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18 California opinions name it 3 courts 1896–2024 3 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 |
|---|---|---|
Wallner v. Parry Professional Building, Ltd.green2 sentences2023(Accord, Wallner v. Parry Professional Bldg., Ltd. (1994) 22 Cal.App.4th 1446, 1449 [“When a partnership has a claim, the real party in interest is the partnership and not an individual member of the partnership”].) Consequently, Engel cannot establish he was damaged by Pech’s malpractice, such that Engel’s malpractice claims fail as a matter of law. 2023(Accord, Wallner v. Parry Professional Bldg., Ltd. (1994) 22 Cal.App.4th 1446, 1449 [“When a partnership has a claim, the real party in interest is the partnership and not an individual member of the partnership”].) Consequently, Engel cannot establish he was damaged by Pech’s malpractice, such that Engel’s malpractice claims fail as a matter of law. | 2 | 2 |
Grigsby v. Kinggreen2 sentences2007When discussing their positions on appeal, we will refer to the groups respectively as “the Mayor” and “the State defendants.” 14 The Mayor cites to Grigsby v. King (1927) 202 Cal. 299, 304 [ 260 P. 789 ], for the proposition that local school boards are “administrative agencies] created by statute and invested only with the powers expressly conferred, subject to the limitations thereto attached by the legislature.” Yet article IX, section 16 of the California Constitution clearly provides that local school boards, far from being created by statute, are every charter city’s constitutional righ 2007When discussing their positions on appeal, we will refer to the groups respectively as “the Mayor” and “the State defendants.” 14 The Mayor cites to Grigsby v. King (1927) 202 Cal. 299, 304 [ 260 P. 789 ], for the proposition that local school boards are “administrative agencies] created by statute and invested only with the powers expressly conferred, subject to the limitations thereto attached by the legislature.” Yet article IX, section 16 of the California Constitution clearly provides that local school boards, far from being created by statute, are every charter city’s constitutional righ | 1 | 1 |
Opinion of the Justices to the House of Representativesgreen1 sentence1994The basis for this lawsuit is that the general partners have declined to carry on the business of the partnership by wrongfully refusing to enforce a partnership claim for rent against a former tenant.” (Riviera Congress Associates v. Yassky, supra, 277 N.Y.S.2d at p. 391 [273 N.E.2d at p. 879].) Since the purpose of Wallner’s suit is to collect debts owing to the partnership which the general partners refuse to collect because of alleged self-dealing, this action does not, on its face, purport to interfere with the general partners’ right to carry on the business. 8 The difficulty in these ca | 1 | 1 |
Torres v. City of Yorba Lindagreen2 sentences1994(Jorres v. City of Yorba Linda (1993) 13 Cal.App.4th 1035, 1040-1041 [ 17 Cal.Rptr.2d 400 ].) When a partnership has a claim, the real party in interest is the partnership and not an individual member of the partnership. 1994(Jorres v. City of Yorba Linda (1993) 13 Cal.App.4th 1035, 1040-1041 [ 17 Cal.Rptr.2d 400 ].) When a partnership has a claim, the real party in interest is the partnership and not an individual member of the partnership. | 1 | 1 |
Riviera Congress Associates ex rel. Lewy v. Yasskygreen1 sentence1994The basis for this lawsuit is that the general partners have declined to carry on the business of the partnership by wrongfully refusing to enforce a partnership claim for rent against a former tenant.” (Riviera Congress Associates v. Yassky, supra, 277 N.Y.S.2d at p. 391 [273 N.E.2d at p. 879].) Since the purpose of Wallner’s suit is to collect debts owing to the partnership which the general partners refuse to collect because of alleged self-dealing, this action does not, on its face, purport to interfere with the general partners’ right to carry on the business. 8 The difficulty in these ca | 1 | 1 |
Coughlin v. Blairgreen2 sentences1979(Coughlin v. Blair, 41 Cal.2d 587, 603 [ 262 P.2d 305 ].) As a result of the buyer’s failure to perform, the Yackeys were required to pay additional attorney fees—agreed to be assumed by the partnership in defense of the Ku case; additionally they paid property taxes on the property after the date of the breach. 1979(Coughlin v. Blair, 41 Cal.2d 587, 603 [ 262 P.2d 305 ].) As a result of the buyer’s failure to perform, the Yackeys were required to pay additional attorney fees—agreed to be assumed by the partnership in defense of the Ku case; additionally they paid property taxes on the property after the date of the breach. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in California. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Coldren v. Hart, King & Coldren, Inc.
green
2 sentences2019Relying on Coldren v. Hart, King & Coldren, Inc. (2015) 239 Cal.App.4th 237 (Coldren), Defendants contend that Coldren is “strikingly similar to the matter at bar” and “addressed the core issue presented” here. 2019Relying on Coldren v. Hart, King & Coldren, Inc . (2015) 239 Cal.App.4th 237 , 190 Cal.Rptr.3d 644 ( Coldren ), Defendants contend that Coldren is "strikingly similar to the matter at bar" and "addressed the core issue presented" here. | 2 | 2019–2019 |
Brautigam v. Brooks
green
2 sentences2018(See Brautigam v. Brooks (1964) 227 Cal.App.2d 547 , 560-561, 38 Cal.Rptr. 784 .) We disagree. 2018(See Brautigam v. Brooks (1964) 227 Cal.App.2d 547 , 560-561, 38 Cal.Rptr. 784 .) We disagree. | 2 | 2018–2018 |
Meyer Koulish Co. v. Cannon
green
1 sentence2024(See Meyer Koulish Co. v. Cannon (1963) 213 Cal.App.2d 419 , 430–431 [“there is no right to a jury trial in civil actions that are equitable in nature”].) Although Appellants seem to concede that partition actions are equitable in nature, they argue they were entitled to a jury trial on William’s partition claim because it was actually a partnership claim in disguise. | 1 | 2024–2024 |
Cooperman v. Unemployment Insurance Appeals Board
green
2 sentences2015(Cal. Practice Guide: Corporations (The Rutter Group 2014) ¶ 2:119, pp. 2-89 to 2-90.) Torrey Pines remained a separate corporate entity, for nontax purposes. ( Cooperman, supra, 49 Cal.App.3d 1, 7-9 .) The annotations to title 26 United States Code section 1361 include cases from other jurisdictions explaining that for nontax purposes, an S corporation retains a separate identity from its shareholders. 2015(Cal. Practice Guide: Corporations (The Rutter Group 2014) ¶ 2:119, pp. 2-89 to 2-90.) Torrey Pines remained a separate corporate entity, for nontax purposes. ( Cooperman, supra, 49 Cal.App.3d 1, 7-9 .) The annotations to title 26 United States Code section 1361 include cases from other jurisdictions explaining that for nontax purposes, an S corporation retains a separate identity from its shareholders. | 1 | 2015–2015 |
Francis v. Equilon Enterprises, LLC.
neutral
1 sentence2015As this court explained in Valentino, " 'The S corporation is, in effect, a Code-created hybrid combining traits of both corporations and partnerships.' " ( Valentino, supra, 87 Cal.App.4th at pp. 1288-1289; Heller v. Franchise Tax Bd. (1994) 21 Cal.App.4th 1730, 1733 .) Federal tax law provides that "the character of a shareholder's pro rata share of S corporation income is determined as if the income were realized directly from the source from which realized by the corporation. [Citation.] This principle is known as the 'conduit rule' and was intended by Congress to be the same as the partne | 1 | 2015–2015 |
Heller v. Franchise Tax Board
green
1 sentence2015As this court explained in Valentino, " 'The S corporation is, in effect, a Code-created hybrid combining traits of both corporations and partnerships.' " ( Valentino, supra, 87 Cal.App.4th at pp. 1288-1289; Heller v. Franchise Tax Bd. (1994) 21 Cal.App.4th 1730, 1733 .) Federal tax law provides that "the character of a shareholder's pro rata share of S corporation income is determined as if the income were realized directly from the source from which realized by the corporation. [Citation.] This principle is known as the 'conduit rule' and was intended by Congress to be the same as the partne | 1 | 2015–2015 |
Valentino v. Franchise Tax Board
green
2 sentences2015As this court explained in Valentino, " 'The S corporation is, in effect, a Code-created hybrid combining traits of both corporations and partnerships.' " ( Valentino, supra, 87 Cal.App.4th at pp. 1288-1289; Heller v. Franchise Tax Bd. (1994) 21 Cal.App.4th 1730, 1733 .) Federal tax law provides that "the character of a shareholder's pro rata share of S corporation income is determined as if the income were realized directly from the source from which realized by the corporation. [Citation.] This principle is known as the 'conduit rule' and was intended by Congress to be the same as the partne 2015As this court explained in Valentino, " 'The S corporation is, in effect, a Code-created hybrid combining traits of both corporations and partnerships.' " ( Valentino, supra, 87 Cal.App.4th at pp. 1288-1289; Heller v. Franchise Tax Bd. (1994) 21 Cal.App.4th 1730, 1733 .) Federal tax law provides that "the character of a shareholder's pro rata share of S corporation income is determined as if the income were realized directly from the source from which realized by the corporation. [Citation.] This principle is known as the 'conduit rule' and was intended by Congress to be the same as the partne | 1 | 2015–2015 |
Robert Harold FENDLER, Plaintiff-Appellant, v. Robert GOLDSMITH, and the Attorney General of the State of Arizona, Defendants-Appellees
green
1 sentence1993(Chapman v. California (1967) 386 U.S. 18 [ 17 L.Ed.2d 705 , 87 S.Ct. 824 , 24 A.L.R.3d 1065 ]; Fendler v. Goldsmith, supra, 728 F.2d at p. 1190 .) We conclude the sanction had no impact on the outcome of this case. | 1 | 1993–1993 |
Chapman v. California
red
2 sentences1993(Chapman v. California (1967) 386 U.S. 18 [ 17 L.Ed.2d 705 , 87 S.Ct. 824 , 24 A.L.R.3d 1065 ]; Fendler v. Goldsmith, supra, 728 F.2d at p. 1190 .) We conclude the sanction had no impact on the outcome of this case. 1993(Chapman v. California (1967) 386 U.S. 18 [ 17 L.Ed.2d 705 , 87 S.Ct. 824 , 24 A.L.R.3d 1065 ]; Fendler v. Goldsmith, supra, 728 F.2d at p. 1190 .) We conclude the sanction had no impact on the outcome of this case. | 1 | 1993–1993 |
White v. Guarente
green
2 sentences1992For example, in White v. Guarente (1977) 43 N.Y.2d 356 [ 401 N.Y.S.2d 474 , 372 N.E.2d 315 ], one of 40 limited partners sued the partnership's auditor for professional negligence in failing to disclose in an audit report that the general partners had withdrawn funds from the partnership in violation of the partnership agreement. 1992For example, in White v. Guarente (1977) 43 N.Y.2d 356 [ 401 N.Y.S.2d 474 , 372 N.E.2d 315 ], one of 40 limited partners sued the partnership's auditor for professional negligence in failing to disclose in an audit report that the general partners had withdrawn funds from the partnership in violation of the partnership agreement. | 1 | 1992–1992 |
Latipac, Inc. v. Superior Court of Marin County
green
1 sentence1972Although we shall have occasion hereinafter to refer to the language of this decision, we note at this point that there was no proper license in effect at the time the contract was executed, which fact, wholly aside from the provisions of Business and Professions Code, section 7031, raised the question of the effect of the illegality of the contract. (48 Cal.2d at pp. 150, 155.) The leading California authority on the doctrine of substantial compli *181 anee as applied to the Contractors License Law is Latipac, Inc. v. Superior Court, supra, 64 Cal.2d 278, a four to three decision in which the | 1 | 1972–1972 |
Swarthout v. Gentry
green
2 sentences1957He cites Swarthout v. Gentry, 62 Cal.App.2d 68 [ 144 P.2d 38 ], in support of this contention. 1957He cites Swarthout v. Gentry, 62 Cal.App.2d 68 [ 144 P.2d 38 ], in support of this contention. | 1 | 1957–1957 |
Haas v. Greenwald
green
2 sentences1946Because the services of all of them were the consideration for the contract, and it was void as to the attorney, the court denied any recovery. ( Haas v. Greenwald, 196 Cal. 236 [ 237 P. 38 , 59 A.L.R. 1493 ].) Assuming that the license issued in the names of Gatti, Albert Moore and Delbert Moore was a sufficient authorization for the contracting business of two of them, this observance of the statute occurred almost three months after the partnership contract was undertaken and did not cure the unlawfulness of the consideration up to that time. 1946Because the services of all of them were the consideration for the contract, and it was void as to the attorney, the court denied any recovery. ( Haas v. Greenwald, 196 Cal. 236 [ 237 P. 38 , 59 A.L.R. 1493 ].) Assuming that the license issued in the names of Gatti, Albert Moore and Delbert Moore was a sufficient authorization for the contracting business of two of them, this observance of the statute occurred almost three months after the partnership contract was undertaken and did not cure the unlawfulness of the consideration up to that time. | 1 | 1946–1946 |
Peardon v. White
green
2 sentences1928Jur., p. 66; 14 Cal. Jur. 768.) The fact that the complaint alleged a partnership does not bar relief in the event that the testimony establishes only a joint adventure. (14 Cal. Jur. 768; Peardon v. White, 65 Cal. App. 463 [ 224 Pac. 263 ].) The judgment is reversed and the cause remanded for further proceedings in accordance with this opinion. 1928Jur., p. 66; 14 Cal. Jur. 768.) The fact that the complaint alleged a partnership does not bar relief in the event that the testimony establishes only a joint adventure. (14 Cal. Jur. 768; Peardon v. White, 65 Cal. App. 463 [ 224 Pac. 263 ].) The judgment is reversed and the cause remanded for further proceedings in accordance with this opinion. | 1 | 1928–1928 |
McCord v. Seale
neutral
1 sentence1896(McCord v. Seale, 56 Cal. 262 ; Weinreich v. Johnston, 78 Cal. 254 ; Webb v. Trescony, 76 Cal. 621 . | 1 | 1896–1896 |
Webb v. Trescony
green
1 sentence1896(McCord v. Seale, 56 Cal. 262 ; Weinreich v. Johnston, 78 Cal. 254 ; Webb v. Trescony, 76 Cal. 621 . | 1 | 1896–1896 |
Weinreich v. Johnston
neutral
1 sentence1896(McCord v. Seale, 56 Cal. 262 ; Weinreich v. Johnston, 78 Cal. 254 ; Webb v. Trescony, 76 Cal. 621 . | 1 | 1896–1896 |
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.