John motion (California) · Go Syfert
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John motion in California

18 California opinions name it 3 courts 1987–2026 8 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 (11)

CaseFollowedCited
People v. Watsongreen
cal · 1956 · cited in 2 California opinions naming this issue, 1987–1987
2 sentences

1987In view of the court's characterization of the children as believable, its acceptance of the basic premise of John's defense without ruling in his favor, *681 and its rejection of Dr. Corwin's most forcefully asserted conclusions, it is not reasonably probable a result more favorable to John would have been reached in the absence of the erroneous admission of the expert opinion testimony. ( People v. Watson (1956) 46 Cal.2d 818, 836 [ 299 P.2d 243 ].) The error does not require reversal.

1987In view of the court's characterization of the children as believable, its acceptance of the basic premise of John's defense without ruling in his favor, *681 and its rejection of Dr. Corwin's most forcefully asserted conclusions, it is not reasonably probable a result more favorable to John would have been reached in the absence of the erroneous admission of the expert opinion testimony. ( People v. Watson (1956) 46 Cal.2d 818, 836 [ 299 P.2d 243 ].) The error does not require reversal.

22
Wright v. City of Los Angelesgreen
calctapp · 2001 · cited in 1 California opinions naming this issue, 2023–2023
1 sentence

2023(See Wright v. City of Los Angeles, supra, 93 Cal.App.4th at p. 689 [“asserted grounds for appeal . . . that merely complain of error without presenting a coherent legal argument are deemed abandoned and unworthy of discussion”]; WFG, supra, 51 Cal.App.5th at p. 894.) 14 M.

11
Beach Colony II v. California Coastal Com.green
calctapp · 1985 · cited in 1 California opinions naming this issue, 2021–2021
1 sentence

2021(Id. at p. 640; see also Beach Colony II v. California Coastal Com. (1985) 166 Cal.App.3d 106, 112 [litigation can improve defendant’s sensitivity to rights of others affected by its actions].) “Attorney fees have consistently been awarded for the enforcement of well-defined, existing obligations.” (Press, supra, 34 Cal.3d at p. 318 .) Additionally, John’s defense of the judgment resulted in a published opinion, which “alone supports a conclusion that the result was of significant statewide public interest.” (Protect Our Water v. County of Merced (2005) 130 Cal.App.4th 488, 495, fn. 8 ; see al

11
Press v. Lucky Stores, Inc.green
cal · 1983 · cited in 1 California opinions naming this issue, 2021–2021
2 sentences

2021(Id. at p. 640; see also Beach Colony II v. California Coastal Com. (1985) 166 Cal.App.3d 106, 112 [litigation can improve defendant’s sensitivity to rights of others affected by its actions].) “Attorney fees have consistently been awarded for the enforcement of well-defined, existing obligations.” (Press, supra, 34 Cal.3d at p. 318 .) Additionally, John’s defense of the judgment resulted in a published opinion, which “alone supports a conclusion that the result was of significant statewide public interest.” (Protect Our Water v. County of Merced (2005) 130 Cal.App.4th 488, 495, fn. 8 ; see al

2021(Id. at p. 640; see also Beach Colony II v. California Coastal Com. (1985) 166 Cal.App.3d 106, 112 [litigation can improve defendant’s sensitivity to rights of others affected by its actions].) “Attorney fees have consistently been awarded for the enforcement of well-defined, existing obligations.” (Press, supra, 34 Cal.3d at p. 318 .) Additionally, John’s defense of the judgment resulted in a published opinion, which “alone supports a conclusion that the result was of significant statewide public interest.” (Protect Our Water v. County of Merced (2005) 130 Cal.App.4th 488, 495, fn. 8 ; see al

11
Protect Our Water v. County of Mercedgreen
calctapp · 2005 · cited in 1 California opinions naming this issue, 2021–2021
1 sentence

2021(Id. at p. 640; see also Beach Colony II v. California Coastal Com. (1985) 166 Cal.App.3d 106, 112 [litigation can improve defendant’s sensitivity to rights of others affected by its actions].) “Attorney fees have consistently been awarded for the enforcement of well-defined, existing obligations.” (Press, supra, 34 Cal.3d at p. 318 .) Additionally, John’s defense of the judgment resulted in a published opinion, which “alone supports a conclusion that the result was of significant statewide public interest.” (Protect Our Water v. County of Merced (2005) 130 Cal.App.4th 488, 495, fn. 8 ; see al

11
Nat. Shooting Sports Foundation, Inc. v. State of Californiagreen
cal · 2018 · cited in 1 California opinions naming this issue, 2020–2020
1 sentence

2020(See National Shooting Sports Foundation, Inc. v. State (2018) 5 Cal.5th 428, 433 [absurdity canon of statutory construction avoids 15. interpretations that produce absurd consequences].) Based on our interpretation of sections 527.6 and 533 and the presentation of evidence about events occurring after the issuance of the original restraining order in March 2014, we conclude the constitutional issues were properly raised in the trial court by John’s motion to modify.

11
Board of Supervisors v. Superior Courtgreen
calctapp · 1995 · cited in 1 California opinions naming this issue, 2020–2020
1 sentence

2020(See Board of Supervisors v. Superior Court (1995) 33 Cal.App.4th 1724, 1737 [punishment for contempt requires violation of specific order].) DISPOSITION The trial court’s order granting John’s motion to dismiss Jennifer’s request to find him in contempt of court, entered December 24, 2019, is affirmed.

11
Lee v. Placer Title Co.green
calctapp · 1994 · cited in 1 California opinions naming this issue, 2014–2014
1 sentence

2014(Lee v. Placer Title Co. (1994) 28 Cal.App.4th 503, 509 [service ineffective where clerk mailed notice to attorney's former address]; Code Civ.

11
Tapia v. Barkergreen
calctapp · 1984 · cited in 1 California opinions naming this issue, 2014–2014
1 sentence

2014(Tapia v. Barker (1984) 160 Cal.App.3d 761, 766 ["Where no affidavits or declarations are introduced to counter the evidence of jury misconduct proffered on a new trial motion, the acts are deemed established, and the only issue is whether they are harmful or prejudicial."].) Largely for reasons already discussed above, we conclude John was not prejudiced by the trial court's denial of his new trial motion.

11
Chapman v. Californiared
scotus · 1967 · cited in 1 California opinions naming this issue, 2007–2007
11
Burden v. Snowdengreen
cal · 1992 · cited in 1 California opinions naming this issue, 2006–2006
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
Doe v. Regents of the University of California green
calctapp · 2016
2 sentences

2018While UCSB's rules provide "no formal right to discovery," the Committee's rulings during the hearing placed John in a catch-22; he learned the name of the medication Jane was taking too late to *855 allow him to obtain an expert opinion, but the Committee precluded John from offering evidence of the side effects of Viibryd without an expert. ( Doe v. Regents of University of California , supra , 5 Cal.App.5th at p. 1095 , 210 Cal.Rptr.3d 479 .) The Committee recognized the relevance of the Viibryd issue, but it rejected John's claim about insufficient notice by stating John " already had know

2018While UCSB's rules provide "no formal right to discovery," the Committee's rulings during the hearing placed John in a catch-22; he learned the name of the medication Jane was taking too late to *855 allow him to obtain an expert opinion, but the Committee precluded John from offering evidence of the side effects of Viibryd without an expert. ( Doe v. Regents of University of California , supra , 5 Cal.App.5th at p. 1095 , 210 Cal.Rptr.3d 479 .) The Committee recognized the relevance of the Viibryd issue, but it rejected John's claim about insufficient notice by stating John " already had know

22018–2018
People v. Oglesby green
calctapp · 2008
1 sentence

2026(See People v. Oglesby (2008) 158 Cal.App.4th 818 , 826–827; cf. People v. Mendez (1999) 19 Cal.4th 1084 , 1100 [challenge to a preplea determination of mental competence is a “certificate issue[]” that goes “to the legality of the proceedings, and, specifically, the validity of [the] guilty plea”].) 6 defendant’s demeanor, irrational behavior, and prior mental evaluations.” (Rogers, supra, 39 Cal.4th at p. 847 .) And a trial court is required to hold a section 1368 hearing only if there is substantial evidence of incompetence: “[E]vidence ‘that does no more than form the basis for speculation

12026–2026
People v. Romero green
cal · 2008
1 sentence

2026(See People v. Oglesby (2008) 158 Cal.App.4th 818 , 826–827; cf. People v. Mendez (1999) 19 Cal.4th 1084 , 1100 [challenge to a preplea determination of mental competence is a “certificate issue[]” that goes “to the legality of the proceedings, and, specifically, the validity of [the] guilty plea”].) 6 defendant’s demeanor, irrational behavior, and prior mental evaluations.” (Rogers, supra, 39 Cal.4th at p. 847 .) And a trial court is required to hold a section 1368 hearing only if there is substantial evidence of incompetence: “[E]vidence ‘that does no more than form the basis for speculation

12026–2026
People v. Mendez green
cal · 1999
1 sentence

2026(See People v. Oglesby (2008) 158 Cal.App.4th 818 , 826–827; cf. People v. Mendez (1999) 19 Cal.4th 1084 , 1100 [challenge to a preplea determination of mental competence is a “certificate issue[]” that goes “to the legality of the proceedings, and, specifically, the validity of [the] guilty plea”].) 6 defendant’s demeanor, irrational behavior, and prior mental evaluations.” (Rogers, supra, 39 Cal.4th at p. 847 .) And a trial court is required to hold a section 1368 hearing only if there is substantial evidence of incompetence: “[E]vidence ‘that does no more than form the basis for speculation

12026–2026
People v. Ramirez green
cal · 2006
1 sentence

2026(See People v. Oglesby (2008) 158 Cal.App.4th 818 , 826–827; cf. People v. Mendez (1999) 19 Cal.4th 1084 , 1100 [challenge to a preplea determination of mental competence is a “certificate issue[]” that goes “to the legality of the proceedings, and, specifically, the validity of [the] guilty plea”].) 6 defendant’s demeanor, irrational behavior, and prior mental evaluations.” (Rogers, supra, 39 Cal.4th at p. 847 .) And a trial court is required to hold a section 1368 hearing only if there is substantial evidence of incompetence: “[E]vidence ‘that does no more than form the basis for speculation

12026–2026
People v. Rogers green
cal · 2006
1 sentence

2026(See People v. Oglesby (2008) 158 Cal.App.4th 818 , 826–827; cf. People v. Mendez (1999) 19 Cal.4th 1084 , 1100 [challenge to a preplea determination of mental competence is a “certificate issue[]” that goes “to the legality of the proceedings, and, specifically, the validity of [the] guilty plea”].) 6 defendant’s demeanor, irrational behavior, and prior mental evaluations.” (Rogers, supra, 39 Cal.4th at p. 847 .) And a trial court is required to hold a section 1368 hearing only if there is substantial evidence of incompetence: “[E]vidence ‘that does no more than form the basis for speculation

12026–2026
Foreman & Clark Corp. v. Fallon green
cal · 1971
1 sentence

2025Maria requests this court to deem “all the issues raised in this appeal waived for failure to present [the facts] properly [Foreman & Clark Corp. v. Fallon (1971) 3 Cal.3d 875, 881 ].” We conclude that John, in challenging the sufficiency of the evidence to support the findings on the assault claim, failed to “set forth, discuss, and analyze all the evidence on that point, both favorable and unfavorable.” (Doe v. Roman Catholic Archbishop of Cashel & Emly, supra, 177 Cal.App.4th at p. 218 .) “Because [John] has failed in his obligations concerning the discussion and analysis of a substantial e

12025–2025
Doe v. Roman Catholic Archbishop of Cashel & Emly green
calctapp · 2009
1 sentence

2025Maria requests this court to deem “all the issues raised in this appeal waived for failure to present [the facts] properly [Foreman & Clark Corp. v. Fallon (1971) 3 Cal.3d 875, 881 ].” We conclude that John, in challenging the sufficiency of the evidence to support the findings on the assault claim, failed to “set forth, discuss, and analyze all the evidence on that point, both favorable and unfavorable.” (Doe v. Roman Catholic Archbishop of Cashel & Emly, supra, 177 Cal.App.4th at p. 218 .) “Because [John] has failed in his obligations concerning the discussion and analysis of a substantial e

12025–2025
In Re SB green
calctapp · 2005
1 sentence

2023Because both parties signed it, the Deal Memo is not a proposal; it is an agreement. 10 grounds for reversal on appeal when he or she fails to raise the objection in the trial court.” (In re Dakota H. (2005) 132 Cal.App.4th 212, 221 .) “ ‘Any other rule would permit a party to play fast and loose with the administration of justice by deliberately standing by without making an objection of which he is aware. [Citation.]’ ” (In re S.B. (2005) 130 Cal.App.4th 1148 , 1158–1159.) Not only did Robert fail to file any opposition to John’s motion to enforce the Deal Memo in the trial court, but he did

12023–2023
Jameson v. Desta green
cal · 2018
1 sentence

2023In any event, Brian has not satisfied his burden to rebut the presumption that the trial court’s order is correct. ( Jameson, supra, 5 Cal.5th at pp. 608-609.) Brian also argues the trial court erroneously “refused to continue the MSJ hearing,” and that John’s motion for summary adjudication relied on inadmissible evidence and an “incompetent declaration.” The trial court overruled all of Brian’s evidentiary objections to John’s evidence in support of his motion for summary adjudication, and Brian’s conclusory assertions of trial court error without pertinent cites to the record are insufficie

12023–2023
Critzer v. Enos green
calctapp · 2010
1 sentence

2023While the trial court’s order granting John’s motion and denying Bodhi’s motion does not use the term “judgment,” its effect was “to finally determine the rights of the parties in this action by enforcing the settlement agreement.” (Critzer v. Enos (2010) 187 Cal.App.4th 1242, 1252 .) We therefore “will amend the order to include an appealable judgment so as to expedite appellate review.” (Ibid.) 4 Bodhi filed a request for judicial notice on November 10, 2022 in connection with the indispensable party issue, which John opposed and we previously took under submission.

12023–2023
San Diego County Health & Human Services Agency v. Christina N. green
calctapp · 2005
1 sentence

2023Because both parties signed it, the Deal Memo is not a proposal; it is an agreement. 10 grounds for reversal on appeal when he or she fails to raise the objection in the trial court.” (In re Dakota H. (2005) 132 Cal.App.4th 212, 221 .) “ ‘Any other rule would permit a party to play fast and loose with the administration of justice by deliberately standing by without making an objection of which he is aware. [Citation.]’ ” (In re S.B. (2005) 130 Cal.App.4th 1148 , 1158–1159.) Not only did Robert fail to file any opposition to John’s motion to enforce the Deal Memo in the trial court, but he did

12023–2023
Hoffman v. 162 North Wolfe CA6 green
calctapp · 2014
1 sentence

2023(Hoffman v. 162 North Wolfe LLC (2014) 228 Cal.App.4th 1178 , 1185–1186.) According to the allegations of the cross-complaint, the following acts by Thomas formed the basis of both his fraud and breach of fiduciary duty cross-claims: (1) John’s failure to inform Thomas about the status of the Oak Grove malpractice claim, (2) John’s failure to tell Thomas that William failed 12 to secure tail coverage, (3) John’s instruction to Littlefield not to discuss the Oak Grove malpractice claim with Thomas, and (4) John’s instruction to Lipanovich not to share the coverage denial letter from Lawyers’ Mu

12023–2023
Davis Ex Rel. LaShonda D. v. Monroe County Board of Education green
scotus · 1999
1 sentence

2021(Davis, supra, 526 U.S. at p. 650 .) The trial court concluded that the complaint did not allege discrimination or harassment based on gender or sex because it alleged the coach “created a sexually charged atmosphere that the students were expected to join, not as to each other but as to the opposite sex in general.” Further, while the principal’s “alleged response may seem indifferent, the Court’s review of the [complaint] suggests that, based on the facts pled, there are a mere handful of identifiable incidents cited to support John’s claim.” a.

12021–2021
Leiserson v. City of San Diego green
calctapp · 1988
1 sentence

2021(Id. at p. 640; see also Beach Colony II v. California Coastal Com. (1985) 166 Cal.App.3d 106, 112 [litigation can improve defendant’s sensitivity to rights of others affected by its actions].) “Attorney fees have consistently been awarded for the enforcement of well-defined, existing obligations.” (Press, supra, 34 Cal.3d at p. 318 .) Additionally, John’s defense of the judgment resulted in a published opinion, which “alone supports a conclusion that the result was of significant statewide public interest.” (Protect Our Water v. County of Merced (2005) 130 Cal.App.4th 488, 495, fn. 8 ; see al

12021–2021
In Re Head green
cal · 1986
1 sentence

2021(Id. at p. 640; see also Beach Colony II v. California Coastal Com. (1985) 166 Cal.App.3d 106, 112 [litigation can improve defendant’s sensitivity to rights of others affected by its actions].) “Attorney fees have consistently been awarded for the enforcement of well-defined, existing obligations.” (Press, supra, 34 Cal.3d at p. 318 .) Additionally, John’s defense of the judgment resulted in a published opinion, which “alone supports a conclusion that the result was of significant statewide public interest.” (Protect Our Water v. County of Merced (2005) 130 Cal.App.4th 488, 495, fn. 8 ; see al

12021–2021
Roybal v. Governing Board of the Salinas City Elementary School District green
calctapp · 2008
1 sentence

2021(Id. at p. 640; see also Beach Colony II v. California Coastal Com. (1985) 166 Cal.App.3d 106, 112 [litigation can improve defendant’s sensitivity to rights of others affected by its actions].) “Attorney fees have consistently been awarded for the enforcement of well-defined, existing obligations.” (Press, supra, 34 Cal.3d at p. 318 .) Additionally, John’s defense of the judgment resulted in a published opinion, which “alone supports a conclusion that the result was of significant statewide public interest.” (Protect Our Water v. County of Merced (2005) 130 Cal.App.4th 488, 495, fn. 8 ; see al

12021–2021
Cooper v. Bettinger green
calctapp · 2015
2 sentences

2020We recognize the Second District stated that “where a protected party seeks a renewal of a restraining order and the restrained party … has lost on appeal, the restrained party cannot challenge the findings and evidence underlying the original order nor the validity of that order.” (Cooper, supra, 242 Cal.App.4th at p. 92 .) We do not interpret the phrase “the validity of that order” as precluding a restrained party from seeking modification of the terms of a renewed restraining order, a procedure specifically authorized by statute.

2020II., ante.) This incorrect assumption or determination tainted the court’s exercise of discretion, which means its decisions to renew the restraining order and to deny John’s motion were “ ‘not an exercise of informed discretion and [are] subject to reversal.’ ” (Cooper, supra, 242 Cal.App.4th at p. 90 .) Accordingly, the decisions must be reversed and the trial court directed to reevaluate Maria’s request to renew the restraining order.

12020–2020
Pagarigan v. Libby Care Center, Inc. green
calctapp · 2002
1 sentence

2015In a written ruling, the court reasoned that Pagarigan v. Libby Care Center, Inc. (2002) 99 Cal.App.4th 298 (Pagarigan), which held that an arbitration agreement could not be enforced when an elderly patient’s adult children signed on the resident’s behalf without express authorization, was “directly on point.” The court found St.

12015–2015
Damon v. Ocean Hills Journalism Club green
calctapp · 2000
1 sentence

2014Damon v. Ocean Hills Journalism Club (2000) 85 Cal.App.4th 468 , 475 examined whether a homeowners association's meetings and newsletter were public forums for purposes of an anti-SLAPP motion to strike under Code of Civil Procedure section 425.16.

12014–2014
Hemingway v. Superior Court green
calctapp · 2004
1 sentence

2014Hemingway v. Superior Court (2004) 122 Cal.App.4th 1148 , 1153 involved a peremptory challenge under Code of Civil Procedure section 170.6, not a motion to disqualify for cause under section 170.1, as John's motion was.

12014–2014
Sherman v. Kinetic Concepts, Inc. green
calctapp · 1998
12014–2014
People v. Cage green
cal · 2007
12007–2007

Where else courts name it

IL 25 (1927–2026) CA 18 (1987–2026) TX 15 (1995–2021) OH 7 (2004–2018) MA 6 (1989–2020) NY 6 (2009–2024) MS 5 (1994–2024) IN 4 (1989–2005) MT 4 (1984–2022) KY 4 (2012–2016) WI 3 (1993–2024) WY 2 (2006–2026) NE 2 (2008–2020) AK 2 (2022–2026) MO 2 (1976–2009) UT 2 (2021–2025) FL 2 (1990–1990) WA 2 (2017–2020) NJ 2 (2018–2025)

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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