction in open court . . . . [and] [t]he offer was not accepted”]; see also ibid. [“A statutory or constitutional violation occurs only where the court actually provides the jury with instructions or evidence during deliberations without first consulting counsel”].) In addition, “a trial court properly may engage in ex parte communications for ‘“scheduling, administrative purposes, or emergencies that do not deal with substantive matters . . . .”’ [Citations.]” (Clark, supra, 52 Cal.

11
Nishikawa Farms, Inc. v. Mahonygreen
calctapp · 1977 · cited in 1 California opinions naming this issue, 2016–2016
2 sentences

2016(See Yamada Brothers v. Agricultural Labor Relations Bd. (1979) 99 Cal.App.3d 112 , 118-124, 129 [ 159 Cal.Rptr. 905 ] [exception applied; trial court had jurisdiction to hear writ of mandate petition; demurrer ruling based on lack of jurisdiction per § 1160.8 reversed]; see also Agricultural Labor Relations Bd. v. Superior Court (1996) 48 Cal.App.4th 1489, 1498-1510 [ 56 Cal.Rptr.2d 409 ] [noting exceptions exist permitting superior court jurisdiction, but concluding that such exceptions did not apply in that case]; United Farm Workers v. Superior Court (1977) 72 Cal.App.3d 268, 273-275 [ 140

2016(See Yamada Brothers v. Agricultural Labor Relations Bd. (1979) 99 Cal.App.3d 112 , 118-124, 129 [ 159 Cal.Rptr. 905 ] [exception applied; trial court had jurisdiction to hear writ of mandate petition; demurrer ruling based on lack of jurisdiction per § 1160.8 reversed]; see also Agricultural Labor Relations Bd. v. Superior Court (1996) 48 Cal.App.4th 1489, 1498-1510 [ 56 Cal.Rptr.2d 409 ] [noting exceptions exist permitting superior court jurisdiction, but concluding that such exceptions did not apply in that case]; United Farm Workers v. Superior Court (1977) 72 Cal.App.3d 268, 273-275 [ 140

11
United Farm Workers of America v. Superior Courtgreen
calctapp · 1977 · cited in 1 California opinions naming this issue, 2016–2016
2 sentences

2016(See Yamada Brothers v. Agricultural Labor Relations Bd. (1979) 99 Cal.App.3d 112 , 118-124, 129 [ 159 Cal.Rptr. 905 ] [exception applied; trial court had jurisdiction to hear writ of mandate petition; demurrer ruling based on lack of jurisdiction per § 1160.8 reversed]; see also Agricultural Labor Relations Bd. v. Superior Court (1996) 48 Cal.App.4th 1489, 1498-1510 [ 56 Cal.Rptr.2d 409 ] [noting exceptions exist permitting superior court jurisdiction, but concluding that such exceptions did not apply in that case]; United Farm Workers v. Superior Court (1977) 72 Cal.App.3d 268, 273-275 [ 140

2016(See Yamada Brothers v. Agricultural Labor Relations Bd. (1979) 99 Cal.App.3d 112 , 118-124, 129 [ 159 Cal.Rptr. 905 ] [exception applied; trial court had jurisdiction to hear writ of mandate petition; demurrer ruling based on lack of jurisdiction per § 1160.8 reversed]; see also Agricultural Labor Relations Bd. v. Superior Court (1996) 48 Cal.App.4th 1489, 1498-1510 [ 56 Cal.Rptr.2d 409 ] [noting exceptions exist permitting superior court jurisdiction, but concluding that such exceptions did not apply in that case]; United Farm Workers v. Superior Court (1977) 72 Cal.App.3d 268, 273-275 [ 140

11
Addam v. Superior Courtgreen
calctapp · 2004 · cited in 1 California opinions naming this issue, 2008–2008
2 sentences

2008(Addam v. Superior Court (2004) 116 Cal.App.4th 368, 373 [ 10 Cal.Rptr.3d 39 ]; People v. Gray (1998) 66 Cal.App.4th 973, 994 [ 78 Cal.Rptr.2d 191 ].) The mere assertion of a statutory or constitutional violation, followed by simply a citation to the statute or constitutional provision, does not merit a judicial response.

2008(Addam v. Superior Court (2004) 116 Cal.App.4th 368, 373 [ 10 Cal.Rptr.3d 39 ]; People v. Gray (1998) 66 Cal.App.4th 973, 994 [ 78 Cal.Rptr.2d 191 ].) The mere assertion of a statutory or constitutional violation, followed by simply a citation to the statute or constitutional provision, does not merit a judicial response.

11
Independent Roofing Contractors v. California Apprenticeship Councilgreen
calctapp · 2003 · cited in 1 California opinions naming this issue, 2008–2008
2 sentences

2008(Independent Roofing Contractors v. California Apprenticeship Council (2003) 114 Cal.App.4th 1330, 1339 [ 9 Cal.Rptr.3d 477 ].) Plaintiffs’ failure to develop their Proposition 209 argument is fatal.

2008(Independent Roofing Contractors v. California Apprenticeship Council (2003) 114 Cal.App.4th 1330, 1339 [ 9 Cal.Rptr.3d 477 ].) Plaintiffs’ failure to develop their Proposition 209 argument is fatal.

11
People v. Graygreen
calctapp · 1998 · cited in 1 California opinions naming this issue, 2008–2008
2 sentences

2008(Addam v. Superior Court (2004) 116 Cal.App.4th 368, 373 [ 10 Cal.Rptr.3d 39 ]; People v. Gray (1998) 66 Cal.App.4th 973, 994 [ 78 Cal.Rptr.2d 191 ].) The mere assertion of a statutory or constitutional violation, followed by simply a citation to the statute or constitutional provision, does not merit a judicial response.

2008(Addam v. Superior Court (2004) 116 Cal.App.4th 368, 373 [ 10 Cal.Rptr.3d 39 ]; People v. Gray (1998) 66 Cal.App.4th 973, 994 [ 78 Cal.Rptr.2d 191 ].) The mere assertion of a statutory or constitutional violation, followed by simply a citation to the statute or constitutional provision, does not merit a judicial response.

11
Arcadia Redevelopment Agency v. Ikemotogreen
calctapp · 1993 · cited in 1 California opinions naming this issue, 2000–2000
2 sentences

2000Barring a statutory or constitutional violation, it is not for this court to stop the Legislature if it transfers revenue from Peter to compensate Paul . . . .” (Arcadia Redevelopment Agency v. Ikemoto (1993) 16 Cal.App.4th 444, 453 [ 20 Cal.Rptr.2d 112 ] (Arcadia).) “Under these principles, there is no basis for applying section 6 as an equitable remedy to cure the perceived unfairness resulting from political decisions on funding priorities.” (City of San Jose v. State of California (1996) 45 Cal.App.4th 1802, 1817 [ 53 Cal.Rptr.2d 521 ] (City of San Jose).) Allocation of local property tax

2000Barring a statutory or constitutional violation, it is not for this court to stop the Legislature if it transfers revenue from Peter to compensate Paul . . . .” (Arcadia Redevelopment Agency v. Ikemoto (1993) 16 Cal.App.4th 444, 453 [ 20 Cal.Rptr.2d 112 ] (Arcadia).) “Under these principles, there is no basis for applying section 6 as an equitable remedy to cure the perceived unfairness resulting from political decisions on funding priorities.” (City of San Jose v. State of California (1996) 45 Cal.App.4th 1802, 1817 [ 53 Cal.Rptr.2d 521 ] (City of San Jose).) Allocation of local property tax

11
City of San Jose v. State of Californiagreen
calctapp · 1996 · cited in 1 California opinions naming this issue, 2000–2000
2 sentences

2000Barring a statutory or constitutional violation, it is not for this court to stop the Legislature if it transfers revenue from Peter to compensate Paul . . . .” (Arcadia Redevelopment Agency v. Ikemoto (1993) 16 Cal.App.4th 444, 453 [ 20 Cal.Rptr.2d 112 ] (Arcadia).) “Under these principles, there is no basis for applying section 6 as an equitable remedy to cure the perceived unfairness resulting from political decisions on funding priorities.” (City of San Jose v. State of California (1996) 45 Cal.App.4th 1802, 1817 [ 53 Cal.Rptr.2d 521 ] (City of San Jose).) Allocation of local property tax

2000Barring a statutory or constitutional violation, it is not for this court to stop the Legislature if it transfers revenue from Peter to compensate Paul . . . .” (Arcadia Redevelopment Agency v. Ikemoto (1993) 16 Cal.App.4th 444, 453 [ 20 Cal.Rptr.2d 112 ] (Arcadia).) “Under these principles, there is no basis for applying section 6 as an equitable remedy to cure the perceived unfairness resulting from political decisions on funding priorities.” (City of San Jose v. State of California (1996) 45 Cal.App.4th 1802, 1817 [ 53 Cal.Rptr.2d 521 ] (City of San Jose).) Allocation of local property tax

11
Scott v. United Statesgreen
scotus · 1978 · cited in 1 California opinions naming this issue, 1995–1995
2 sentences

1995(Scott v. United States (1978) 436 U.S. 128, 135-136 [ 56 L.Ed.2d 168, 176-177 , 98 S.Ct. 1717 ].) “In view of the deterrent purposes of the exclusionary rule, consideration of official motives may play some part in determining whether application of the exclusionary rule is appropriate after a statutory or constitutional violation has been established.

1995(Scott v. United States (1978) 436 U.S. 128, 135-136 [ 56 L.Ed.2d 168, 176-177 , 98 S.Ct. 1717 ].) “In view of the deterrent purposes of the exclusionary rule, consideration of official motives may play some part in determining whether application of the exclusionary rule is appropriate after a statutory or constitutional violation has been established.

11
Maryland v. MacOngreen
scotus · 1985 · cited in 1 California opinions naming this issue, 1995–1995
11
Illinois v. Krullgreen
scotus · 1987 · cited in 1 California opinions naming this issue, 1995–1995
2 sentences

1995But the existence vel non of such a violation turns on an objective assessment of the officer’s actions in light of the facts and circumstances confronting him at the time.” (Scott v. United States, supra, 456 U.S. at pp. 135-136 [56 L.Ed.2d at pp. 176-177], italics added; accord, Maryland v. Macon (1985) 472 U.S. 463, 470-471 [ 86 L.Ed.2d 370, 378 , 105 S.Ct. 2778 ]; and see Arizona v. Evans (1995) 514 U.S._[ 131 L.Ed.2d 34 , 115 S.Ct. 1185 ].) “[T]hat the officer does not have the state of mind which is hypothecated by the reasons which provide the legal justification for the officer’s actio

1995But the existence vel non of such a violation turns on an objective assessment of the officer’s actions in light of the facts and circumstances confronting him at the time.” (Scott v. United States, supra, 456 U.S. at pp. 135-136 [56 L.Ed.2d at pp. 176-177], italics added; accord, Maryland v. Macon (1985) 472 U.S. 463, 470-471 [ 86 L.Ed.2d 370, 378 , 105 S.Ct. 2778 ]; and see Arizona v. Evans (1995) 514 U.S._[ 131 L.Ed.2d 34 , 115 S.Ct. 1185 ].) “[T]hat the officer does not have the state of mind which is hypothecated by the reasons which provide the legal justification for the officer’s actio

11
Armstrong v. County of San Mateogreen
calctapp · 1983 · cited in 1 California opinions naming this issue, 1993–1993
11
Rushen v. Spaingreen
scotus · 1983 · cited in 1 California opinions naming this issue, 1992–1992
11
People v. Hogangreen
cal · 1982 · cited in 1 California opinions naming this issue, 1991–1991
11
People v. Jenningsgreen
cal · 1991 · cited in 1 California opinions naming this issue, 1991–1991
11
Taliaferro v. Hoogsgreen
calctapp · 1965 · cited in 1 California opinions naming this issue, 1990–1990
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 (13)

CaseCitedYears
Interinsurance Exchange of the Automobile Club v. Collins green
calctapp · 1994
2 sentences

2026“The mere assertion of a statutory or constitutional violation, followed by simply a citation to the statute or constitutional provision, does not merit a judicial response.” (Woods v. Horton (2008) 167 Cal.App.4th 658, 677 .) “[P]arties are required to include argument and citation to authority in their briefs, and the absence of these necessary elements allows this court to treat appellant’s sanction issue as waived.” (Interinsurance Exchange v. Collins (1994) 30 Cal.App.4th 1445, 1448 .) “[I]t is not this court’s role to construct theories or arguments that would undermine the judgment and

2023“A court need not consider an issue where reasoned, substantial argument and citation to supporting authorities are lacking. [Citations.] The mere assertion of a statutory or constitutional violation, followed by simply a citation to the statute or constitutional provision, does not merit a judicial response.” (Woods v. Horton (2008) 167 Cal.App.4th 658, 677 .) “[P]arties are required to include argument and citation to authority in their briefs, and the absence of these necessary elements allows this court to treat appellant’s sanction issue as waived.” (Interinsurance Exchange v. Collins (19

22023–2026
Okorie v. L. A. Unified Sch. Dist. green
calctapp5d · 2017
2 sentences

2026Rather, an appellant is required to present a cognizable legal argument in support of reversal of the judgment. ‘When an issue is unsupported by pertinent or cognizable legal argument it may be deemed abandoned and discussion by the reviewing court is unnecessary.’ [Citation.] ‘Issues do not have a life of their own: if they are not raised or supported by argument or citation to authority, [they are] waived.’ ” (Okorie v. Los Angeles Unified School Dist., supra, 14 Cal.App.5th at p. 600 .) Shayna also claims the family court’s order for permanent spousal support is “too low.” If she challenges

2023Rather, an appellant is required to present a cognizable legal argument in support of reversal of the judgment. ‘When an issue is unsupported by pertinent or cognizable legal argument it may be deemed abandoned and discussion by the reviewing court is 16 unnecessary.’ [Citation.] ‘Issues do not have a life of their own: if they are not raised or supported by argument or citation to authority, [they are] waived.’ [Citation.]” (Okorie v. Los Angeles Unified School Dist. (2017) 14 Cal.App.5th 574, 600 , disapproved on another ground in Bonni v. St.

22023–2026
People v. Hammon green
cal · 1997
2 sentences

2001(E.g., People v. Dancer (1996) 45 Cal.App.4th 1677, 1691 , 53 Cal.Rptr.2d 282 ; Reber, supra, 177 Cal.App.3d 523, 528-532 , 223 Cal.Rptr. 139 .) However, we later disapproved this line of authority, holding that the confrontation clause gives no right to pretrial discovery that would override a statutory or constitutional privilege. ( Hammon, supra, 15 Cal.4th 1117, 1122-1128 , 65 Cal.Rptr.2d 1 , 938 P.2d 986 .) No case has remotely held that the confrontation clause, or any other constitutional guarantee, could compel a witness to undergo a new court-ordered psychiatric examination, or impose

2001(E.g., People v. Dancer (1996) 45 Cal.App.4th 1677, 1691 , 53 Cal.Rptr.2d 282 ; Reber, supra, 177 Cal.App.3d 523, 528-532 , 223 Cal.Rptr. 139 .) However, we later disapproved this line of authority, holding that the confrontation clause gives no right to pretrial discovery that would override a statutory or constitutional privilege. ( Hammon, supra, 15 Cal.4th 1117, 1122-1128 , 65 Cal.Rptr.2d 1 , 938 P.2d 986 .) No case has remotely held that the confrontation clause, or any other constitutional guarantee, could compel a witness to undergo a new court-ordered psychiatric examination, or impose

22001–2001
People v. Lent green
cal · 1975
1 sentence

2025(See In re M.H. (2016) 1 Cal.App.5th 699, 713 [forfeiture]; Meridian Financial Services, Inc. v. Phan (2021) 67 Cal.App.5th 657 , 684 [we do not develop arguments for the parties]; Woods v. 7 Horton (2008) 167 Cal.App.4th 658, 677 [“[a] court need not consider an issue where reasoned, substantial argument and citation to supporting authorities are lacking,” and “[t]he mere assertion of a statutory or constitutional violation, followed by simply a citation to the statute or constitutional provision, does not merit a judicial response”].) Finally, we find no merit to minor’s suggestion, citing P

12025–2025
Gerawan Farming, Inc. v. Agricultural Labor Relations Board green
calctapp · 2016
1 sentence

2025(Gerawan Farming, Inc. v. Agricultural Labor Relations Bd. (2016) 247 Cal.App.4th 284, 305 .) “Instead, such recourse has been permitted in exceptional circumstances where the prescribed judicial review process was unavailable or patently inadequate and a significant statutory or constitutional violation was asserted that warranted such redress.” (Ibid. [collecting cases].) Thus, where the ALRB has violated “a specific and mandatory provision” of the ALRA for which the act “provides no means of redress,” a challenge thereto has been held to fall within the equitable powers of the superior cour

12025–2025
Marina Tenants Ass'n v. Deauville Marina Development Co. green
calctapp · 1986
1 sentence

2021(Marina Tenants Assn. v. Deauville Marina Development Co. (1986) 181 Cal.App.3d 122, 134 .) 15 IV.

12021–2021
Yamada Brothers v. AGRICULTURAL LABOR REL. BD. green
calctapp · 1979
2 sentences

2016(See Yamada Brothers v. Agricultural Labor Relations Bd. (1979) 99 Cal.App.3d 112 , 118-124, 129 [ 159 Cal.Rptr. 905 ] [exception applied; trial court had jurisdiction to hear writ of mandate petition; demurrer ruling based on lack of jurisdiction per § 1160.8 reversed]; see also Agricultural Labor Relations Bd. v. Superior Court (1996) 48 Cal.App.4th 1489, 1498-1510 [ 56 Cal.Rptr.2d 409 ] [noting exceptions exist permitting superior court jurisdiction, but concluding that such exceptions did not apply in that case]; United Farm Workers v. Superior Court (1977) 72 Cal.App.3d 268, 273-275 [ 140

2016(See Yamada Brothers v. Agricultural Labor Relations Bd. (1979) 99 Cal.App.3d 112 , 118-124, 129 [ 159 Cal.Rptr. 905 ] [exception applied; trial court had jurisdiction to hear writ of mandate petition; demurrer ruling based on lack of jurisdiction per § 1160.8 reversed]; see also Agricultural Labor Relations Bd. v. Superior Court (1996) 48 Cal.App.4th 1489, 1498-1510 [ 56 Cal.Rptr.2d 409 ] [noting exceptions exist permitting superior court jurisdiction, but concluding that such exceptions did not apply in that case]; United Farm Workers v. Superior Court (1977) 72 Cal.App.3d 268, 273-275 [ 140

12016–2016
Alvarado v. Superior Court green
cal · 2000
1 sentence

2015(Ibid.) In Alvarado v. Superior Court (2000) 23 Cal.4th 1121 , the trial court issued protective orders in a jail homicide case, permitting the prosecution to withhold the names of witnesses, both pretrial and during testimony at trial.

12015–2015
County of Sonoma v. Commission on State Mandates green
calctapp · 2000
1 sentence

2008Barring a statutory or constitutional violation, it is not for this court to stop the Legislature if it transfers revenue from Peter to compensate Paul....’” (Sonoma, supra, 84 Cal.App.4th at p. 1281 ; see San Jose, supra, 45 Cal.App.4th at pp. 1816-1817 [“there is no basis for applying section 6 as an equitable remedy to cure the perceived unfairness resulting from political decisions on funding priorities”].) Thus, because the Legislature is generally free to fund or not fund programs, Grossmont must identify some duty stemming from the California Constitution or federal law that limits the

12008–2008
People v. Dagnino green
calctapp · 1978
2 sentences

2006“A statutory or constitutional violation occurs only where the court actually provides the jury with instructions or evidence during deliberations without first consulting counsel.” (Ibid.) People v. Dagnino (1978) 80 Cal.App.3d 981 [ 146 Cal.Rptr. 129 ], on which defendant relies, is inapposite.

2006“A statutory or constitutional violation occurs only where the court actually provides the jury with instructions or evidence during deliberations without first consulting counsel.” (Ibid.) People v. Dagnino (1978) 80 Cal.App.3d 981 [ 146 Cal.Rptr. 129 ], on which defendant relies, is inapposite.

12006–2006
AMADOR VALLEY JT. UN. HIGH SCH. v. State Bd. of Equal. green
cal · 1978
2 sentences

2000In Amador Valley, supra, 22 Cal.3d 208 , the court upheld Proposition 13 and the vesting in the Legislature of the general power to allocate revenues from local property taxes. (22 Cal.3d at pp. 225-226.) The court noted that the Legislature was not thereby empowered to reward or punish local agencies and thereby undermine local power to address regional issues by withholding funds.

2000In Amador Valley, supra, 22 Cal.3d 208 , the court upheld Proposition 13 and the vesting in the Legislature of the general power to allocate revenues from local property taxes. (22 Cal.3d at pp. 225-226.) The court noted that the Legislature was not thereby empowered to reward or punish local agencies and thereby undermine local power to address regional issues by withholding funds.

12000–2000
Arizona v. Evans green
scotus · 1995
2 sentences

1995But the existence vel non of such a violation turns on an objective assessment of the officer’s actions in light of the facts and circumstances confronting him at the time.” (Scott v. United States, supra, 456 U.S. at pp. 135-136 [56 L.Ed.2d at pp. 176-177], italics added; accord, Maryland v. Macon (1985) 472 U.S. 463, 470-471 [ 86 L.Ed.2d 370, 378 , 105 S.Ct. 2778 ]; and see Arizona v. Evans (1995) 514 U.S._[ 131 L.Ed.2d 34 , 115 S.Ct. 1185 ].) “[T]hat the officer does not have the state of mind which is hypothecated by the reasons which provide the legal justification for the officer’s actio

1995But the existence vel non of such a violation turns on an objective assessment of the officer’s actions in light of the facts and circumstances confronting him at the time.” (Scott v. United States, supra, 456 U.S. at pp. 135-136 [56 L.Ed.2d at pp. 176-177], italics added; accord, Maryland v. Macon (1985) 472 U.S. 463, 470-471 [ 86 L.Ed.2d 370, 378 , 105 S.Ct. 2778 ]; and see Arizona v. Evans (1995) 514 U.S._[ 131 L.Ed.2d 34 , 115 S.Ct. 1185 ].) “[T]hat the officer does not have the state of mind which is hypothecated by the reasons which provide the legal justification for the officer’s actio

11995–1995
Orpheum Building Co. v. San Francisco Bay Area Rapid Transit District green
calctapp · 1978
11990–1990

Statutes the citing opinions construe

CA § Cal. Penal Code § 187 (5) CA § Cal. Evidence Code § 352 (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

VA 25 (2016–2026) CA 24 (1990–2026) MT 8 (1986–2007) NY 8 (1955–2024) WA 7 (1989–1999) IL 4 (1983–2020) OH 4 (1999–2025) NJ 4 (1975–2021) MD 4 (1993–2018) CO 4 (1994–2017) WI 3 (1978–2022) KY 3 (1978–2020) IA 2 (1971–1971) NC 2 (1998–2005) TN 2 (2010–2010) AZ 2 (1982–1986) AK 2 (1998–1998)

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