immediate hearing (California) · Go Syfert
← California issues

immediate hearing in California

23 California opinions name it 2 courts 1910–2026 2 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 (14)

CaseFollowedCited
Haskel, Inc. v. Superior Courtgreen
calctapp · 1995 · cited in 3 California opinions naming this issue, 1998–2011
2 sentences

2011It obligates the insurer, unless no part of any claim is potentially covered, to fund a defense to minimize the insured’s liability. [Citation.]” (State of California v. Pacific Indemnity Co. (1998) 63 Cal.App.4th 1535, 1546 [ 75 Cal.Rptr.2d 69 ].) “To defend meaningfully, the insurer must defend immediately. [Citation.]” (Buss, supra, 16 Cal.4th at p. 49.) “Imposition of an immediate duty to defend is necessary to afford the insured what it is entitled to: the full protection of a defense on its behalf. [Citation.]” (Montrose Chemical Corp. v. Superior Court (1993) 6 Cal.4th 287, 295 [ 24 Cal

2011It obligates the insurer, unless no part of any claim is potentially covered, to fund a defense to minimize the insured’s liability. [Citation.]” (State of California v. Pacific Indemnity Co. (1998) 63 Cal.App.4th 1535, 1546 [ 75 Cal.Rptr.2d 69 ].) “To defend meaningfully, the insurer must defend immediately. [Citation.]” (Buss, supra, 16 Cal.4th at p. 49.) “Imposition of an immediate duty to defend is necessary to afford the insured what it is entitled to: the full protection of a defense on its behalf. [Citation.]” (Montrose Chemical Corp. v. Superior Court (1993) 6 Cal.4th 287, 295 [ 24 Cal

33
Peretto v. Department of Motor Vehiclesgreen
calctapp · 1991 · cited in 2 California opinions naming this issue, 1994–2026
2 sentences

2026(See Peretto v. Department of Motor Vehicles, supra, 235 Cal.App.3d at p. 461 [“when a driver is entitled to an immediate hearing, the presence or absence of a hardship provision is simply not significant in a due process analysis”].) 11 In sum, balancing all three factors we conclude there was no due process violation.

1994(Peretto v. Department of Motor Vehicles (1991) 235 Cal.App.3d 449, 460 [ 1 Cal.Rptr.2d 392 ]; Mackey v. Montrym (1979) 443 U.S. 1, 10 [ 61 L.Ed.2d 321, 329 , 99 S.Ct. 2612 ].) In Montrym , the United States Supreme Court upheld a statute that provided for an immediate hearing upon request after surrender of the license without a presuspension hearing. ( 443 U.S. 1,10 [ 61 L.Ed.2d 321, 329 ].) The assessment order here was served by mail and contained the warning that failure to appeal would result in enforcement of the penalty assessment as a judgment.

22
MacKey v. Montrymgreen
scotus · 1979 · cited in 2 California opinions naming this issue, 1991–1994
2 sentences

1994(Peretto v. Department of Motor Vehicles (1991) 235 Cal.App.3d 449, 460 [ 1 Cal.Rptr.2d 392 ]; Mackey v. Montrym (1979) 443 U.S. 1, 10 [ 61 L.Ed.2d 321, 329 , 99 S.Ct. 2612 ].) In Montrym , the United States Supreme Court upheld a statute that provided for an immediate hearing upon request after surrender of the license without a presuspension hearing. ( 443 U.S. 1,10 [ 61 L.Ed.2d 321, 329 ].) The assessment order here was served by mail and contained the warning that failure to appeal would result in enforcement of the penalty assessment as a judgment.

1994(Peretto v. Department of Motor Vehicles (1991) 235 Cal.App.3d 449, 460 [ 1 Cal.Rptr.2d 392 ]; Mackey v. Montrym (1979) 443 U.S. 1, 10 [ 61 L.Ed.2d 321, 329 , 99 S.Ct. 2612 ].) In Montrym , the United States Supreme Court upheld a statute that provided for an immediate hearing upon request after surrender of the license without a presuspension hearing. ( 443 U.S. 1,10 [ 61 L.Ed.2d 321, 329 ].) The assessment order here was served by mail and contained the warning that failure to appeal would result in enforcement of the penalty assessment as a judgment.

22
State of California v. Pacific Indemnity Co.green
calctapp · 1998 · cited in 1 California opinions naming this issue, 2011–2011
1 sentence

2011It obligates the insurer, unless no part of any claim is potentially covered, to fund a defense to minimize the insured’s liability. [Citation.]” (State of California v. Pacific Indemnity Co. (1998) 63 Cal.App.4th 1535, 1546 [ 75 Cal.Rptr.2d 69 ].) “To defend meaningfully, the insurer must defend immediately. [Citation.]” (Buss, supra, 16 Cal.4th at p. 49.) “Imposition of an immediate duty to defend is necessary to afford the insured what it is entitled to: the full protection of a defense on its behalf. [Citation.]” (Montrose Chemical Corp. v. Superior Court (1993) 6 Cal.4th 287, 295 [ 24 Cal

11
Montrose Chemical Corp. v. Superior Courtgreen
cal · 1993 · cited in 1 California opinions naming this issue, 2011–2011
2 sentences

2011It obligates the insurer, unless no part of any claim is potentially covered, to fund a defense to minimize the insured’s liability. [Citation.]” (State of California v. Pacific Indemnity Co. (1998) 63 Cal.App.4th 1535, 1546 [ 75 Cal.Rptr.2d 69 ].) “To defend meaningfully, the insurer must defend immediately. [Citation.]” (Buss, supra, 16 Cal.4th at p. 49.) “Imposition of an immediate duty to defend is necessary to afford the insured what it is entitled to: the full protection of a defense on its behalf. [Citation.]” (Montrose Chemical Corp. v. Superior Court (1993) 6 Cal.4th 287, 295 [ 24 Cal

2011It obligates the insurer, unless no part of any claim is potentially covered, to fund a defense to minimize the insured’s liability. [Citation.]” (State of California v. Pacific Indemnity Co. (1998) 63 Cal.App.4th 1535, 1546 [ 75 Cal.Rptr.2d 69 ].) “To defend meaningfully, the insurer must defend immediately. [Citation.]” (Buss, supra, 16 Cal.4th at p. 49.) “Imposition of an immediate duty to defend is necessary to afford the insured what it is entitled to: the full protection of a defense on its behalf. [Citation.]” (Montrose Chemical Corp. v. Superior Court (1993) 6 Cal.4th 287, 295 [ 24 Cal

11
Mathews v. Eldridgegreen
scotus · 1976 · cited in 1 California opinions naming this issue, 1991–1991
2 sentences

1991(Id., at p. 10 [ 61 L.Ed.2d at p. 329 ].) The court reiterated that the determination of what process is due requires identification and balancing of three distinct factors: (1) the private interest affected by the official action; (2) the risk of an erroneous deprivation of that interest through the procedures used, and the probable value, if any, of additional or substitute procedural safeguards; and (3) the government’s intérest, including the function involved and the financial and administrative burdens which would be entailed by additional safeguards. ( 443 U.S. at p. 10 [ 61 L.Ed.2d at

1991(Id., at p. 10 [ 61 L.Ed.2d at p. 329 ].) The court reiterated that the determination of what process is due requires identification and balancing of three distinct factors: (1) the private interest affected by the official action; (2) the risk of an erroneous deprivation of that interest through the procedures used, and the probable value, if any, of additional or substitute procedural safeguards; and (3) the government’s intérest, including the function involved and the financial and administrative burdens which would be entailed by additional safeguards. ( 443 U.S. at p. 10 [ 61 L.Ed.2d at

11
Jacobs v. Bd. of Supervisors of S.F.green
cal · 1893 · cited in 1 California opinions naming this issue, 1974–1974
1 sentence

1974Civil Code section 12 and Code of Civil Procedure section 15 provide: “Words giving a joint authority to three or more public officers or other persons are construed as giving such authority to a majority of them, unless it is otherwise expressed in the Act giving the authority.” (See People v. Hecht, 105 Cal. 621, 627 [ 38 P. 941 ]; Jacobs v. Board of Supervisors, 100 Cal. 121, 132 [ 34 P. 630 ]; People v. Coghill, 47 Cal. 361, 363 .) Accordingly, unless it is otherwise expressed in the act giving authority, the authority, although joint where given to three or more, can be exercised by the m

11
People ex rel. Hoffman v. Hechtgreen
cal · 1895 · cited in 1 California opinions naming this issue, 1974–1974
1 sentence

1974Civil Code section 12 and Code of Civil Procedure section 15 provide: “Words giving a joint authority to three or more public officers or other persons are construed as giving such authority to a majority of them, unless it is otherwise expressed in the Act giving the authority.” (See People v. Hecht, 105 Cal. 621, 627 [ 38 P. 941 ]; Jacobs v. Board of Supervisors, 100 Cal. 121, 132 [ 34 P. 630 ]; People v. Coghill, 47 Cal. 361, 363 .) Accordingly, unless it is otherwise expressed in the act giving authority, the authority, although joint where given to three or more, can be exercised by the m

11
Mattox v. United Statesgreen
· 1895 · cited in 1 California opinions naming this issue, 1969–1969
2 sentences

1969By cross-examination “the accused has an opportunity, not only of testing the recollection and sifting the conscience of the witness, but of compelling him to stand face to face with the jury in order that they may look at him, and judge by his demeanor upon the stand and the manner in which he gives his testimony whether he is worthy of belief. ’ ’ (Mattox v. United States (1894) 156 U.S. 237, 242-243 [ 39 L.Ed. 409, 411 , 15 S.Ct. 337 ].) It is because demeanor—attitude and manner—is a significant factor- in weighing testimonial evidence that it is axiomatic the trier of fact, before whom th

1969By cross-examination “the accused has an opportunity, not only of testing the recollection and sifting the conscience of the witness, but of compelling him to stand face to face with the jury in order that they may look at him, and judge by his demeanor upon the stand and the manner in which he gives his testimony whether he is worthy of belief. ’ ’ (Mattox v. United States (1894) 156 U.S. 237, 242-243 [ 39 L.Ed. 409, 411 , 15 S.Ct. 337 ].) It is because demeanor—attitude and manner—is a significant factor- in weighing testimonial evidence that it is axiomatic the trier of fact, before whom th

11
People v. Gracegreen
calctapp · 1926 · cited in 1 California opinions naming this issue, 1960–1960
2 sentences

1960(People v. Grace, 77 Cal.App. 752, 759 [ 247 P. 585 ].) Although the court later vacated its order that an immediate hearing be held as to the issue of defendant’s present sanity, the record does not indicate that the doubt which had arisen in the mind of the trial judge had been dispelled.

1960(People v. Grace, 77 Cal.App. 752, 759 [ 247 P. 585 ].) Although the court later vacated its order that an immediate hearing be held as to the issue of defendant’s present sanity, the record does not indicate that the doubt which had arisen in the mind of the trial judge had been dispelled.

11
People v. Jamesgreen
calctapp · 1950 · cited in 1 California opinions naming this issue, 1952–1952
2 sentences

1952All four matters, if they were as alleged, were known at the time (People v. Adamson, supra) and the remedy then available was a motion to quash the information (In re Ted-ford, 31 Cal.2d 693, 694-695 [ 192 P.2d 3 ] ; People v. James, 99 Cal.App.2d 476, 484 [ 222 P.2d 117 ] ; see, also, People v. Coates, 95 Cal.App.2d 78, 80 [ 212 P.2d 263 ] ; People v. Bailey, 105 Cal.App.2d 150, 153-154 [ 232 P.2d 518 ]).

1952All four matters, if they were as alleged, were known at the time (People v. Adamson, supra) and the remedy then available was a motion to quash the information (In re Ted-ford, 31 Cal.2d 693, 694-695 [ 192 P.2d 3 ] ; People v. James, 99 Cal.App.2d 476, 484 [ 222 P.2d 117 ] ; see, also, People v. Coates, 95 Cal.App.2d 78, 80 [ 212 P.2d 263 ] ; People v. Bailey, 105 Cal.App.2d 150, 153-154 [ 232 P.2d 518 ]).

11
People v. Coatesgreen
calctapp · 1949 · cited in 1 California opinions naming this issue, 1952–1952
2 sentences

1952All four matters, if they were as alleged, were known at the time (People v. Adamson, supra) and the remedy then available was a motion to quash the information (In re Ted-ford, 31 Cal.2d 693, 694-695 [ 192 P.2d 3 ] ; People v. James, 99 Cal.App.2d 476, 484 [ 222 P.2d 117 ] ; see, also, People v. Coates, 95 Cal.App.2d 78, 80 [ 212 P.2d 263 ] ; People v. Bailey, 105 Cal.App.2d 150, 153-154 [ 232 P.2d 518 ]).

1952All four matters, if they were as alleged, were known at the time (People v. Adamson, supra) and the remedy then available was a motion to quash the information (In re Ted-ford, 31 Cal.2d 693, 694-695 [ 192 P.2d 3 ] ; People v. James, 99 Cal.App.2d 476, 484 [ 222 P.2d 117 ] ; see, also, People v. Coates, 95 Cal.App.2d 78, 80 [ 212 P.2d 263 ] ; People v. Bailey, 105 Cal.App.2d 150, 153-154 [ 232 P.2d 518 ]).

11
People v. Baileygreen
calctapp · 1951 · cited in 1 California opinions naming this issue, 1952–1952
2 sentences

1952All four matters, if they were as alleged, were known at the time (People v. Adamson, supra) and the remedy then available was a motion to quash the information (In re Ted-ford, 31 Cal.2d 693, 694-695 [ 192 P.2d 3 ] ; People v. James, 99 Cal.App.2d 476, 484 [ 222 P.2d 117 ] ; see, also, People v. Coates, 95 Cal.App.2d 78, 80 [ 212 P.2d 263 ] ; People v. Bailey, 105 Cal.App.2d 150, 153-154 [ 232 P.2d 518 ]).

1952All four matters, if they were as alleged, were known at the time (People v. Adamson, supra) and the remedy then available was a motion to quash the information (In re Ted-ford, 31 Cal.2d 693, 694-695 [ 192 P.2d 3 ] ; People v. James, 99 Cal.App.2d 476, 484 [ 222 P.2d 117 ] ; see, also, People v. Coates, 95 Cal.App.2d 78, 80 [ 212 P.2d 263 ] ; People v. Bailey, 105 Cal.App.2d 150, 153-154 [ 232 P.2d 518 ]).

11
In Re Tedfordgreen
cal · 1948 · cited in 1 California opinions naming this issue, 1952–1952
2 sentences

1952All four matters, if they were as alleged, were known at the time (People v. Adamson, supra) and the remedy then available was a motion to quash the information (In re Ted-ford, 31 Cal.2d 693, 694-695 [ 192 P.2d 3 ] ; People v. James, 99 Cal.App.2d 476, 484 [ 222 P.2d 117 ] ; see, also, People v. Coates, 95 Cal.App.2d 78, 80 [ 212 P.2d 263 ] ; People v. Bailey, 105 Cal.App.2d 150, 153-154 [ 232 P.2d 518 ]).

1952All four matters, if they were as alleged, were known at the time (People v. Adamson, supra) and the remedy then available was a motion to quash the information (In re Ted-ford, 31 Cal.2d 693, 694-695 [ 192 P.2d 3 ] ; People v. James, 99 Cal.App.2d 476, 484 [ 222 P.2d 117 ] ; see, also, People v. Coates, 95 Cal.App.2d 78, 80 [ 212 P.2d 263 ] ; People v. Bailey, 105 Cal.App.2d 150, 153-154 [ 232 P.2d 518 ]).

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 (21)

CaseCitedYears
Ernst v. Searle green
cal · 1933
2 sentences

2013(Cf. Ernst v. Searle (1933) 218 Cal. 233 , 240–241 [“A party is not permitted to change his position and adopt a new and different theory on appeal.

2013(Cf. Ernst v. Searle (1933) 218 Cal. 233 , 240–241 [―A party is not permitted to change his position and adopt a new and different theory on appeal.

22013–2013
Young v. Hoagland green
cal · 1931
1 sentence

2021(Young v. Hoagland (1931) 212 Cal. 426 , 430–432 [restitution affirmed where company’s outgoing board levied an invalid assessment and plaintiff shareholder paid under protest to avoid a sale of the shares].) Substantial evidence in support of the restitution award Based on its factual determination that the parties had no agreement to renew the Loan, the court found in favor of Respondents on their restitution claim.

12021–2021
Durell v. Sharp Healthcare green
calctapp · 2010
1 sentence

2021In such cases, the plaintiff may choose not to sue in tort, but instead to seek restitution on a quasi-contract theory . . . . [Citations.] In such cases, where appropriate, the law will imply a contract (or rather, a quasi-contract), without regard to the parties’ intent, in order to avoid unjust enrichment.’ [Citation.]” (Durell, supra, 183 Cal.App.4th at p. 1370 .) According to section 35 of the Restatement Third of Restitution and Unjust Enrichment, “If one party to a contract demands from the other a performance that is not in fact due by the terms of their agreement, under circumstances

12021–2021
Southern California Gas Co. v. Public Utilities Commission green
cal · 1985
2 sentences

2016A showing of substantial contribution shall include, but need not be limited to, a demonstration that the Commission’s order or decision has adopted factual contention(s), legal contention(s), and/or specific recommendation(s) presented by the participant.” (Oil 100 Regs., rule 76.26, italics added.) The 011 100 Regulations drew an immediate challenge from a group of utilities in Southern Cal. Gas Co. v. Public Utilities Com. (1985) 38 Cal.3d 64 [ 211 Cal.Rptr. 99 , 695 P.2d 186 ] (Southern California Gas) on the ground that the CPUC’s assertion of regulatory authority to provide for interveno

2016A showing of substantial contribution shall include, but need not be limited to, a demonstration that the Commission’s order or decision has adopted factual contention(s), legal contention(s), and/or specific recommendation(s) presented by the participant.” (Oil 100 Regs., rule 76.26, italics added.) The 011 100 Regulations drew an immediate challenge from a group of utilities in Southern Cal. Gas Co. v. Public Utilities Com. (1985) 38 Cal.3d 64 [ 211 Cal.Rptr. 99 , 695 P.2d 186 ] (Southern California Gas) on the ground that the CPUC’s assertion of regulatory authority to provide for interveno

12016–2016
State v. Pacific Indem. Co. green
calctapp · 1998
1 sentence

2011It obligates the insurer, unless no part of any claim is potentially covered, to fund a defense to minimize the insured’s liability. [Citation.]” (State of California v. Pacific Indemnity Co. (1998) 63 Cal.App.4th 1535, 1546 [ 75 Cal.Rptr.2d 69 ].) “To defend meaningfully, the insurer must defend immediately. [Citation.]” (Buss, supra, 16 Cal.4th at p. 49.) “Imposition of an immediate duty to defend is necessary to afford the insured what it is entitled to: the full protection of a defense on its behalf. [Citation.]” (Montrose Chemical Corp. v. Superior Court (1993) 6 Cal.4th 287, 295 [ 24 Cal

12011–2011
Montgomery Ward & Co. v. Imperial Casualty & Indemnity Co. green
calctapp · 2000
2 sentences

2010If, under the terms of the policy, the insured would have a reasonable expectation that the insurer would provide a defense, any limitation on the insurer's defense obligation must be conspicuous, plain and clear. ( Haynes, supra, 32 Cal.4th at p. 1204 ; Gray, supra, 65 Cal.2d at pp. 272-273.) Montgomery Ward & Co. v. Imperial Casualty & Indemnity Co. (2000) 81 Cal.App.4th 356 [ 97 Cal.Rptr.2d 44 ] ( Montgomery Ward ) is instructive.

2010If, under the terms of the policy, the insured would have a reasonable expectation that the insurer would provide a defense, any limitation on the insurer's defense obligation must be conspicuous, plain and clear. ( Haynes, supra, 32 Cal.4th at p. 1204 ; Gray, supra, 65 Cal.2d at pp. 272-273.) Montgomery Ward & Co. v. Imperial Casualty & Indemnity Co. (2000) 81 Cal.App.4th 356 [ 97 Cal.Rptr.2d 44 ] ( Montgomery Ward ) is instructive.

12010–2010
Haynes v. Farmers Insurance Exchange green
cal · 2004
1 sentence

2010If, under the terms of the policy, the insured would have a reasonable expectation that the insurer would provide a defense, any limitation on the insurer's defense obligation must be conspicuous, plain and clear. ( Haynes, supra, 32 Cal.4th at p. 1204 ; Gray, supra, 65 Cal.2d at pp. 272-273.) Montgomery Ward & Co. v. Imperial Casualty & Indemnity Co. (2000) 81 Cal.App.4th 356 [ 97 Cal.Rptr.2d 44 ] ( Montgomery Ward ) is instructive.

12010–2010
Regan Roofing Co. v. Superior Court green
calctapp · 1994
2 sentences

2006Regan Roofing Co. v. Superior Court (1994) 24 Cal.App.4th 425 , 29 Cal.Rptr.2d 413 ( Regan Roofing ), is a construction defect case involving mass-produced residences.

2006Regan Roofing Co. v. Superior Court (1994) 24 Cal.App.4th 425 , 29 Cal.Rptr.2d 413 ( Regan Roofing ), is a construction defect case involving mass-produced residences.

12006–2006
People v. Superior Court (Lavi) green
cal · 1993
1 sentence

1997As our Supreme Court has noted, the general rule is that “a challenge of a judge is permitted under section 170.6 any time before the commencement of a trial or hearing.” (People v. Superior Court ((Lavi), supra, 4 Cal.4th 1164, 1171 .) Subdivision (2) of section 170.6 establishes three exceptions to the general rule: the master calendar rule, the “10-day/5-day” rule, and the “all-purpose assignment” rule.

11997–1997
People v. Hill green
cal · 1974
1 sentence

1975(People v. Hill, supra, 12 Cal.3d 731, 761 .) The immediate inquiry is whether Miss Simmons was a person who fell in the category of a “citizen-informant” at the time of her statement to Roxon.

11975–1975
People v. Coghill neutral
cal · 1874
1 sentence

1974Civil Code section 12 and Code of Civil Procedure section 15 provide: “Words giving a joint authority to three or more public officers or other persons are construed as giving such authority to a majority of them, unless it is otherwise expressed in the Act giving the authority.” (See People v. Hecht, 105 Cal. 621, 627 [ 38 P. 941 ]; Jacobs v. Board of Supervisors, 100 Cal. 121, 132 [ 34 P. 630 ]; People v. Coghill, 47 Cal. 361, 363 .) Accordingly, unless it is otherwise expressed in the act giving authority, the authority, although joint where given to three or more, can be exercised by the m

11974–1974
People v. Greene green
cal · 1893
1 sentence

1974Civil Code section 12 and Code of Civil Procedure section 15 provide: “Words giving a joint authority to three or more public officers or other persons are construed as giving such authority to a majority of them, unless it is otherwise expressed in the Act giving the authority.” (See People v. Hecht, 105 Cal. 621, 627 [ 38 P. 941 ]; Jacobs v. Board of Supervisors, 100 Cal. 121, 132 [ 34 P. 630 ]; People v. Coghill, 47 Cal. 361, 363 .) Accordingly, unless it is otherwise expressed in the act giving authority, the authority, although joint where given to three or more, can be exercised by the m

11974–1974
In re Estate of Bates green
cal · 1895
1 sentence

1974Civil Code section 12 and Code of Civil Procedure section 15 provide: “Words giving a joint authority to three or more public officers or other persons are construed as giving such authority to a majority of them, unless it is otherwise expressed in the Act giving the authority.” (See People v. Hecht, 105 Cal. 621, 627 [ 38 P. 941 ]; Jacobs v. Board of Supervisors, 100 Cal. 121, 132 [ 34 P. 630 ]; People v. Coghill, 47 Cal. 361, 363 .) Accordingly, unless it is otherwise expressed in the act giving authority, the authority, although joint where given to three or more, can be exercised by the m

11974–1974
Jackson v. Indiana green
scotus · 1972
2 sentences

1973(See Jackson v. Indiana, supra, 406 U.S. 715, 740 , and fn. 27 [ 32 L.Ed.2d 435, 451-452 ].) Yet in the instant cases, in view of the availability to petitioners of an immediate hearing on the question of their progress toward competence, we think that an outright dismissal of the pending charges would be unwarranted.

1973(See Jackson v. Indiana, supra, 406 U.S. 715, 740 , and fn. 27 [ 32 L.Ed.2d 435, 451-452 ].) Yet in the instant cases, in view of the availability to petitioners of an immediate hearing on the question of their progress toward competence, we think that an outright dismissal of the pending charges would be unwarranted.

11973–1973
Frey & Horgan Corp. v. Superior Court green
cal · 1936
2 sentences

1963This same question was posed in Frey & Horgan Corp. v. Superior Court (1936) 5 Cal.2d 401 [ 55 P.2d 203 ], wherein the parties had entered into a contract containing the identical arbitration provisions as in the instant case, and providing for submission to arbitration before the very same committee of the Foreign Commerce Association of the San Francisco Chamber of Commerce.

1963This same question was posed in Frey & Horgan Corp. v. Superior Court (1936) 5 Cal.2d 401 [ 55 P.2d 203 ], wherein the parties had entered into a contract containing the identical arbitration provisions as in the instant case, and providing for submission to arbitration before the very same committee of the Foreign Commerce Association of the San Francisco Chamber of Commerce.

11963–1963
Caminetti v. Pacific Mutual Life Insurance green
cal · 1943
2 sentences

1962Co., 23 Cal.2d 94 [ 142 P.2d 741 ], where the Supreme Court described *478 them as “somewhat analogous to a breach by anticipatory repudiation.’’ ( 23 Cal.2d at p. 104 .) This breach, occurring when the old company ceased to do business, gave rise to an immediate claim for money damages.

1962Co., 23 Cal.2d 94 [ 142 P.2d 741 ], where the Supreme Court described *478 them as “somewhat analogous to a breach by anticipatory repudiation.’’ ( 23 Cal.2d at p. 104 .) This breach, occurring when the old company ceased to do business, gave rise to an immediate claim for money damages.

11962–1962
Bate v. Jolin green
cal · 1929
11932–1932
Hale v. San Bernardino Valley Traction Co. green
cal · 1909
11932–1932
Mohn v. Tingley green
cal · 1923
11932–1932
Martin v. Pacific Gas & Electric Co. green
cal · 1928
11932–1932
Dow v. State Bank of Sleepy Eye green
minn · 1903
11910–1910

Statutes the citing opinions construe

CA § Cal. Civil Code § 2860 (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

NY 87 (1902–2025) TX 28 (1964–2025) FL 24 (1952–2023) CA 23 (1910–2026) IL 21 (1913–2026) PA 19 (1943–2025) DC 14 (1972–2011) CT 14 (1980–2015) GA 11 (1979–2017) NJ 9 (1986–2019) OR 9 (1970–2021) MD 8 (1913–2019) WI 8 (1978–2020) AL 7 (1985–2001) MI 6 (1972–2023) DE 6 (1980–2018) NC 6 (1892–2009) OH 5 (1930–2025) TN 4 (2000–2026) MA 4 (1963–1995) WA 4 (1913–2017) CO 4 (1958–2011) ME 4 (1976–2026) LA 3 (1928–1994) AZ 3 (1992–2013) MN 3 (1985–1993) KS 3 (1890–2009) NH 3 (1993–2020) RI 3 (1992–2003) NV 2 (1958–1992) ND 2 (1893–1997) MT 2 (1979–2021) IA 2 (1908–1998) NM 2 (1984–2015) WY 2 (1980–1991) WV 2 (1987–2020) SC 2 (2007–2012) OK 2 (2017–2017) MO 2 (1940–1983) IN 2 (1971–1972) VA 2 (1986–1991) HI 2 (2008–2020)

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

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