application of the equitable doctrine in California

18 California opinions name it 2 courts 1914–2014 0 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 (10)

Case	Followed	Cited
State of California v. Levi Strauss & Co.green cal · 1986 · cited in 5 California opinions naming this issue, 1995–2008 2 sentences 2008“The term ‘fluid recovery’ refers to the application of the equitable doctrine of cy pres in the context of a modem class action.” (Granberry v. Islay Investments (1995) 9 Cal.4th 738, 750, fn. 7 [ 38 Cal.Rptr.2d 650 , 889 P.2d 970 ], citing State of California v. Levi Strauss & Co. (1986) 41 Cal.3d 460, 472 [ 224 Cal.Rptr. 605 , 715 P.2d 564 ] (Levi Strauss).) “Cy pres derives from the Norman French cy pres comme possible, literally, ‘as near as possible.’ ” (Microsoft I-V, supra, 135 Cal.App.4th at p. 716, fn. 8 .) “ ‘Where compliance with the literal terms of a charitable trust became impos 2008“The term ‘fluid recovery’ refers to the application of the equitable doctrine of cy pres in the context of a modem class action.” (Granberry v. Islay Investments (1995) 9 Cal.4th 738, 750, fn. 7 [ 38 Cal.Rptr.2d 650 , 889 P.2d 970 ], citing State of California v. Levi Strauss & Co. (1986) 41 Cal.3d 460, 472 [ 224 Cal.Rptr. 605 , 715 P.2d 564 ] (Levi Strauss).) “Cy pres derives from the Norman French cy pres comme possible, literally, ‘as near as possible.’ ” (Microsoft I-V, supra, 135 Cal.App.4th at p. 716, fn. 8 .) “ ‘Where compliance with the literal terms of a charitable trust became impos	4	5
Granberry v. Islay Investmentsgreen cal · 1995 · cited in 3 California opinions naming this issue, 2005–2008 2 sentences 2008“The term ‘fluid recovery’ refers to the application of the equitable doctrine of cy pres in the context of a modem class action.” (Granberry v. Islay Investments (1995) 9 Cal.4th 738, 750, fn. 7 [ 38 Cal.Rptr.2d 650 , 889 P.2d 970 ], citing State of California v. Levi Strauss & Co. (1986) 41 Cal.3d 460, 472 [ 224 Cal.Rptr. 605 , 715 P.2d 564 ] (Levi Strauss).) “Cy pres derives from the Norman French cy pres comme possible, literally, ‘as near as possible.’ ” (Microsoft I-V, supra, 135 Cal.App.4th at p. 716, fn. 8 .) “ ‘Where compliance with the literal terms of a charitable trust became impos 2008“The term ‘fluid recovery’ refers to the application of the equitable doctrine of cy pres in the context of a modem class action.” (Granberry v. Islay Investments (1995) 9 Cal.4th 738, 750, fn. 7 [ 38 Cal.Rptr.2d 650 , 889 P.2d 970 ], citing State of California v. Levi Strauss & Co. (1986) 41 Cal.3d 460, 472 [ 224 Cal.Rptr. 605 , 715 P.2d 564 ] (Levi Strauss).) “Cy pres derives from the Norman French cy pres comme possible, literally, ‘as near as possible.’ ” (Microsoft I-V, supra, 135 Cal.App.4th at p. 716, fn. 8 .) “ ‘Where compliance with the literal terms of a charitable trust became impos	3	3
National Bank of San Mateo v. Whitneygreen cal · 1919 · cited in 2 California opinions naming this issue, 1923–1924 2 sentences 1924Code, sec. 3543; National Bank of San Mateo v. Whitney, 181 Cal. 202, 205 [8 L. 1923Code, see. 3543; National Bank of San Mateo v. Whitney, 181 Cal. 202, 205 [8 A. L.	2	2
In Re Microsoft I-V Casesgreen calctapp · 2006 · cited in 1 California opinions naming this issue, 2008–2008 1 sentence 2008“The term ‘fluid recovery’ refers to the application of the equitable doctrine of cy pres in the context of a modem class action.” (Granberry v. Islay Investments (1995) 9 Cal.4th 738, 750, fn. 7 [ 38 Cal.Rptr.2d 650 , 889 P.2d 970 ], citing State of California v. Levi Strauss & Co. (1986) 41 Cal.3d 460, 472 [ 224 Cal.Rptr. 605 , 715 P.2d 564 ] (Levi Strauss).) “Cy pres derives from the Norman French cy pres comme possible, literally, ‘as near as possible.’ ” (Microsoft I-V, supra, 135 Cal.App.4th at p. 716, fn. 8 .) “ ‘Where compliance with the literal terms of a charitable trust became impos	1	1
In Re Morsegreen cal · 1995 · cited in 1 California opinions naming this issue, 2000–2000 2 sentences 2000(See, e.g., Estate of Hinckley (1881) 58 Cal. 457, 512 [declaring that “in the general devolution upon the Courts of this State of all judicial power, with respect to charities, is included in the power cy pres”]; Estate of Tarrant, supra, at p. 49 [gift earmarked for nonexistent railway pension fund directed under cy pres to nonprofit corporation benefiting railway employees]; In re Morse (1995) 11 Cal.4th 184, 210-212 [ 44 Cal.Rptr.2d 620 , 900 P.2d 1170 ] [ordering that attorney who mass-mailed misleading advertisements about homesteading pay $170,000 “cy pres restitution” to consumer prote 2000(See, e.g., Estate of Hinckley (1881) 58 Cal. 457, 512 [declaring that “in the general devolution upon the Courts of this State of all judicial power, with respect to charities, is included in the power cy pres”]; Estate of Tarrant, supra, at p. 49 [gift earmarked for nonexistent railway pension fund directed under cy pres to nonprofit corporation benefiting railway employees]; In re Morse (1995) 11 Cal.4th 184, 210-212 [ 44 Cal.Rptr.2d 620 , 900 P.2d 1170 ] [ordering that attorney who mass-mailed misleading advertisements about homesteading pay $170,000 “cy pres restitution” to consumer prote	1	1
Estate of Tarrantgreen cal · 1951 · cited in 1 California opinions naming this issue, 2000–2000 2 sentences 2000But “fluid recovery,” as the majority acknowledges, is simply a term California courts have sometimes adopted when referring to “ ‘the application of the equitable doctrine of cy pres in the context of a modem class action.’ ” (Maj. opn., ante, at p. 127; accord, Levi Strauss, supra, 41 Cal.3d at p. 472 .) Interchangeably, we have used the term “fluid distribution.” (See Levi Strauss, supra, at p. 474 .) The cy pres doctrine originated in the common law of charitable trusts: “Where compliance with the literal terms of a charitable trust became impossible, the funds would be put to ‘the next be 2000But “fluid recovery,” as the majority acknowledges, is simply a term California courts have sometimes adopted when referring to “ ‘the application of the equitable doctrine of cy pres in the context of a modem class action.’ ” (Maj. opn., ante, at p. 127; accord, Levi Strauss, supra, 41 Cal.3d at p. 472 .) Interchangeably, we have used the term “fluid distribution.” (See Levi Strauss, supra, at p. 474 .) The cy pres doctrine originated in the common law of charitable trusts: “Where compliance with the literal terms of a charitable trust became impossible, the funds would be put to ‘the next be	1	1
Estate of Hinckleygreen · 1881 · cited in 1 California opinions naming this issue, 2000–2000 2 sentences 2000(See, e.g., Estate of Hinckley (1881) 58 Cal. 457, 512 [declaring that "in the general devolution upon the Courts of this State of all judicial power, with respect to charities, is included in the power cy pres "]; Estate of Tarrant, supra, at p. 49 , 237 P.2d 505 [gift earmarked for nonexistent railway pension fund directed under cy près to nonprofit corporation benefiting railway employees]; In re Morse (1995) 11 Cal.4th 184, 210-212 , 44 Cal.Rptr.2d 620 , 900 P.2d 1170 [ordering that attorney who mass-mailed misleading advertisements about homesteading pay $170,000 "cy près restitution" to 2000(See, e.g., Estate of Hinckley (1881) 58 Cal. 457, 512 [declaring that “in the general devolution upon the Courts of this State of all judicial power, with respect to charities, is included in the power cy pres”]; Estate of Tarrant, supra, at p. 49 [gift earmarked for nonexistent railway pension fund directed under cy pres to nonprofit corporation benefiting railway employees]; In re Morse (1995) 11 Cal.4th 184, 210-212 [ 44 Cal.Rptr.2d 620 , 900 P.2d 1170 ] [ordering that attorney who mass-mailed misleading advertisements about homesteading pay $170,000 “cy pres restitution” to consumer prote	1	1
Witt v. Jacksongreen cal · 1961 · cited in 1 California opinions naming this issue, 1975–1975 2 sentences 1975(Cf. Witt v. Jackson (1961) 57 Cal.2d 57, 72 [ 17 Cal.Rptr. 369 , 366 P.2d 641 ].) Both the directive to assess a reasonable fee and the mandate to consider the benefit to both active and passive beneficiaries of the recovery call for apportionment. 1975(Cf. Witt v. Jackson (1961) 57 Cal.2d 57, 72 [ 17 Cal.Rptr. 369 , 366 P.2d 641 ].) Both the directive to assess a reasonable fee and the mandate to consider the benefit to both active and passive beneficiaries of the recovery call for apportionment.	1	1
Trail v. Firthgreen cal · 1921 · cited in 1 California opinions naming this issue, 1958–1958 2 sentences 1958Generally, the running of an applicable statute of limitations will also bar equitable relief. (2 Pomeroy, Equity Jurisprudence, 174, § 419b (5th ed. 1941); 18 Cal.Jur.2d 208-209, § 39.) As stated in Trail v. Firth, 186 Cal. 68, 69-70 [ 198 P. 1033 ] : “Laches or no laches, an action not brought within the statutory period is barred, unless the case falls within some exception which the statute itself makes, or because of waiver or estoppel it is not open to the defendant to make the defense.” (See 18 Cal.Jur.2d 208, § 39.) Plaintiffs cannot rightfully assert that they were denied any 29 decl 1958Generally, the running of an applicable statute of limitations will also bar equitable relief. (2 Pomeroy, Equity Jurisprudence, 174, § 419b (5th ed. 1941); 18 Cal.Jur.2d 208-209, § 39.) As stated in Trail v. Firth, 186 Cal. 68, 69-70 [ 198 P. 1033 ] : “Laches or no laches, an action not brought within the statutory period is barred, unless the case falls within some exception which the statute itself makes, or because of waiver or estoppel it is not open to the defendant to make the defense.” (See 18 Cal.Jur.2d 208, § 39.) Plaintiffs cannot rightfully assert that they were denied any 29 decl	1	1
Bank of America v. Pacific Ready-Cut Homes, Inc.green calctapp · 1932 · cited in 1 California opinions naming this issue, 1951–1951 2 sentences 1951(Bank of America v. Pacific Ready-Cut Homes, 122 Cal. App. 554, 561 [ 10 P.2d 478 ].) Judgment affirmed. 1951(Bank of America v. Pacific Ready-Cut Homes, 122 Cal. App. 554, 561 [ 10 P.2d 478 ].) Judgment affirmed.	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in California. Read the followed side critically anyway.

Also cited on this issue (15)

Case	Cited	Years
Kraus v. Trinity Management Services, Inc. green cal · 2000 2 sentences 2000But "fluid recovery," as the majority acknowledges, is simply a term California courts have sometimes adopted when referring to "`the application of the equitable doctrine of cy près in the context of a modern class action.'" (Maj. opn., ante, 96 Cal.Rptr.2d at p. 492 , 999 P.2d at p. 725 ; accord, Levi Strauss, supra, 41 Cal.3d at p. 472, 224 Cal.Rptr. 605 , 715 P.2d 564 .) Interchangeably, we have used the term "fluid distribution." (See Levi Strauss, supra, at p. 474 , 224 Cal.Rptr. 605 , 715 P.2d 564 .) The cy près doctrine originated in the common law of charitable trusts: "Where complian 2000But "fluid recovery," as the majority acknowledges, is simply a term California courts have sometimes adopted when referring to "`the application of the equitable doctrine of cy près in the context of a modern class action.'" (Maj. opn., ante, 96 Cal.Rptr.2d at p. 492 , 999 P.2d at p. 725 ; accord, Levi Strauss, supra, 41 Cal.3d at p. 472, 224 Cal.Rptr. 605 , 715 P.2d 564 .) Interchangeably, we have used the term "fluid distribution." (See Levi Strauss, supra, at p. 474 , 224 Cal.Rptr. 605 , 715 P.2d 564 .) The cy près doctrine originated in the common law of charitable trusts: "Where complian	2	2000–2005
Estate of Swanson green calctapp · 1959 2 sentences 1962Furthermore, the instant case does not present a proper situation for the application of the equitable principle relied on by the appellant (Estate of Swanson, 171 Cal.App.2d 437 [ 340 P.2d 695 ]). 1962Furthermore, the instant case does not present a proper situation for the application of the equitable principle relied on by the appellant (Estate of Swanson, 171 Cal.App.2d 437 [ 340 P.2d 695 ]).	2	1962–1962
Quinn v. State of California green cal · 1975 1 sentence 2014(Quinn, supra, 15 Cal.3d at p. 170 .) Quinn explained that recovering compensation benefits from a third party is a compensation benefit cost to be borne by the employer; accordingly, section 3856 could not be construed so that the employee would bear that cost.	1	2014–2014
In Re Vitamin Cases green calctapp · 2003 1 sentence 2008“The term ‘fluid recovery’ refers to the application of the equitable doctrine of cy pres in the context of a modem class action.” (Granberry v. Islay Investments (1995) 9 Cal.4th 738, 750, fn. 7 [ 38 Cal.Rptr.2d 650 , 889 P.2d 970 ], citing State of California v. Levi Strauss & Co. (1986) 41 Cal.3d 460, 472 [ 224 Cal.Rptr. 605 , 715 P.2d 564 ] (Levi Strauss).) “Cy pres derives from the Norman French cy pres comme possible, literally, ‘as near as possible.’ ” (Microsoft I-V, supra, 135 Cal.App.4th at p. 716, fn. 8 .) “ ‘Where compliance with the literal terms of a charitable trust became impos	1	2008–2008
Brown v. Great Northern Railway Co. green cal · 1951 1 sentence 2000But “fluid recovery,” as the majority acknowledges, is simply a term California courts have sometimes adopted when referring to “ ‘the application of the equitable doctrine of cy pres in the context of a modem class action.’ ” (Maj. opn., ante, at p. 127; accord, Levi Strauss, supra, 41 Cal.3d at p. 472 .) Interchangeably, we have used the term “fluid distribution.” (See Levi Strauss, supra, at p. 474 .) The cy pres doctrine originated in the common law of charitable trusts: “Where compliance with the literal terms of a charitable trust became impossible, the funds would be put to ‘the next be	1	2000–2000
Moreno v. Venturini green calctapp · 1969 2 sentences 1975Other factors may suggest themselves to the sound discretion of the courts, acting always under the guidance of the traditional equitable principles whose application we have examined above. 19 From the foregoing it appears that Fuchs v. Western Oil Fields Supply (1972) 25 Cal.App.3d 728 [ 102 Cal.Rptr. 74 ], and Moreno v. Venturini (1969) 1 Cal.App.3d 286 [ 81 Cal.Rptr. 551 ], which reached constructions of an analogous statute contrary to that here announced, are disapproved. 20 In conclusion, we point out that the employer asks us to abnegate the application of the equitable principle of ap 1975Other factors may suggest themselves to the sound discretion of the courts, acting always under the guidance of the traditional equitable principles whose application we have examined above. 19 From the foregoing it appears that Fuchs v. Western Oil Fields Supply (1972) 25 Cal.App.3d 728 [ 102 Cal.Rptr. 74 ], and Moreno v. Venturini (1969) 1 Cal.App.3d 286 [ 81 Cal.Rptr. 551 ], which reached constructions of an analogous statute contrary to that here announced, are disapproved. 20 In conclusion, we point out that the employer asks us to abnegate the application of the equitable principle of ap	1	1975–1975
Fuchs v. Western Oil Fields Supply green calctapp · 1972 2 sentences 1975Other factors may suggest themselves to the sound discretion of the courts, acting always under the guidance of the traditional equitable principles whose application we have examined above. 19 From the foregoing it appears that Fuchs v. Western Oil Fields Supply (1972) 25 Cal.App.3d 728 [ 102 Cal.Rptr. 74 ], and Moreno v. Venturini (1969) 1 Cal.App.3d 286 [ 81 Cal.Rptr. 551 ], which reached constructions of an analogous statute contrary to that here announced, are disapproved. 20 In conclusion, we point out that the employer asks us to abnegate the application of the equitable principle of ap 1975Other factors may suggest themselves to the sound discretion of the courts, acting always under the guidance of the traditional equitable principles whose application we have examined above. 19 From the foregoing it appears that Fuchs v. Western Oil Fields Supply (1972) 25 Cal.App.3d 728 [ 102 Cal.Rptr. 74 ], and Moreno v. Venturini (1969) 1 Cal.App.3d 286 [ 81 Cal.Rptr. 551 ], which reached constructions of an analogous statute contrary to that here announced, are disapproved. 20 In conclusion, we point out that the employer asks us to abnegate the application of the equitable principle of ap	1	1975–1975
Estate of Bullock green calctapp · 1955 2 sentences 1962An allowance of attorneys' fees for one party to be charged on the general fund is justified only where the other parties have stood without counsel and would reap the benefits of the services rendered by the attorney conducting the proceedings ( Estate of Bullock, 133 Cal.App.2d 542 , 547 [ 284 P.2d 960 ]). [13] Appellant next contends that the trial court's award of extraordinary fees for the sale of real property and stocks was so grossly inadequate as to constitute an abuse of discretion. 1962An allowance of attorneys' fees for one party to be charged on the general fund is justified only where the other parties have stood without counsel and would reap the benefits of the services rendered by the attorney conducting the proceedings ( Estate of Bullock, 133 Cal.App.2d 542 , 547 [ 284 P.2d 960 ]). [13] Appellant next contends that the trial court's award of extraordinary fees for the sale of real property and stocks was so grossly inadequate as to constitute an abuse of discretion.	1	1962–1962
People v. Wilbur green calctapp · 1917 1 sentence 1951As was said in Krobitzsch v. Middleton, 12 Cal.App.2d 804, 815 [ 165 P.2d 729 ] : “ ‘Unless but one inference can be drawn from the evidence, waiver and estoppel are questions for the jury or the trial court. ’ ” The defendant herein failed to prove the elements essential to the application of the equitable defense of estoppel.	1	1951–1951
Glock v. Howard & Wilson Colony Co. green cal · 1898 1 sentence 1931Glock v. Howard, 123 Cal. 1 [ 69 Am.	1	1931–1931
Rollins v. McHatton green colo · 1891 1 sentence 1930While in that particular case the court held that the insured had not done all within her power to effect the change, and in fact had taken none of the steps required, the court makes the following significant observation: “ ... if it appeared that the deceased had, prior to her death, done all that lay within her power, under the circumstances by whichv she was beset, to accomplish the desired change, then, . . . the aid of a court of equity could undoubtedly be successfully availed of to enforce the writing and her iútention as expressed therein sustained by the application of the equitable	1	1930–1930
Bormann v. Hatfield neutral wash · 1917 1 sentence 1929A. 1917E, 1052, 164 Pac. 921 ]; White v. Stevenson, 144 Cal. 104 [ 77 Pac. 828 ]. *594 Respondents seek to prevent the application of the equitable doctrine in this ease because it is contended that the bank had actual notice that a well was being dug upon the property.	1	1929–1929
White v. Stevenson green cal · 1904 2 sentences 1929A. 1917E, 1052, 164 Pac. 921 ]; White v. Stevenson, 144 Cal. 104 [ 77 Pac. 828 ]. 594 Respondents seek to prevent the application of the equitable doctrine in this ease because it is contended that the bank had actual notice that a well was being dug upon the property. 1929A. 1917E, 1052, 164 Pac. 921 ]; White v. Stevenson, 144 Cal. 104 [ 77 Pac. 828 ]. 594 Respondents seek to prevent the application of the equitable doctrine in this ease because it is contended that the bank had actual notice that a well was being dug upon the property.	1	1929–1929
Gardella v. County of Amador green cal · 1913 2 sentences 1920But, as is said in Gardella v. County of Amador, 164 Cal. 555 , [ 129 Pac. 993 ] : ‘The doctrine of estoppel cannot, we think, be applied so as to validate, as against the public, grants in excess of the limited powers conferred upon the public agents who assumed to make them. ’ If the right to an easement on Santa Monica Boulevard arises solely from the provisions of the Civil Code, subject only to its ratification by the city of Los Angeles, then the city is without power to extend 238 the rights of plaintiffs either by its positive act or passive acquiescence. 1920But, as is said in Gardella v. County of Amador, 164 Cal. 555 , [ 129 Pac. 993 ] : ‘The doctrine of estoppel cannot, we think, be applied so as to validate, as against the public, grants in excess of the limited powers conferred upon the public agents who assumed to make them. ’ If the right to an easement on Santa Monica Boulevard arises solely from the provisions of the Civil Code, subject only to its ratification by the city of Los Angeles, then the city is without power to extend 238 the rights of plaintiffs either by its positive act or passive acquiescence.	1	1920–1920
Arnold v. Johnson neutral cal · 1885 2 sentences 1914The views declared in Arnold v. Johnson, 66 Cal. 402 , [ 5 Pac. 796 ], have never been receded from in this state, and we see no reason why such facts as there appeared and here appear do not bring a case fairly within the operation of the rule. 1914The views declared in Arnold v. Johnson, 66 Cal. 402 , [ 5 Pac. 796 ], have never been receded from in this state, and we see no reason why such facts as there appeared and here appear do not bring a case fairly within the operation of the rule.	1	1914–1914

Where else courts name it

PA 38 (1875–2025) CA 18 (1914–2014) NJ 12 (1950–2013) TX 12 (1920–2025) NY 12 (1891–2006) IL 9 (1878–1992) MO 8 (1907–1971) CO 4 (1986–2007) MD 4 (1874–2001) GA 4 (1941–2021) MT 4 (1934–1984) OH 4 (2006–2017) MI 4 (1978–2025) WI 3 (1898–1938) OR 3 (1980–1997) NC 3 (1928–2016) IA 2 (1898–1977) IN 2 (1866–1924) WV 2 (1914–1928) AR 2 (1914–1965) AL 2 (1926–1927) LA 2 (1962–1985)

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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