second and third factors (California) · Go Syfert
← California issues

second and third factors in California

18 California opinions name it 2 courts 1966–2024 5 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 (8)

CaseFollowedCited
People v. Wellsgreen
cal · 1949 · cited in 2 California opinions naming this issue, 2021–2023
2 sentences

2023(People v. Humphrey (1996) 13 Cal.4th 1073, 1082 ; People v. Wells (1949) 33 Cal.2d 330, 345 [self-defense is “limited to such acts as are either actually reasonably necessary or which would appear to a reasonable person, under the same circumstances, to be reasonably necessary”].) The parties dispute the second and third factors under Thompson—relevance and exclusion.

2021(People v. Humphrey (1996) 13 Cal.4th 1073, 1082 ; People v. Wells (1949) 33 Cal.2d 330, 345 [self-defense is 6 “limited to such acts as are either actually reasonably necessary or which would appear to a reasonable person, under the same circumstances, to be reasonably necessary”].) The parties dispute the second and third factors under Thompson—relevance and exclusion.

22
Coachella Valley Mosquito & Vector Control District v. California Public Employment Relations Boardgreen
cal · 2005 · cited in 2 California opinions naming this issue, 2011–2012
2 sentences

2012(Coachella Valley, supra, 35 Cal.4th at p. 1082 .) On the second and third factors, the Coachella Valley court observed that “District makes a strong and ultimately persuasive argument that the proper limitations period is six months and not, as the PERB has ruled, three years.

2011(Coachella Valley, supra, 35 Cal.4th at p. 1082.) We need not decide whether Industry and Livermore have established a cognizable injury, however, because we conclude that the second and third factors alone justify excusing the exhaustion requirement in these circumstances.

12
Taylor v. Nabors Drilling USA, LPgreen
calctapp · 2014 · cited in 1 California opinions naming this issue, 2021–2021
1 sentence

2021(Taylor v. Nabors Drilling USA, LP (2014) 222 Cal.App.4th 1228, 1252 [“[w]e need not consider the first factor because the second and third factors alone support a multiplier”].) 17 DISPOSITION The judgment is affirmed.

11
People v. Gallardogreen
cal · 2017 · cited in 1 California opinions naming this issue, 2020–2020
2 sentences

2020As the Milton court observed, "at and after the time of [the defendant]'s sentencing [in 1999] California courts affirmed sentence enhancements based on factual findings by sentencing courts." (Milton, supra, 42 Cal.App.5th at p. 999, rev. granted; see id. at p. 985; see Gallardo, supra, 4 Cal.5th at p. 125 ["For some time, California cases have held that . . . determinations are to be made by the court, 16 rather than by the jury, based on a review of the record of the prior criminal proceeding."]; Brown, supra, 45 Cal.App.5th at p. 731 ["In the 11 years from McGee to Gallardo, California law

2020As the Milton court observed, "at and after the time of [the defendant]'s sentencing [in 1999] California courts affirmed sentence enhancements based on factual findings by sentencing courts." (Milton, supra, 42 Cal.App.5th at p. 999, rev. granted; see id. at p. 985; see Gallardo, supra, 4 Cal.5th at p. 125 ["For some time, California cases have held that . . . determinations are to be made by the court, 16 rather than by the jury, based on a review of the record of the prior criminal proceeding."]; Brown, supra, 45 Cal.App.5th at p. 731 ["In the 11 years from McGee to Gallardo, California law

11
People v. O'Malleygreen
cal · 2016 · cited in 1 California opinions naming this issue, 2019–2019
1 sentence

2019In fact, defendant concedes, relevant to both the second and third factors, this was not a situation where "a weak case [was] joined with a stronger case" creating a "spillover effect of aggregate evidence [that] might alter the outcome of some or all of the charges." ( O' Malley, supra , 62 Cal.4th at p. 968, 199 Cal.Rptr.3d 1 , 365 P.3d 790 . ) Finally, the joinder of the child pornography charge did not convert defendant's case into a capital one. ( Ibid. ) 6.

11
Sell v. United Statesgreen
scotus · 2003 · cited in 1 California opinions naming this issue, 2005–2005
11
Folk v. Kilkgreen
calctapp · 1975 · cited in 1 California opinions naming this issue, 1981–1981
11
People v. Mathisgreen
cal · 1965 · cited in 1 California opinions naming this issue, 1966–1966
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 (35)

CaseCitedYears
People v. Humphrey green
cal · 1996
2 sentences

2023(People v. Humphrey (1996) 13 Cal.4th 1073, 1082 ; People v. Wells (1949) 33 Cal.2d 330, 345 [self-defense is “limited to such acts as are either actually reasonably necessary or which would appear to a reasonable person, under the same circumstances, to be reasonably necessary”].) The parties dispute the second and third factors under Thompson—relevance and exclusion.

2021(People v. Humphrey (1996) 13 Cal.4th 1073, 1082 ; People v. Wells (1949) 33 Cal.2d 330, 345 [self-defense is 6 “limited to such acts as are either actually reasonably necessary or which would appear to a reasonable person, under the same circumstances, to be reasonably necessary”].) The parties dispute the second and third factors under Thompson—relevance and exclusion.

22021–2023
Shoen v. Zacarias green
calctapp · 2015
1 sentence

2024(See, e.g., Shoen v. Zacarias (2015) 237 Cal.App.4th 16 , 21–22 (Shoen).) The trial court found that an equitable easement would cause Defendants no irreparable harm and included in its statement of decision the evidence supporting that finding. 14 Defendants do not challenge the sufficiency of the evidence supporting any of the trial court’s factual findings.

12024–2024
Agua Caliente Band of Cahuilla Indians v. Superior Court green
cal · 2006
1 sentence

2023(Agua Caliente Band, supra, 40 Cal.4th at p. 247 .) “If the necessary party enjoys 4 The second and third factors are whether the prejudice could be lessened or avoided and whether a judgment rendered in the Tribe’s absence will be adequate. (§ 389, subd. (b)(2), (3).) Plaintiff fails to mention the second factor and only briefly addresses the third factor.

12023–2023
In re Melvin Hiram Thomas II On Habeas Corpus green
calctapp5d · 2018
1 sentence

2020(Thomas, supra, 30 Cal.App.5th at p. 763 .) Both factors weigh heavily against retroactive application of Gallardo.

12020–2020
People v. Farwell green
cal · 2016
2 sentences

2019In fact, defendant concedes, relevant to both the second and third factors, this was not a situation where "a weak case [was] joined with a stronger case" creating a "spillover effect of aggregate evidence [that] might alter the outcome of some or all of the charges." ( O' Malley, supra , 62 Cal.4th at p. 968, 199 Cal.Rptr.3d 1 , 365 P.3d 790 . ) Finally, the joinder of the child pornography charge did not convert defendant's case into a capital one. ( Ibid. ) 6.

2019In fact, defendant concedes, relevant to both the second and third factors, this was not a situation where "a weak case [was] joined with a stronger case" creating a "spillover effect of aggregate evidence [that] might alter the outcome of some or all of the charges." ( O' Malley, supra , 62 Cal.4th at p. 968, 199 Cal.Rptr.3d 1 , 365 P.3d 790 . ) Finally, the joinder of the child pornography charge did not convert defendant's case into a capital one. ( Ibid. ) 6.

12019–2019
Wood v. Superior Court green
calctapp · 1985
2 sentences

2017The second and third factors, the existence of "a reasonable expectation of privacy in the circumstances" and the seriousness of any invasion of privacy, may be resolved by a court as a matter of law when there are no disputed material facts. ( Hill v. National Collegiate Athletic Assn. , supra , 7 Cal.4th at p. 40 , 26 Cal.Rptr.2d 834 , 865 P.2d 633 .) Because there are no disputed material facts, we may conduct a Hill analysis for the first time on appeal. 8 On this basis, we disapprove Digital Music News LLC v. Superior Court (2014) 226 Cal.App.4th 216 , 171 Cal.Rptr.3d 799 ; Life Technolog

2017The second and third factors, the existence of "a reasonable expectation of privacy in the circumstances" and the seriousness of any invasion of privacy, may be resolved by a court as a matter of law when there are no disputed material facts. ( Hill v. National Collegiate Athletic Assn. , supra , 7 Cal.4th at p. 40 , 26 Cal.Rptr.2d 834 , 865 P.2d 633 .) Because there are no disputed material facts, we may conduct a Hill analysis for the first time on appeal. 8 On this basis, we disapprove Digital Music News LLC v. Superior Court (2014) 226 Cal.App.4th 216 , 171 Cal.Rptr.3d 799 ; Life Technolog

12017–2017
Mendez v. Superior Court green
calctapp · 1988
2 sentences

2017The second and third factors, the existence of "a reasonable expectation of privacy in the circumstances" and the seriousness of any invasion of privacy, may be resolved by a court as a matter of law when there are no disputed material facts. ( Hill v. National Collegiate Athletic Assn. , supra , 7 Cal.4th at p. 40 , 26 Cal.Rptr.2d 834 , 865 P.2d 633 .) Because there are no disputed material facts, we may conduct a Hill analysis for the first time on appeal. 8 On this basis, we disapprove Digital Music News LLC v. Superior Court (2014) 226 Cal.App.4th 216 , 171 Cal.Rptr.3d 799 ; Life Technolog

2017The second and third factors, the existence of "a reasonable expectation of privacy in the circumstances" and the seriousness of any invasion of privacy, may be resolved by a court as a matter of law when there are no disputed material facts. ( Hill v. National Collegiate Athletic Assn. , supra , 7 Cal.4th at p. 40 , 26 Cal.Rptr.2d 834 , 865 P.2d 633 .) Because there are no disputed material facts, we may conduct a Hill analysis for the first time on appeal. 8 On this basis, we disapprove Digital Music News LLC v. Superior Court (2014) 226 Cal.App.4th 216 , 171 Cal.Rptr.3d 799 ; Life Technolog

12017–2017
Ombudsman Services of Northern California v. Superior Court green
calctapp · 2007
2 sentences

2017The second and third factors, the existence of "a reasonable expectation of privacy in the circumstances" and the seriousness of any invasion of privacy, may be resolved by a court as a matter of law when there are no disputed material facts. ( Hill v. National Collegiate Athletic Assn. , supra , 7 Cal.4th at p. 40 , 26 Cal.Rptr.2d 834 , 865 P.2d 633 .) Because there are no disputed material facts, we may conduct a Hill analysis for the first time on appeal. 8 On this basis, we disapprove Digital Music News LLC v. Superior Court (2014) 226 Cal.App.4th 216 , 171 Cal.Rptr.3d 799 ; Life Technolog

2017The second and third factors, the existence of "a reasonable expectation of privacy in the circumstances" and the seriousness of any invasion of privacy, may be resolved by a court as a matter of law when there are no disputed material facts. ( Hill v. National Collegiate Athletic Assn. , supra , 7 Cal.4th at p. 40 , 26 Cal.Rptr.2d 834 , 865 P.2d 633 .) Because there are no disputed material facts, we may conduct a Hill analysis for the first time on appeal. 8 On this basis, we disapprove Digital Music News LLC v. Superior Court (2014) 226 Cal.App.4th 216 , 171 Cal.Rptr.3d 799 ; Life Technolog

12017–2017
Palay v. SUPERIOR COURT OF LOS ANGELES CTY. green
calctapp · 1993
2 sentences

2017The second and third factors, the existence of "a reasonable expectation of privacy in the circumstances" and the seriousness of any invasion of privacy, may be resolved by a court as a matter of law when there are no disputed material facts. ( Hill v. National Collegiate Athletic Assn. , supra , 7 Cal.4th at p. 40 , 26 Cal.Rptr.2d 834 , 865 P.2d 633 .) Because there are no disputed material facts, we may conduct a Hill analysis for the first time on appeal. 8 On this basis, we disapprove Digital Music News LLC v. Superior Court (2014) 226 Cal.App.4th 216 , 171 Cal.Rptr.3d 799 ; Life Technolog

2017The second and third factors, the existence of "a reasonable expectation of privacy in the circumstances" and the seriousness of any invasion of privacy, may be resolved by a court as a matter of law when there are no disputed material facts. ( Hill v. National Collegiate Athletic Assn. , supra , 7 Cal.4th at p. 40 , 26 Cal.Rptr.2d 834 , 865 P.2d 633 .) Because there are no disputed material facts, we may conduct a Hill analysis for the first time on appeal. 8 On this basis, we disapprove Digital Music News LLC v. Superior Court (2014) 226 Cal.App.4th 216 , 171 Cal.Rptr.3d 799 ; Life Technolog

12017–2017
Planned Parenthood v. Superior Court green
calctapp · 2000
2 sentences

2017The second and third factors, the existence of "a reasonable expectation of privacy in the circumstances" and the seriousness of any invasion of privacy, may be resolved by a court as a matter of law when there are no disputed material facts. ( Hill v. National Collegiate Athletic Assn. , supra , 7 Cal.4th at p. 40 , 26 Cal.Rptr.2d 834 , 865 P.2d 633 .) Because there are no disputed material facts, we may conduct a Hill analysis for the first time on appeal. 8 On this basis, we disapprove Digital Music News LLC v. Superior Court (2014) 226 Cal.App.4th 216 , 171 Cal.Rptr.3d 799 ; Life Technolog

2017The second and third factors, the existence of "a reasonable expectation of privacy in the circumstances" and the seriousness of any invasion of privacy, may be resolved by a court as a matter of law when there are no disputed material facts. ( Hill v. National Collegiate Athletic Assn. , supra , 7 Cal.4th at p. 40 , 26 Cal.Rptr.2d 834 , 865 P.2d 633 .) Because there are no disputed material facts, we may conduct a Hill analysis for the first time on appeal. 8 On this basis, we disapprove Digital Music News LLC v. Superior Court (2014) 226 Cal.App.4th 216 , 171 Cal.Rptr.3d 799 ; Life Technolog

12017–2017
Moskowitz v. Superior Court green
calctapp · 1982
12017–2017
Harding Lawson Associates v. Superior Court green
calctapp · 1992
2 sentences

2017The second and third factors, the existence of "a reasonable expectation of privacy in the circumstances" and the seriousness of any invasion of privacy, may be resolved by a court as a matter of law when there are no disputed material facts. ( Hill v. National Collegiate Athletic Assn. , supra , 7 Cal.4th at p. 40 , 26 Cal.Rptr.2d 834 , 865 P.2d 633 .) Because there are no disputed material facts, we may conduct a Hill analysis for the first time on appeal. 8 On this basis, we disapprove Digital Music News LLC v. Superior Court (2014) 226 Cal.App.4th 216 , 171 Cal.Rptr.3d 799 ; Life Technolog

2017The second and third factors, the existence of "a reasonable expectation of privacy in the circumstances" and the seriousness of any invasion of privacy, may be resolved by a court as a matter of law when there are no disputed material facts. ( Hill v. National Collegiate Athletic Assn. , supra , 7 Cal.4th at p. 40 , 26 Cal.Rptr.2d 834 , 865 P.2d 633 .) Because there are no disputed material facts, we may conduct a Hill analysis for the first time on appeal. 8 On this basis, we disapprove Digital Music News LLC v. Superior Court (2014) 226 Cal.App.4th 216 , 171 Cal.Rptr.3d 799 ; Life Technolog

12017–2017
Save Open Space Santa Monica Mountains v. Superior Court green
calctapp · 2000
2 sentences

2017The second and third factors, the existence of "a reasonable expectation of privacy in the circumstances" and the seriousness of any invasion of privacy, may be resolved by a court as a matter of law when there are no disputed material facts. ( Hill v. National Collegiate Athletic Assn. , supra , 7 Cal.4th at p. 40 , 26 Cal.Rptr.2d 834 , 865 P.2d 633 .) Because there are no disputed material facts, we may conduct a Hill analysis for the first time on appeal. 8 On this basis, we disapprove Digital Music News LLC v. Superior Court (2014) 226 Cal.App.4th 216 , 171 Cal.Rptr.3d 799 ; Life Technolog

2017The second and third factors, the existence of "a reasonable expectation of privacy in the circumstances" and the seriousness of any invasion of privacy, may be resolved by a court as a matter of law when there are no disputed material facts. ( Hill v. National Collegiate Athletic Assn. , supra , 7 Cal.4th at p. 40 , 26 Cal.Rptr.2d 834 , 865 P.2d 633 .) Because there are no disputed material facts, we may conduct a Hill analysis for the first time on appeal. 8 On this basis, we disapprove Digital Music News LLC v. Superior Court (2014) 226 Cal.App.4th 216 , 171 Cal.Rptr.3d 799 ; Life Technolog

12017–2017
El Dorado Savings & Loan Assn. v. Superior Court green
calctapp · 1987
12017–2017
HINSHAW, WINKLER, DRAA, MARSH v. Superior Court green
calctapp · 1996
2 sentences

2017The second and third factors, the existence of "a reasonable expectation of privacy in the circumstances" and the seriousness of any invasion of privacy, may be resolved by a court as a matter of law when there are no disputed material facts. ( Hill v. National Collegiate Athletic Assn. , supra , 7 Cal.4th at p. 40 , 26 Cal.Rptr.2d 834 , 865 P.2d 633 .) Because there are no disputed material facts, we may conduct a Hill analysis for the first time on appeal. 8 On this basis, we disapprove Digital Music News LLC v. Superior Court (2014) 226 Cal.App.4th 216 , 171 Cal.Rptr.3d 799 ; Life Technolog

2017The second and third factors, the existence of "a reasonable expectation of privacy in the circumstances" and the seriousness of any invasion of privacy, may be resolved by a court as a matter of law when there are no disputed material facts. ( Hill v. National Collegiate Athletic Assn. , supra , 7 Cal.4th at p. 40 , 26 Cal.Rptr.2d 834 , 865 P.2d 633 .) Because there are no disputed material facts, we may conduct a Hill analysis for the first time on appeal. 8 On this basis, we disapprove Digital Music News LLC v. Superior Court (2014) 226 Cal.App.4th 216 , 171 Cal.Rptr.3d 799 ; Life Technolog

12017–2017
Hooser v. Superior Court green
calctapp · 2000
12017–2017
Binder v. Superior Court green
calctapp · 1987
2 sentences

2017The second and third factors, the existence of "a reasonable expectation of privacy in the circumstances" and the seriousness of any invasion of privacy, may be resolved by a court as a matter of law when there are no disputed material facts. ( Hill v. National Collegiate Athletic Assn. , supra , 7 Cal.4th at p. 40 , 26 Cal.Rptr.2d 834 , 865 P.2d 633 .) Because there are no disputed material facts, we may conduct a Hill analysis for the first time on appeal. 8 On this basis, we disapprove Digital Music News LLC v. Superior Court (2014) 226 Cal.App.4th 216 , 171 Cal.Rptr.3d 799 ; Life Technolog

2017The second and third factors, the existence of "a reasonable expectation of privacy in the circumstances" and the seriousness of any invasion of privacy, may be resolved by a court as a matter of law when there are no disputed material facts. ( Hill v. National Collegiate Athletic Assn. , supra , 7 Cal.4th at p. 40 , 26 Cal.Rptr.2d 834 , 865 P.2d 633 .) Because there are no disputed material facts, we may conduct a Hill analysis for the first time on appeal. 8 On this basis, we disapprove Digital Music News LLC v. Superior Court (2014) 226 Cal.App.4th 216 , 171 Cal.Rptr.3d 799 ; Life Technolog

12017–2017
Lantz v. Superior Court green
calctapp · 1994
2 sentences

2017The second and third factors, the existence of "a reasonable expectation of privacy in the circumstances" and the seriousness of any invasion of privacy, may be resolved by a court as a matter of law when there are no disputed material facts. ( Hill v. National Collegiate Athletic Assn. , supra , 7 Cal.4th at p. 40 , 26 Cal.Rptr.2d 834 , 865 P.2d 633 .) Because there are no disputed material facts, we may conduct a Hill analysis for the first time on appeal. 8 On this basis, we disapprove Digital Music News LLC v. Superior Court (2014) 226 Cal.App.4th 216 , 171 Cal.Rptr.3d 799 ; Life Technolog

2017The second and third factors, the existence of "a reasonable expectation of privacy in the circumstances" and the seriousness of any invasion of privacy, may be resolved by a court as a matter of law when there are no disputed material facts. ( Hill v. National Collegiate Athletic Assn. , supra , 7 Cal.4th at p. 40 , 26 Cal.Rptr.2d 834 , 865 P.2d 633 .) Because there are no disputed material facts, we may conduct a Hill analysis for the first time on appeal. 8 On this basis, we disapprove Digital Music News LLC v. Superior Court (2014) 226 Cal.App.4th 216 , 171 Cal.Rptr.3d 799 ; Life Technolog

12017–2017
Harris v. Superior Court green
calctapp · 1992
2 sentences

2017The second and third factors, the existence of "a reasonable expectation of privacy in the circumstances" and the seriousness of any invasion of privacy, may be resolved by a court as a matter of law when there are no disputed material facts. ( Hill v. National Collegiate Athletic Assn. , supra , 7 Cal.4th at p. 40 , 26 Cal.Rptr.2d 834 , 865 P.2d 633 .) Because there are no disputed material facts, we may conduct a Hill analysis for the first time on appeal. 8 On this basis, we disapprove Digital Music News LLC v. Superior Court (2014) 226 Cal.App.4th 216 , 171 Cal.Rptr.3d 799 ; Life Technolog

2017The second and third factors, the existence of "a reasonable expectation of privacy in the circumstances" and the seriousness of any invasion of privacy, may be resolved by a court as a matter of law when there are no disputed material facts. ( Hill v. National Collegiate Athletic Assn. , supra , 7 Cal.4th at p. 40 , 26 Cal.Rptr.2d 834 , 865 P.2d 633 .) Because there are no disputed material facts, we may conduct a Hill analysis for the first time on appeal. 8 On this basis, we disapprove Digital Music News LLC v. Superior Court (2014) 226 Cal.App.4th 216 , 171 Cal.Rptr.3d 799 ; Life Technolog

12017–2017
Hill v. National Collegiate Athletic Assn. green
cal · 1994
2 sentences

2017The second and third factors, the existence of "a reasonable expectation of privacy in the circumstances" and the seriousness of any invasion of privacy, may be resolved by a court as a matter of law when there are no disputed material facts. ( Hill v. National Collegiate Athletic Assn. , supra , 7 Cal.4th at p. 40 , 26 Cal.Rptr.2d 834 , 865 P.2d 633 .) Because there are no disputed material facts, we may conduct a Hill analysis for the first time on appeal. 8 On this basis, we disapprove Digital Music News LLC v. Superior Court (2014) 226 Cal.App.4th 216 , 171 Cal.Rptr.3d 799 ; Life Technolog

2017The second and third factors, the existence of "a reasonable expectation of privacy in the circumstances" and the seriousness of any invasion of privacy, may be resolved by a court as a matter of law when there are no disputed material facts. ( Hill v. National Collegiate Athletic Assn. , supra , 7 Cal.4th at p. 40 , 26 Cal.Rptr.2d 834 , 865 P.2d 633 .) Because there are no disputed material facts, we may conduct a Hill analysis for the first time on appeal. 8 On this basis, we disapprove Digital Music News LLC v. Superior Court (2014) 226 Cal.App.4th 216 , 171 Cal.Rptr.3d 799 ; Life Technolog

12017–2017
Johnson v. Superior Court green
calctapp · 2000
2 sentences

2017The second and third factors, the existence of "a reasonable expectation of privacy in the circumstances" and the seriousness of any invasion of privacy, may be resolved by a court as a matter of law when there are no disputed material facts. ( Hill v. National Collegiate Athletic Assn. , supra , 7 Cal.4th at p. 40 , 26 Cal.Rptr.2d 834 , 865 P.2d 633 .) Because there are no disputed material facts, we may conduct a Hill analysis for the first time on appeal. 8 On this basis, we disapprove Digital Music News LLC v. Superior Court (2014) 226 Cal.App.4th 216 , 171 Cal.Rptr.3d 799 ; Life Technolog

2017The second and third factors, the existence of "a reasonable expectation of privacy in the circumstances" and the seriousness of any invasion of privacy, may be resolved by a court as a matter of law when there are no disputed material facts. ( Hill v. National Collegiate Athletic Assn. , supra , 7 Cal.4th at p. 40 , 26 Cal.Rptr.2d 834 , 865 P.2d 633 .) Because there are no disputed material facts, we may conduct a Hill analysis for the first time on appeal. 8 On this basis, we disapprove Digital Music News LLC v. Superior Court (2014) 226 Cal.App.4th 216 , 171 Cal.Rptr.3d 799 ; Life Technolog

12017–2017
Kahn v. Superior Court green
calctapp · 1987
2 sentences

2017The second and third factors, the existence of "a reasonable expectation of privacy in the circumstances" and the seriousness of any invasion of privacy, may be resolved by a court as a matter of law when there are no disputed material facts. ( Hill v. National Collegiate Athletic Assn. , supra , 7 Cal.4th at p. 40 , 26 Cal.Rptr.2d 834 , 865 P.2d 633 .) Because there are no disputed material facts, we may conduct a Hill analysis for the first time on appeal. 8 On this basis, we disapprove Digital Music News LLC v. Superior Court (2014) 226 Cal.App.4th 216 , 171 Cal.Rptr.3d 799 ; Life Technolog

2017The second and third factors, the existence of "a reasonable expectation of privacy in the circumstances" and the seriousness of any invasion of privacy, may be resolved by a court as a matter of law when there are no disputed material facts. ( Hill v. National Collegiate Athletic Assn. , supra , 7 Cal.4th at p. 40 , 26 Cal.Rptr.2d 834 , 865 P.2d 633 .) Because there are no disputed material facts, we may conduct a Hill analysis for the first time on appeal. 8 On this basis, we disapprove Digital Music News LLC v. Superior Court (2014) 226 Cal.App.4th 216 , 171 Cal.Rptr.3d 799 ; Life Technolog

12017–2017
Board of Medical Quality Assurance v. Gherardini green
calctapp · 1979
12017–2017
Garstang v. Superior Court green
calctapp · 1995
2 sentences

2017The second and third factors, the existence of "a reasonable expectation of privacy in the circumstances" and the seriousness of any invasion of privacy, may be resolved by a court as a matter of law when there are no disputed material facts. ( Hill v. National Collegiate Athletic Assn. , supra , 7 Cal.4th at p. 40 , 26 Cal.Rptr.2d 834 , 865 P.2d 633 .) Because there are no disputed material facts, we may conduct a Hill analysis for the first time on appeal. 8 On this basis, we disapprove Digital Music News LLC v. Superior Court (2014) 226 Cal.App.4th 216 , 171 Cal.Rptr.3d 799 ; Life Technolog

2017The second and third factors, the existence of "a reasonable expectation of privacy in the circumstances" and the seriousness of any invasion of privacy, may be resolved by a court as a matter of law when there are no disputed material facts. ( Hill v. National Collegiate Athletic Assn. , supra , 7 Cal.4th at p. 40 , 26 Cal.Rptr.2d 834 , 865 P.2d 633 .) Because there are no disputed material facts, we may conduct a Hill analysis for the first time on appeal. 8 On this basis, we disapprove Digital Music News LLC v. Superior Court (2014) 226 Cal.App.4th 216 , 171 Cal.Rptr.3d 799 ; Life Technolog

12017–2017
San Diego Trolley, Inc. v. Superior Court green
calctapp · 2001
2 sentences

2017The second and third factors, the existence of "a reasonable expectation of privacy in the circumstances" and the seriousness of any invasion of privacy, may be resolved by a court as a matter of law when there are no disputed material facts. ( Hill v. National Collegiate Athletic Assn. , supra , 7 Cal.4th at p. 40 , 26 Cal.Rptr.2d 834 , 865 P.2d 633 .) Because there are no disputed material facts, we may conduct a Hill analysis for the first time on appeal. 8 On this basis, we disapprove Digital Music News LLC v. Superior Court (2014) 226 Cal.App.4th 216 , 171 Cal.Rptr.3d 799 ; Life Technolog

2017The second and third factors, the existence of "a reasonable expectation of privacy in the circumstances" and the seriousness of any invasion of privacy, may be resolved by a court as a matter of law when there are no disputed material facts. ( Hill v. National Collegiate Athletic Assn. , supra , 7 Cal.4th at p. 40 , 26 Cal.Rptr.2d 834 , 865 P.2d 633 .) Because there are no disputed material facts, we may conduct a Hill analysis for the first time on appeal. 8 On this basis, we disapprove Digital Music News LLC v. Superior Court (2014) 226 Cal.App.4th 216 , 171 Cal.Rptr.3d 799 ; Life Technolog

12017–2017
Jones v. Superior Court green
calctapp · 1981
2 sentences

2017The second and third factors, the existence of "a reasonable expectation of privacy in the circumstances" and the seriousness of any invasion of privacy, may be resolved by a court as a matter of law when there are no disputed material facts. ( Hill v. National Collegiate Athletic Assn. , supra , 7 Cal.4th at p. 40 , 26 Cal.Rptr.2d 834 , 865 P.2d 633 .) Because there are no disputed material facts, we may conduct a Hill analysis for the first time on appeal. 8 On this basis, we disapprove Digital Music News LLC v. Superior Court (2014) 226 Cal.App.4th 216 , 171 Cal.Rptr.3d 799 ; Life Technolog

2017The second and third factors, the existence of "a reasonable expectation of privacy in the circumstances" and the seriousness of any invasion of privacy, may be resolved by a court as a matter of law when there are no disputed material facts. ( Hill v. National Collegiate Athletic Assn. , supra , 7 Cal.4th at p. 40 , 26 Cal.Rptr.2d 834 , 865 P.2d 633 .) Because there are no disputed material facts, we may conduct a Hill analysis for the first time on appeal. 8 On this basis, we disapprove Digital Music News LLC v. Superior Court (2014) 226 Cal.App.4th 216 , 171 Cal.Rptr.3d 799 ; Life Technolog

12017–2017
Board of Trustees v. Superior Court green
calctapp · 1981
2 sentences

2017The second and third factors, the existence of "a reasonable expectation of privacy in the circumstances" and the seriousness of any invasion of privacy, may be resolved by a court as a matter of law when there are no disputed material facts. ( Hill v. National Collegiate Athletic Assn. , supra , 7 Cal.4th at p. 40 , 26 Cal.Rptr.2d 834 , 865 P.2d 633 .) Because there are no disputed material facts, we may conduct a Hill analysis for the first time on appeal. 8 On this basis, we disapprove Digital Music News LLC v. Superior Court (2014) 226 Cal.App.4th 216 , 171 Cal.Rptr.3d 799 ; Life Technolog

2017The second and third factors, the existence of "a reasonable expectation of privacy in the circumstances" and the seriousness of any invasion of privacy, may be resolved by a court as a matter of law when there are no disputed material facts. ( Hill v. National Collegiate Athletic Assn. , supra , 7 Cal.4th at p. 40 , 26 Cal.Rptr.2d 834 , 865 P.2d 633 .) Because there are no disputed material facts, we may conduct a Hill analysis for the first time on appeal. 8 On this basis, we disapprove Digital Music News LLC v. Superior Court (2014) 226 Cal.App.4th 216 , 171 Cal.Rptr.3d 799 ; Life Technolog

12017–2017
Life Technologies Corp. v. Superior Court green
calctapp · 2011
2 sentences

2017The second and third factors, the existence of "a reasonable expectation of privacy in the circumstances" and the seriousness of any invasion of privacy, may be resolved by a court as a matter of law when there are no disputed material facts. ( Hill v. National Collegiate Athletic Assn. , supra , 7 Cal.4th at p. 40 , 26 Cal.Rptr.2d 834 , 865 P.2d 633 .) Because there are no disputed material facts, we may conduct a Hill analysis for the first time on appeal. 8 On this basis, we disapprove Digital Music News LLC v. Superior Court (2014) 226 Cal.App.4th 216 , 171 Cal.Rptr.3d 799 ; Life Technolog

2017The second and third factors, the existence of "a reasonable expectation of privacy in the circumstances" and the seriousness of any invasion of privacy, may be resolved by a court as a matter of law when there are no disputed material facts. ( Hill v. National Collegiate Athletic Assn. , supra , 7 Cal.4th at p. 40 , 26 Cal.Rptr.2d 834 , 865 P.2d 633 .) Because there are no disputed material facts, we may conduct a Hill analysis for the first time on appeal. 8 On this basis, we disapprove Digital Music News LLC v. Superior Court (2014) 226 Cal.App.4th 216 , 171 Cal.Rptr.3d 799 ; Life Technolog

12017–2017
Digital Music News LLC v. Superior Court green
calctapp · 2014
2 sentences

2017The second and third factors, the existence of "a reasonable expectation of privacy in the circumstances" and the seriousness of any invasion of privacy, may be resolved by a court as a matter of law when there are no disputed material facts. ( Hill v. National Collegiate Athletic Assn. , supra , 7 Cal.4th at p. 40 , 26 Cal.Rptr.2d 834 , 865 P.2d 633 .) Because there are no disputed material facts, we may conduct a Hill analysis for the first time on appeal. 8 On this basis, we disapprove Digital Music News LLC v. Superior Court (2014) 226 Cal.App.4th 216 , 171 Cal.Rptr.3d 799 ; Life Technolog

2017The second and third factors, the existence of "a reasonable expectation of privacy in the circumstances" and the seriousness of any invasion of privacy, may be resolved by a court as a matter of law when there are no disputed material facts. ( Hill v. National Collegiate Athletic Assn. , supra , 7 Cal.4th at p. 40 , 26 Cal.Rptr.2d 834 , 865 P.2d 633 .) Because there are no disputed material facts, we may conduct a Hill analysis for the first time on appeal. 8 On this basis, we disapprove Digital Music News LLC v. Superior Court (2014) 226 Cal.App.4th 216 , 171 Cal.Rptr.3d 799 ; Life Technolog

12017–2017
People v. Beagle green
cal · 1972
12015–2015
People v. Scott green
cal · 2011
12015–2015
People v. Elliott green
cal · 2012
12014–2014
Alcala v. Superior Court green
cal · 2008
12014–2014
United States v. Herbert G. Evans, Jr. green
ca4 · 2005
12006–2006
United States v. Evans green
vawd · 2006
12006–2006

Statutes the citing opinions construe

CA § Cal. Evidence Code § 1101 (4) CA § Cal. Penal Code § 459 (4) CA § Cal. Evidence Code § 352 (3) CA § Cal. Penal Code § 667 (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 44 (2000–2026) MI 36 (1975–2025) IL 22 (1987–2026) CA 18 (1966–2024) WA 13 (2013–2025) PA 11 (1971–2024) NY 11 (2006–2025) CO 10 (1988–2026) NJ 9 (1996–2025) FL 9 (1985–2020) IA 8 (2000–2017) MA 7 (1986–2026) WI 7 (1998–2024) MS 6 (2018–2024) NM 6 (2016–2022) WY 5 (1986–2022) OR 5 (2018–2026) MD 5 (1977–2014) MN 5 (1988–2023) HI 5 (2010–2019) CT 5 (1998–2020) MO 5 (1986–2017) LA 4 (2000–2025) KS 4 (2022–2026) NV 4 (2019–2024) OH 3 (2012–2021) MT 3 (2000–2005) DE 3 (2022–2024) AL 3 (1983–2008) DC 3 (2012–2024) AZ 3 (2004–2007) IN 2 (1998–2012) OK 2 (1977–1977) NH 2 (2009–2024) ND 2 (1985–2007) TN 2 (2002–2010) SC 2 (2011–2011) SD 2 (1998–2003) VT 2 (1995–2016) UT 2 (2014–2017) AK 2 (1990–2023)

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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