includes instruction (California) · Go Syfert
← California issues

includes instruction in California

20 California opinions name it 1 courts 1979–2026 13 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 (12)

CaseFollowedCited
People v. Lewisgreen
cal · 2021 · cited in 3 California opinions naming this issue, 2023–2023
2 sentences

2023(People v. Mitchell, supra, 81 Cal.App.5th at p. 589 [no constitutional right against double jeopardy]; People v. Myles (2021) 69 Cal.App.5th 688 , 703 [no constitutional right against self-incrimination]; People v. James (2021) 63 Cal.App.5th 604 , 611 [no constitutional right to trial by jury]; see also People v. Lewis, supra, 11 Cal.5th at pp. 972–974 [no constitutional right to counsel; a due process right to counsel at the evidentiary stage but not at the prima facie stage]; but see 18 People v. Basler (2022) 80 Cal.App.5th 46 , 57–58 [section 1172.6 proceeding is a critical stage at whic

2023(People v. Mitchell, supra, 81 Cal.App.5th at p. 589 [no constitutional right against double jeopardy]; People v. Myles (2021) 69 Cal.App.5th 688 , 703 [no constitutional right against self-incrimination]; People v. James (2021) 63 Cal.App.5th 604 , 611 [no constitutional right to trial by jury]; see also People v. Lewis, supra, 11 Cal.5th at pp. 972–974 [no constitutional right to counsel; a due process right to counsel at the evidentiary stage but not at the prima facie stage]; but see People v. Basler (2022) 80 Cal.App.5th 46 , 57–58 [section 1172.6 proceeding is a critical stage at which p

33
People v. Brevermangreen
cal · 1998 · cited in 4 California opinions naming this issue, 2015–2021
2 sentences

2021(People v. Breverman (1998) 19 Cal.4th 142, 154 .) This includes instruction on lesser included offenses supported by the evidence.

2021(People v. Sedeno (1974) 10 Cal.3d 703, 715 , overruled on another ground by People v. Breverman (1998) 19 Cal.4th 142, 163 .) We review the legal adequacy of an instruction de novo.

24
People v. Taylorgreen
cal · 2010 · cited in 2 California opinions naming this issue, 2015–2016
2 sentences

2016(People v. Breverman (1998) 19 Cal.4th 142, 148-149, 154 (Breverman).) Instruction on a lesser included offense is required whenever evidence that the defendant is guilty only of the lesser offense is “ ‘ “substantial enough to merit [the jury’s] 11 consideration.” ’ ” (People v. Taylor (2010) 48 Cal.4th 574, 623 (Taylor), quoting Breverman, supra, at p. 162 .) This substantial evidence requirement is met by “ ‘ “evidence from which a [reasonable] jury . . . could . . . conclude[]” ’ that the lesser offense, but not the greater, was committed.” ( Breverman, supra, at p. 162 .) “In deciding whe

2015(People v. Breverman (1998) 19 Cal.4th 142, 148-149, 154 (Breverman).) Instruction on a lesser included offense is required whenever evidence that the defendant is guilty only of the lesser offense is “ ‘ “substantial enough to merit [the jury’s] consideration.” ’ ” (People v. Taylor (2010) 48 Cal.4th 574, 623 (Taylor), quoting Breverman, supra, 19 Cal.4th at p. 162 .) This substantial evidence requirement is met by “ ‘ “evidence from which a [reasonable] jury . . . could . . . conclude[]” ’ that the lesser offense, but not the greater, was committed.” (Breverman, at p. 162.) “[T]he use of han

22
Aidan Ming-Ho Leung v. Verdugo Hills Hospitalgreen
cal · 2012 · cited in 1 California opinions naming this issue, 2026–2026
1 sentence

2026“The normal rules of appellate review apply to an order granting or denying attorney fees . . . .” (Apex, LLC v. Korusfood.com (2013) 222 Cal.App.4th 1010, 1017 .) “The most fundamental rule of appellate review is that an appealed judgment or order is presumed to be correct. [Citation.] ‘All intendments and presumptions are indulged to support it on matters as to which the record is silent, and error must be affirmatively shown.’ [Citations.] This includes the presumption ‘that the record contains evidence to support every finding of fact.’ ” (Eisenberg et al., Cal. Practice Guide: Civil Appea

11
Cloud v. Northrop Grumman Corp.green
calctapp · 1998 · cited in 1 California opinions naming this issue, 2023–2023
1 sentence

2023(See 11 U.S.C., §§ 541 (a)(1) and 323; see also, e.g., United States v. Whiting Pools, Inc. (1983) 462 U.S. 198, 203-203 , fn. 9 . . . [‘a broad range of property,’ including causes of action, is included in the bankruptcy estate].)” (Cloud v. Northrop Grumman Corp. (1998) 67 Cal.App.4th 995, 1001 (Cloud).) This includes a claim for injuries to the person, even if such a claim is unliquidated at the time the bankruptcy petition is filed.

11
United States v. Whiting Pools, Inc.green
scotus · 1983 · cited in 1 California opinions naming this issue, 2023–2023
1 sentence

2023(See 11 U.S.C., §§ 541 (a)(1) and 323; see also, e.g., United States v. Whiting Pools, Inc. (1983) 462 U.S. 198, 203-203 , fn. 9 . . . [‘a broad range of property,’ including causes of action, is included in the bankruptcy estate].)” (Cloud v. Northrop Grumman Corp. (1998) 67 Cal.App.4th 995, 1001 (Cloud).) This includes a claim for injuries to the person, even if such a claim is unliquidated at the time the bankruptcy petition is filed.

11
Lachapelle v. Toyota Motor Credit Corporationgreen
calctapp · 2002 · cited in 1 California opinions naming this issue, 2021–2021
1 sentence

2021And, of course, why [Davey’s] mother didn’t pursue anything over the past 40-plus years.” 8 102 Cal.App.4th 977, 981 [summary judgment may not be defeated by “mere speculation and conjecture, but instead [the opponent of the motion] must produce admissible evidence raising a triable issue of fact”].) This includes the requirement that declarations “show the declarant’s personal knowledge and competency to testify, state facts and not just conclusions, and not include inadmissible hearsay or opinion.” (Bozzi v. Nordstrom, Inc. (2010) 186 Cal.App.4th 755, 761 ; see also Evid.

11
People v. McDanielgreen
calctapp · 2008 · cited in 1 California opinions naming this issue, 2015–2015
1 sentence

2015(People v. Breverman (1998) 19 Cal.4th 142, 148-149, 154 (Breverman).) Instruction on a lesser included offense is required whenever evidence that the defendant is guilty only of the lesser offense is “ ‘ “substantial enough to merit [the jury’s] consideration.” ’ ” (People v. Taylor (2010) 48 Cal.4th 574, 623 (Taylor), quoting Breverman, supra, 19 Cal.4th at p. 162 .) This substantial evidence requirement is met by “ ‘ “evidence from which a [reasonable] jury . . . could . . . conclude[]” ’ that the lesser offense, but not the greater, was committed.” (Breverman, at p. 162.) “[T]he use of han

11
People v. Aguilargreen
cal · 1997 · cited in 1 California opinions naming this issue, 2015–2015
1 sentence

2015(People v. Breverman (1998) 19 Cal.4th 142, 148-149, 154 (Breverman).) Instruction on a lesser included offense is required whenever evidence that the defendant is guilty only of the lesser offense is “ ‘ “substantial enough to merit [the jury’s] consideration.” ’ ” (People v. Taylor (2010) 48 Cal.4th 574, 623 (Taylor), quoting Breverman, supra, 19 Cal.4th at p. 162 .) This substantial evidence requirement is met by “ ‘ “evidence from which a [reasonable] jury . . . could . . . conclude[]” ’ that the lesser offense, but not the greater, was committed.” (Breverman, at p. 162.) “[T]he use of han

11
People v. McEwangreen
calctapp · 2007 · cited in 1 California opinions naming this issue, 2014–2014
1 sentence

2014(People v. McEwan (2007) 147 Cal.App.4th 173, 178 [citing cases holding that claims that plea was induced by misrepresentations, obtained while defendant was mentally incompetent and lacked 3 We note the record shows that before appellant entered his plea, appellant’s counsel told the court, “I did advise him he would be accepting a plea to two strikes over my advice.

11
Helfand v. Nationall Union Fire Insurancegreen
calctapp · 1992 · cited in 1 California opinions naming this issue, 1995–1995
11
People v. Guzmangreen
calctapp · 1975 · cited in 1 California opinions naming this issue, 1979–1979
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 (23)

CaseCitedYears
Jameson v. Desta green
cal · 2018
2 sentences

2026Because Veals has failed to provide a reporter’s transcript, or the equivalent, of the June 17, 2025 proceedings, we are unable to evaluate his claims of error and we therefore affirm “The most fundamental rule of appellate review is that the judgment or order challenged on appeal is presumed to be correct, and it is the appellant’s burden to affirmatively demonstrate error.” (Argueta v. Worldwide Flight Services, Inc. (2023) 97 Cal.App.5th 822 , 833, citing Jameson v. Desta (2018) 5 Cal.5th 594 , 608–609.) “All intendments and presumptions are indulged to support [the judgment] on matters as

2025We refer to the companies as “entity defendants.” 2 PRINCIPLES OF APPELLATE REVIEW “The most fundamental rule of appellate review is that the judgment or order challenged on appeal is presumed to be correct, and it is the appellant’s burden to affirmatively demonstrate error.” (Argueta v. Worldwide Flight Services, Inc. (2023) 97 Cal.App.5th 822 , 833, citing Jameson v. Desta (2018) 5 Cal.5th 594 , 608–609.) “ ‘All intendments and presumptions are indulged to support [the judgment] on matters as to which the record is silent, and error must be affirmatively shown.’ ” (Denham v. Superior Court

32025–2026
Denham v. Superior Court green
cal · 1970
2 sentences

2026Because Veals has failed to provide a reporter’s transcript, or the equivalent, of the June 17, 2025 proceedings, we are unable to evaluate his claims of error and we therefore affirm “The most fundamental rule of appellate review is that the judgment or order challenged on appeal is presumed to be correct, and it is the appellant’s burden to affirmatively demonstrate error.” (Argueta v. Worldwide Flight Services, Inc. (2023) 97 Cal.App.5th 822 , 833, citing Jameson v. Desta (2018) 5 Cal.5th 594 , 608–609.) “All intendments and presumptions are indulged to support [the judgment] on matters as

2025We refer to the companies as “entity defendants.” 2 PRINCIPLES OF APPELLATE REVIEW “The most fundamental rule of appellate review is that the judgment or order challenged on appeal is presumed to be correct, and it is the appellant’s burden to affirmatively demonstrate error.” (Argueta v. Worldwide Flight Services, Inc. (2023) 97 Cal.App.5th 822 , 833, citing Jameson v. Desta (2018) 5 Cal.5th 594 , 608–609.) “ ‘All intendments and presumptions are indulged to support [the judgment] on matters as to which the record is silent, and error must be affirmatively shown.’ ” (Denham v. Superior Court

22025–2026
In Re Marriage of Fink green
cal · 1979
2 sentences

2026Because Veals has failed to provide a reporter’s transcript, or the equivalent, of the June 17, 2025 proceedings, we are unable to evaluate his claims of error and we therefore affirm “The most fundamental rule of appellate review is that the judgment or order challenged on appeal is presumed to be correct, and it is the appellant’s burden to affirmatively demonstrate error.” (Argueta v. Worldwide Flight Services, Inc. (2023) 97 Cal.App.5th 822 , 833, citing Jameson v. Desta (2018) 5 Cal.5th 594 , 608–609.) “All intendments and presumptions are indulged to support [the judgment] on matters as

2025We refer to the companies as “entity defendants.” 2 PRINCIPLES OF APPELLATE REVIEW “The most fundamental rule of appellate review is that the judgment or order challenged on appeal is presumed to be correct, and it is the appellant’s burden to affirmatively demonstrate error.” (Argueta v. Worldwide Flight Services, Inc. (2023) 97 Cal.App.5th 822 , 833, citing Jameson v. Desta (2018) 5 Cal.5th 594 , 608–609.) “ ‘All intendments and presumptions are indulged to support [the judgment] on matters as to which the record is silent, and error must be affirmatively shown.’ ” (Denham v. Superior Court

22025–2026
Ehrler v. Ehrler green
calctapp · 1981
1 sentence

2026(See Cal. 11 Rules of Court, rule 8.120(b).3) “Where no reporter’s transcript has been provided . . . it is presumed that the unreported trial testimony would demonstrate the absence of error.” (Estate of Fain (1999) 75 Cal.App.4th 973, 992 , citing Ehrler v. Ehrler (1981) 126 Cal.App.3d 147 , 153–154.) “The effect of this rule is that an appellant who attacks a judgment but supplies no reporter’s transcript will be precluded from raising an argument as to the sufficiency of the evidence.” (Estate of Fain, at p. 992, citing Sui v. Landi (1985) 163 Cal.App.3d 383 , 385–386; National Secretarial

12026–2026
Sui v. Landi green
calctapp · 1985
1 sentence

2026(See Cal. 11 Rules of Court, rule 8.120(b).3) “Where no reporter’s transcript has been provided . . . it is presumed that the unreported trial testimony would demonstrate the absence of error.” (Estate of Fain (1999) 75 Cal.App.4th 973, 992 , citing Ehrler v. Ehrler (1981) 126 Cal.App.3d 147 , 153–154.) “The effect of this rule is that an appellant who attacks a judgment but supplies no reporter’s transcript will be precluded from raising an argument as to the sufficiency of the evidence.” (Estate of Fain, at p. 992, citing Sui v. Landi (1985) 163 Cal.App.3d 383 , 385–386; National Secretarial

12026–2026
Fortman v. Hemco, Inc. green
calctapp · 1989
1 sentence

2026“The normal rules of appellate review apply to an order granting or denying attorney fees . . . .” (Apex, LLC v. Korusfood.com (2013) 222 Cal.App.4th 1010, 1017 .) “The most fundamental rule of appellate review is that an appealed judgment or order is presumed to be correct. [Citation.] ‘All intendments and presumptions are indulged to support it on matters as to which the record is silent, and error must be affirmatively shown.’ [Citations.] This includes the presumption ‘that the record contains evidence to support every finding of fact.’ ” (Eisenberg et al., Cal. Practice Guide: Civil Appea

12026–2026
National Secretarial Service, Inc. v. Froehlich green
calctapp · 1989
1 sentence

2026(See Cal. 11 Rules of Court, rule 8.120(b).3) “Where no reporter’s transcript has been provided . . . it is presumed that the unreported trial testimony would demonstrate the absence of error.” (Estate of Fain (1999) 75 Cal.App.4th 973, 992 , citing Ehrler v. Ehrler (1981) 126 Cal.App.3d 147 , 153–154.) “The effect of this rule is that an appellant who attacks a judgment but supplies no reporter’s transcript will be precluded from raising an argument as to the sufficiency of the evidence.” (Estate of Fain, at p. 992, citing Sui v. Landi (1985) 163 Cal.App.3d 383 , 385–386; National Secretarial

12026–2026
In Re Estate of Fain green
calctapp · 1999
1 sentence

2026(See Cal. 11 Rules of Court, rule 8.120(b).3) “Where no reporter’s transcript has been provided . . . it is presumed that the unreported trial testimony would demonstrate the absence of error.” (Estate of Fain (1999) 75 Cal.App.4th 973, 992 , citing Ehrler v. Ehrler (1981) 126 Cal.App.3d 147 , 153–154.) “The effect of this rule is that an appellant who attacks a judgment but supplies no reporter’s transcript will be precluded from raising an argument as to the sufficiency of the evidence.” (Estate of Fain, at p. 992, citing Sui v. Landi (1985) 163 Cal.App.3d 383 , 385–386; National Secretarial

12026–2026
Apex LLC v. Korusfood.com green
calctapp · 2014
2 sentences

2026“The normal rules of appellate review apply to an order granting or denying attorney fees . . . .” (Apex, LLC v. Korusfood.com (2013) 222 Cal.App.4th 1010, 1017 .) “The most fundamental rule of appellate review is that an appealed judgment or order is presumed to be correct. [Citation.] ‘All intendments and presumptions are indulged to support it on matters as to which the record is silent, and error must be affirmatively shown.’ [Citations.] This includes the presumption ‘that the record contains evidence to support every finding of fact.’ ” (Eisenberg et al., Cal. Practice Guide: Civil Appea

2026“The normal rules of appellate review apply to an order granting or denying attorney fees . . . .” (Apex, LLC v. Korusfood.com (2013) 222 Cal.App.4th 1010, 1017 .) “The most fundamental rule of appellate review is that an appealed judgment or order is presumed to be correct. [Citation.] ‘All intendments and presumptions are indulged to support it on matters as to which the record is silent, and error must be affirmatively shown.’ [Citations.] This includes the presumption ‘that the record contains evidence to support every finding of fact.’ ” (Eisenberg et al., Cal. Practice Guide: Civil Appea

12026–2026
People v. Clark green
cal · 2016
1 sentence

2025(Vang, supra, 82 Cal.App.5th at p. 91 [the term “actual killer” in § 189, subd. (e)(1) “means the person (or persons) who personally killed the victim”].) Moreover, it is unnecessary to address if defendant qualified for the categories in section 189, subdivision (e) permitting liability for a murder “in the perpetration or attempted perpetration of [an enumerated felony]” because no instructions on felony murder or aiding and abetting were given to the jury and defendant was not charged with an enumerated felony. (§ 189, subd. (a), (e).) This includes analysis of whether defendant was a major

12025–2025
People v. Banks green
cal · 2015
1 sentence

2025(Vang, supra, 82 Cal.App.5th at p. 91 [the term “actual killer” in § 189, subd. (e)(1) “means the person (or persons) who personally killed the victim”].) Moreover, it is unnecessary to address if defendant qualified for the categories in section 189, subdivision (e) permitting liability for a murder “in the perpetration or attempted perpetration of [an enumerated felony]” because no instructions on felony murder or aiding and abetting were given to the jury and defendant was not charged with an enumerated felony. (§ 189, subd. (a), (e).) This includes analysis of whether defendant was a major

12025–2025
Sierra Switchboard Co. v. Westinghouse Electric Corporation green
ca9 · 1986
1 sentence

2023(Sierra Switchboard Co. v. Westinghouse Electric Corp. (9th Cir. 1986) 789 F.2d 705 , 708-709.) The trustee in the bankruptcy, who is the representative of the bankrupt estate, automatically succeeds to all causes of action held by the debtor at the 9 time the bankruptcy petition was filed.

12023–2023
People v. Beltran green
cal · 2013
1 sentence

2022This includes the principle, directly responsive to the jury’s question, that it is not enough that Gilbert’s own emotions were aroused to the point that he acted out of passion, since he “is not allowed to set up his own standard of conduct.” Rather, the jury’s job is to decide “whether a 13 person of average disposition, in the same situation and knowing the same facts, would have reacted from passion rather than judgment.” This portion of its instructions is entirely consistent with the “venerable understanding” that “[p]rovocation is adequate only when it would render an ordinary person of

12022–2022
Pesticide Action Network N. Am. v. Cal. Dep't of Pesticide Regulation green
calctapp5d · 2017
1 sentence

2022(PANNA, supra, 16 Cal.App.5th at pp. 249-250.) This includes an analysis of each rodenticide’s prevalence, toxicity, effect on non-target wildlife, and the effect of its interaction with other rodenticides (like brodifacoum) on non-target wildlife.

12022–2022
People v. Sedeno green
cal · 1974
1 sentence

2021(People v. Sedeno (1974) 10 Cal.3d 703, 715 , overruled on another ground by People v. Breverman (1998) 19 Cal.4th 142, 163 .) We review the legal adequacy of an instruction de novo.

12021–2021
Roy Brothers Drilling Co. v. Jones green
calctapp · 1981
1 sentence

2021Code, § 702, subd. (a).) The declarant, in showing his or her competency, must do more than make a conclusory statement to that effect; he or she must “allege facts showing his [or her] competence.” (Roy Brothers Drilling Co. v. Jones (1981) 123 Cal.App.3d 175, 182 .) The trial court concluded that Davey did not have personal knowledge as to whether child support pursuant to the judgment had been paid by Graham.

12021–2021
Bozzi v. NORDSTROM, INC. green
calctapp · 2010
1 sentence

2021And, of course, why [Davey’s] mother didn’t pursue anything over the past 40-plus years.” 8 102 Cal.App.4th 977, 981 [summary judgment may not be defeated by “mere speculation and conjecture, but instead [the opponent of the motion] must produce admissible evidence raising a triable issue of fact”].) This includes the requirement that declarations “show the declarant’s personal knowledge and competency to testify, state facts and not just conclusions, and not include inadmissible hearsay or opinion.” (Bozzi v. Nordstrom, Inc. (2010) 186 Cal.App.4th 755, 761 ; see also Evid.

12021–2021
People v. Watson green
cal · 1956
1 sentence

2016(People v. Breverman (1998) 19 Cal.4th 142, 148-149, 154 (Breverman).) Instruction on a lesser included offense is required whenever evidence that the defendant is guilty only of the lesser offense is “ ‘ “substantial enough to merit [the jury’s] 11 consideration.” ’ ” (People v. Taylor (2010) 48 Cal.4th 574, 623 (Taylor), quoting Breverman, supra, at p. 162 .) This substantial evidence requirement is met by “ ‘ “evidence from which a [reasonable] jury . . . could . . . conclude[]” ’ that the lesser offense, but not the greater, was committed.” ( Breverman, supra, at p. 162 .) “In deciding whe

12016–2016
People v. Kinman green
calctapp · 1955
1 sentence

2015(People v. Breverman (1998) 19 Cal.4th 142, 148-149, 154 (Breverman).) Instruction on a lesser included offense is required whenever evidence that the defendant is guilty only of the lesser offense is “ ‘ “substantial enough to merit [the jury’s] consideration.” ’ ” (People v. Taylor (2010) 48 Cal.4th 574, 623 (Taylor), quoting Breverman, supra, 19 Cal.4th at p. 162 .) This substantial evidence requirement is met by “ ‘ “evidence from which a [reasonable] jury . . . could . . . conclude[]” ’ that the lesser offense, but not the greater, was committed.” (Breverman, at p. 162.) “[T]he use of han

12015–2015
Howard v. Drapkin green
calctapp · 1990
1 sentence

2014For instance, in Howard v. Drapkin (1990) 222 Cal.App.3d 843 , a husband and wife stipulated that Dr. Drapkin would provide services as an independent psychologist, evaluate the facts and circumstances, and render nonbinding findings and recommendations in a child custody dispute.

12014–2014
Evans v. CENTERSTONE DEVELOPMENT CO. green
calctapp · 2005
12013–2013
Bianco v. California Highway Patrol green
calctapp · 1994
12013–2013
United States v. Floyd Masterson green
ca9 · 1976
11979–1979

Statutes the citing opinions construe

CA § Cal. Evidence Code § 353 (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

TX 25 (1997–2024) CA 20 (1979–2026) PA 16 (1936–2026) GA 15 (1976–2016) MI 12 (1997–2026) NC 12 (2004–2025) OH 10 (1991–2024) WA 10 (2002–2018) IN 9 (1904–2026) MO 8 (1975–2008) NJ 7 (1965–2025) NY 6 (1978–2024) NM 5 (1965–2022) IA 5 (1988–2022) SD 4 (1962–2024) TN 4 (1997–2016) CT 3 (1991–2023) IL 3 (2020–2025) KY 3 (1931–2016) NV 2 (1983–2013) AR 2 (2002–2003) NE 2 (1992–2017) VT 2 (2011–2011) MN 2 (2015–2015) ME 2 (2001–2025) CO 2 (2001–2015) MA 2 (2008–2026) HI 2 (2009–2017) UT 2 (2014–2017)

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