19 California opinions name it 3 courts 1956–2023 7 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. Peccigreen2 sentences2022(See In re Jovan B. (1993) 6 Cal.4th 801, 816, fn. 10 [“Several modern decisions have applied the Palermo rule, but none have done so without regard to other indicia of legislative intent.”]; Lee, supra, 81 Cal.App.5th at p. 241 [Palermo rule is not mechanically applied]; People v. Pecci (1999) 72 Cal.App.4th 1500, 1505 [“the Palermo rule is not to be applied in a vacuum”]; see also People v. Cornett (2012) 53 Cal.4th 1261, 1271 [“ ‘ “[A] rule of construction . . . is not a straitjacket.” ’ ”]; Woodbury v. Brown- Dempsey (2003) 108 Cal.App.4th 421, 432 [“Rules of statutory construction are not 2022(See In re Jovan B. (1993) 6 Cal.4th 801, 816, fn. 10 [“Several modern decisions have applied the Palermo rule, but none have done so without regard to other indicia of legislative intent.”]; Lee, supra, 81 Cal.App.5th at p. 241 [Palermo rule is not mechanically applied]; People v. Pecci (1999) 72 Cal.App.4th 1500, 1505 [“the Palermo rule is not to be applied in a vacuum”]; see also People v. Cornett (2012) 53 Cal.4th 1261, 1271 [“ ‘ “[A] rule of construction . . . is not a straitjacket.” ’ ”]; Woodbury v. Brown- Dempsey (2003) 108 Cal.App.4th 421, 432 [“Rules of statutory construction are not | 8 | 10 |
People v. Jovan B.green2 sentences2023We have observed that “[s]everal modern decisions have applied the Palermo rule, but none have done so without regard to other indicia of legislative intent.” (In re Jovan B. (1993) 6 Cal.4th 801, 816, fn. 10 (Jovan B.); see id. at p. 816 [“ ‘the determining factor will be . . . legislative intent’ ”].) Our application of the Palermo rule in Jovan B. is instructive. 2023We have observed that “[s]everal modern decisions have applied the Palermo rule, but none have done so without regard to other indicia of legislative intent.” (In re Jovan B. (1993) 6 Cal.4th 801, 816, fn. 10 (Jovan B.); see id. at p. 816 [“ ‘the determining factor will be . . . legislative intent’ ”].) Our application of the Palermo rule in Jovan B. is instructive. | 6 | 10 |
In Re Oluwagreen2 sentences2023But they argue that “ ‘where a statute 23 adopts by specific reference the provisions of another statute . . . such provisions are incorporated in the form in which they exist at the time of the reference and not as subsequently modified.’ ” (Palermo v. Stockton Theatres, Inc. (1948) 32 Cal.2d 53 , 58–59 (Palermo); see also In re Oluwa (1989) 207 Cal.App.3d 439, 445 [applying Palermo in the context of a statutory amendment to a voter initiative]; People v. Kelly (2010) 47 Cal.4th 1008 , 1048–1049 [same].) Based on this rule, known as the Palermo rule, the People contend that by incorporating t 2023But they argue that “ ‘where a statute 23 adopts by specific reference the provisions of another statute . . . such provisions are incorporated in the form in which they exist at the time of the reference and not as subsequently modified.’ ” (Palermo v. Stockton Theatres, Inc. (1948) 32 Cal.2d 53 , 58–59 (Palermo); see also In re Oluwa (1989) 207 Cal.App.3d 439, 445 [applying Palermo in the context of a statutory amendment to a voter initiative]; People v. Kelly (2010) 47 Cal.4th 1008 , 1048–1049 [same].) Based on this rule, known as the Palermo rule, the People contend that by incorporating t | 4 | 6 |
People v. Domagalskigreen2 sentences2023(Domagalski, supra, 214 Cal.App.3d at p. 1386 .) We endorsed the latter point in Jovan B., including Domagalski among other “modern decisions” that “have applied the Palermo rule” while noting that “none have done so without regard to other indicia of legislative intent.” (Jovan B., supra, 6 Cal.4th at p. 816, fn. 10 .) Domagalski is consistent with our analysis above. 23 PEOPLE v. ROJAS Opinion of the Court by Liu, J. 2023(Domagalski, supra, 214 Cal.App.3d at p. 1386 .) We endorsed the latter point in Jovan B., including Domagalski among other “modern decisions” that “have applied the Palermo rule” while noting that “none have done so without regard to other indicia of legislative intent.” (Jovan B., supra, 6 Cal.4th at p. 816, fn. 10 .) Domagalski is consistent with our analysis above. 23 PEOPLE v. ROJAS Opinion of the Court by Liu, J. | 2 | 5 |
People v. Frawleygreen2 sentences2006(Ibid.; see also People v. Frawley (2000) 82 Cal.App.4th 784, 794 [ 98 Cal.Rptr.2d 555 ] [Palermo rule not applied categorically]; People v. Pecci (1999) 72 Cal.App.4th 1500, 1505 [ 86 Cal.Rptr.2d 43 ] [“the Palermo rule is not to be applied in a vacuum. 2006(Ibid.; see also People v. Frawley (2000) 82 Cal.App.4th 784, 794 [ 98 Cal.Rptr.2d 555 ] [Palermo rule not applied categorically]; People v. Pecci (1999) 72 Cal.App.4th 1500, 1505 [ 86 Cal.Rptr.2d 43 ] [“the Palermo rule is not to be applied in a vacuum. | 2 | 3 |
Woodbury v. Brown-Dempseygreen2 sentences2022(See In re Jovan B. (1993) 6 Cal.4th 801, 816, fn. 10 [“Several modern decisions have applied the Palermo rule, but none have done so without regard to other indicia of legislative intent.”]; Lee, supra, 81 Cal.App.5th at p. 241 [Palermo rule is not mechanically applied]; People v. Pecci (1999) 72 Cal.App.4th 1500, 1505 [“the Palermo rule is not to be applied in a vacuum”]; see also People v. Cornett (2012) 53 Cal.4th 1261, 1271 [“ ‘ “[A] rule of construction . . . is not a straitjacket.” ’ ”]; Woodbury v. Brown- Dempsey (2003) 108 Cal.App.4th 421, 432 [“Rules of statutory construction are not 2022(See In re Jovan B. (1993) 6 Cal.4th 801, 816, fn. 10 [“Several modern decisions have applied the Palermo rule, but none have done so without regard to other indicia of legislative intent.”]; Lee, supra, 81 Cal.App.5th at p. 241 [Palermo rule is not mechanically applied]; People v. Pecci (1999) 72 Cal.App.4th 1500, 1505 [“the Palermo rule is not to be applied in a vacuum”]; see also People v. Cornett (2012) 53 Cal.4th 1261, 1271 [“ ‘ “[A] rule of construction . . . is not a straitjacket.” ’ ”]; Woodbury v. Brown- Dempsey (2003) 108 Cal.App.4th 421, 432 [“Rules of statutory construction are not | 2 | 2 |
People v. Cornettgreen2 sentences2022(See In re Jovan B. (1993) 6 Cal.4th 801, 816, fn. 10 [“Several modern decisions have applied the Palermo rule, but none have done so without regard to other indicia of legislative intent.”]; Lee, supra, 81 Cal.App.5th at p. 241 [Palermo rule is not mechanically applied]; People v. Pecci (1999) 72 Cal.App.4th 1500, 1505 [“the Palermo rule is not to be applied in a vacuum”]; see also People v. Cornett (2012) 53 Cal.4th 1261, 1271 [“ ‘ “[A] rule of construction . . . is not a straitjacket.” ’ ”]; Woodbury v. Brown- Dempsey (2003) 108 Cal.App.4th 421, 432 [“Rules of statutory construction are not 2022(See In re Jovan B. (1993) 6 Cal.4th 801, 816, fn. 10 [“Several modern decisions have applied the Palermo rule, but none have done so without regard to other indicia of legislative intent.”]; Lee, supra, 81 Cal.App.5th at p. 241 [Palermo rule is not mechanically applied]; People v. Pecci (1999) 72 Cal.App.4th 1500, 1505 [“the Palermo rule is not to be applied in a vacuum”]; see also People v. Cornett (2012) 53 Cal.4th 1261, 1271 [“ ‘ “[A] rule of construction . . . is not a straitjacket.” ’ ”]; Woodbury v. Brown- Dempsey (2003) 108 Cal.App.4th 421, 432 [“Rules of statutory construction are not | 2 | 2 |
In Re Monigoldgreen2 sentences1989See In re Monigold (1988) 205 Cal.App.3d 1224 , In re Thompson (1988) 206 Cal.App.3d 275 , 284 and In re Oluwa (1989) 207 Cal.App.3d 439 interpreting the reference in Penal Code section 190 to article 2.5 providing for good behavior and participation credits to certain prisoners. 1989See In re Monigold (1988) 205 Cal.App.3d 1224 , In re Thompson (1988) 206 Cal.App.3d 275 , 284 and In re Oluwa (1989) 207 Cal.App.3d 439 interpreting the reference in Penal Code section 190 to article 2.5 providing for good behavior and participation credits to certain prisoners. | 1 | 1 |
Stockton Theatres, Inc. v. Palermogreen2 sentences1958The trial court granted Palermo's motion to tax costs on appeal as to this item on the ground that section 1035 of the Code of Civil Procedure did not apply at the appellate stage (Stockton Theatres, Inc. v. Palermo, 47 Cal.2d 469 [ 304 P.2d 7 ]). [fn. *] Section 1035 of the Code of Civil Procedure provides: "Whenever in this code or by other provision of law costs are allowed to a party to an action or other proceeding, such *348 costs shall include the premium on any surety bond which was procured by the party entitled to recover costs in connection with the action or proceeding unless the c 1958The trial court granted Palermo's motion to tax costs on appeal as to this item on the ground that section 1035 of the Code of Civil Procedure did not apply at the appellate stage (Stockton Theatres, Inc. v. Palermo, 47 Cal.2d 469 [ 304 P.2d 7 ]). [fn. *] Section 1035 of the Code of Civil Procedure provides: "Whenever in this code or by other provision of law costs are allowed to a party to an action or other proceeding, such *348 costs shall include the premium on any surety bond which was procured by the party entitled to recover costs in connection with the action or proceeding unless the c | 1 | 1 |
Stockton Theaters, Inc. v. Palermogreen2 sentences1956It will be recalled that the District Court of Appeal in Stockton Theaters, Inc. v. Palermo, 109 Cal.App.2d 616, 619 [ 241 P.2d 54 ], held that section 946 of the Code of Civil Procedure had no application to a- situation where a plaintiff who has recovered a smaller amount than that sued for, appeals from the judgment to an appellate court. 1956It will be recalled that the District Court of Appeal in Stockton Theaters, Inc. v. Palermo, 109 Cal.App.2d 616, 619 [ 241 P.2d 54 ], held that section 946 of the Code of Civil Procedure had no application to a- situation where a plaintiff who has recovered a smaller amount than that sued for, appeals from the judgment to an appellate court. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in California. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Palermo v. Stockton Theatres, Inc.
green
2 sentences2023But they argue that “ ‘where a statute 23 adopts by specific reference the provisions of another statute . . . such provisions are incorporated in the form in which they exist at the time of the reference and not as subsequently modified.’ ” (Palermo v. Stockton Theatres, Inc. (1948) 32 Cal.2d 53 , 58–59 (Palermo); see also In re Oluwa (1989) 207 Cal.App.3d 439, 445 [applying Palermo in the context of a statutory amendment to a voter initiative]; People v. Kelly (2010) 47 Cal.4th 1008 , 1048–1049 [same].) Based on this rule, known as the Palermo rule, the People contend that by incorporating t 2023But they argue that “ ‘where a statute 23 adopts by specific reference the provisions of another statute . . . such provisions are incorporated in the form in which they exist at the time of the reference and not as subsequently modified.’ ” (Palermo v. Stockton Theatres, Inc. (1948) 32 Cal.2d 53 , 58–59 (Palermo); see also In re Oluwa (1989) 207 Cal.App.3d 439, 445 [applying Palermo in the context of a statutory amendment to a voter initiative]; People v. Kelly (2010) 47 Cal.4th 1008 , 1048–1049 [same].) Based on this rule, known as the Palermo rule, the People contend that by incorporating t | 4 | 2022–2023 |
People v. Anderson
green
2 sentences2023(See, e.g., In re Jovan B. (1993) 6 Cal.4th 801, 816, fn. 10 [“Several modern decisions have applied the Palermo rule, but none have done so without regard to other indicia of legislative intent.”]; Lee, supra, 81 Cal.App.5th at p. 241 [Palermo rule is not mechanically applied].) In Palermo itself, our high court set forth an equally significant rule: “ ‘[W]here the reference is general instead of specific, such as a reference to a system or body of laws or to the general law relating to the subject in hand, the referring statute takes the law or laws referred to not only in their contemporary 2023(See, e.g., In re Jovan B. (1993) 6 Cal.4th 801, 816, fn. 10 [“Several modern decisions have applied the Palermo rule, but none have done so without regard to other indicia of legislative intent.”]; Lee, supra, 81 Cal.App.5th at p. 241 [Palermo rule is not mechanically applied].) In Palermo itself, our high court set forth an equally significant rule: “ ‘[W]here the reference is general instead of specific, such as a reference to a system or body of laws or to the general law relating to the subject in hand, the referring statute takes the law or laws referred to not only in their contemporary | 3 | 2022–2023 |
Doe v. Saenz
green
2 sentences2022(Doe v. Saenz, supra, 140 Cal.App.4th at p. 981 , quoting Jovan B., at p. 816; accord, People v. Nash, supra, 52 Cal.App.5th at p. 1062; People v. Fong (2013) 217 Cal.App.4th 263, 267 ; People v. Frawley (2000) 82 Cal.App.4th 784, 794 .) “[T]he question turns on legislative intent in light of all relevant evidence.” (Frawley, at p. 794.) We therefore conclude the dispositive inquiry is the intent of the Proposition 21 electorate. 2022(Doe v. Saenz, supra, 140 Cal.App.4th at p. 981 , quoting Jovan B., at p. 816; accord, People v. Nash, supra, 52 Cal.App.5th at p. 1062; People v. Fong (2013) 217 Cal.App.4th 263, 267 ; People v. Frawley (2000) 82 Cal.App.4th 784, 794 .) “[T]he question turns on legislative intent in light of all relevant evidence.” (Frawley, at p. 794.) We therefore conclude the dispositive inquiry is the intent of the Proposition 21 electorate. | 3 | 2022–2022 |
People v. Van Buren
green
2 sentences2016Either it "specifically" refers to section 11379 because it expressly designates it as "11379," or it "generally" refers to a list of controlled substances offenses, i.e., "a system or body of laws" governing drug offenses. ( Ibid . ) Where, as here, the words of the referring statutes do not make clear whether it contemplates a "time-specific incorporation," the determining factor is legislative intent. ( In re Jovan B. (1993) 6 Cal.4th 801 , 816, 25 Cal.Rptr.2d 428 , 863 P.2d 673 .) We do not apply Palermo "in a vacuum." ( People v. Pecci (1999) 72 Cal.App.4th 1500 , 1505, 86 Cal.Rptr.2d 43 2016Either it "specifically" refers to section 11379 because it expressly designates it as "11379," or it "generally" refers to a list of controlled substances offenses, i.e., "a system or body of laws" governing drug offenses. ( Ibid . ) Where, as here, the words of the referring statutes do not make clear whether it contemplates a "time-specific incorporation," the determining factor is legislative intent. ( In re Jovan B. (1993) 6 Cal.4th 801 , 816, 25 Cal.Rptr.2d 428 , 863 P.2d 673 .) We do not apply Palermo "in a vacuum." ( People v. Pecci (1999) 72 Cal.App.4th 1500 , 1505, 86 Cal.Rptr.2d 43 | 2 | 2016–2017 |
People v. Kirk
green
2 sentences1999The application of the Palermo rule allowed the court in Kirk to give the statute a "`reasonable and common sense construction in accordance with its apparent purpose and the intent of the Legislature.'" ( People v. Kirk, 217 Cal.App.3d at pp. 1498-1499, 267 Cal.Rptr. 126 .) And so it does here. 1999The application of the Palermo rule allowed the court in Kirk to give the statute a "`reasonable and common sense construction in accordance with its apparent purpose and the intent of the Legislature.'" ( People v. Kirk, 217 Cal.App.3d at pp. 1498-1499, 267 Cal.Rptr. 126 .) And so it does here. | 2 | 1999–1999 |
People v. Kelly
green
2 sentences2023But they argue that “ ‘where a statute 23 adopts by specific reference the provisions of another statute . . . such provisions are incorporated in the form in which they exist at the time of the reference and not as subsequently modified.’ ” (Palermo v. Stockton Theatres, Inc. (1948) 32 Cal.2d 53 , 58–59 (Palermo); see also In re Oluwa (1989) 207 Cal.App.3d 439, 445 [applying Palermo in the context of a statutory amendment to a voter initiative]; People v. Kelly (2010) 47 Cal.4th 1008 , 1048–1049 [same].) Based on this rule, known as the Palermo rule, the People contend that by incorporating t 2023But they argue that “ ‘where a statute 23 adopts by specific reference the provisions of another statute . . . such provisions are incorporated in the form in which they exist at the time of the reference and not as subsequently modified.’ ” (Palermo v. Stockton Theatres, Inc. (1948) 32 Cal.2d 53 , 58–59 (Palermo); see also In re Oluwa (1989) 207 Cal.App.3d 439, 445 [applying Palermo in the context of a statutory amendment to a voter initiative]; People v. Kelly (2010) 47 Cal.4th 1008 , 1048–1049 [same].) Based on this rule, known as the Palermo rule, the People contend that by incorporating t | 1 | 2023–2023 |
The People v. Fong
green
2 sentences2022(Doe v. Saenz, supra, 140 Cal.App.4th at p. 981 , quoting Jovan B., at p. 816; accord, People v. Nash, supra, 52 Cal.App.5th at p. 1062; People v. Fong (2013) 217 Cal.App.4th 263, 267 ; People v. Frawley (2000) 82 Cal.App.4th 784, 794 .) “[T]he question turns on legislative intent in light of all relevant evidence.” (Frawley, at p. 794.) We therefore conclude the dispositive inquiry is the intent of the Proposition 21 electorate. 2022(Doe v. Saenz, supra, 140 Cal.App.4th at p. 981 , quoting Jovan B., at p. 816; accord, People v. Nash, supra, 52 Cal.App.5th at p. 1062; People v. Fong (2013) 217 Cal.App.4th 263, 267 ; People v. Frawley (2000) 82 Cal.App.4th 784, 794 .) “[T]he question turns on legislative intent in light of all relevant evidence.” (Frawley, at p. 794.) We therefore conclude the dispositive inquiry is the intent of the Proposition 21 electorate. | 1 | 2022–2022 |
People v. McGee
green
2 sentences1989In People v. McGee (1977) 19 Cal.3d 948 Welfare & Institutions Code section 11483 defined the offense of welfare fraud and the court had previously held that restitution must be sought before bringing a criminal action under that section. 1989In People v. McGee (1977) 19 Cal.3d 948 Welfare & Institutions Code section 11483 defined the offense of welfare fraud and the court had previously held that restitution must be sought before bringing a criminal action under that section. | 1 | 1989–1989 |
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.