18 California opinions name it 3 courts 1977–2026 4 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 |
|---|---|---|
In Re Marriage of Wattsgreen2 sentences2026We disagree. “ ‘Where one spouse has the exclusive use of a community asset during the period between separation and trial, that spouse may be required to compensate the community for the reasonable value of that use.’ [Citation.] The right to such compensation is commonly known as a ‘Watts charge.’ ” (In re Marriage of Falcone & Fyke (2012) 203 Cal.App.4th 964, 978 , citing Watts, supra, 171 Cal.App.3d at p. 374 .) “Where the Watts rule applies, the court is ‘obligated either to order reimbursement to the community or to 3 offer an explanation for not doing so.’ ” (Falcone & Fyke, at p. 978.) 2026We disagree. “ ‘Where one spouse has the exclusive use of a community asset during the period between separation and trial, that spouse may be required to compensate the community for the reasonable value of that use.’ [Citation.] The right to such compensation is commonly known as a ‘Watts charge.’ ” (In re Marriage of Falcone & Fyke (2012) 203 Cal.App.4th 964, 978 , citing Watts, supra, 171 Cal.App.3d at p. 374 .) “Where the Watts rule applies, the court is ‘obligated either to order reimbursement to the community or to 3 offer an explanation for not doing so.’ ” (Falcone & Fyke, at p. 978.) | 2 | 7 |
In Re Marriage of Epsteinred2 sentences2026We disagree. “ ‘Where one spouse has the exclusive use of a community asset during the period between separation and trial, that spouse may be required to compensate the community for the reasonable value of that use.’ [Citation.] The right to such compensation is commonly known as a ‘Watts charge.’ ” (In re Marriage of Falcone & Fyke (2012) 203 Cal.App.4th 964, 978 , citing Watts, supra, 171 Cal.App.3d at p. 374 .) “Where the Watts rule applies, the court is ‘obligated either to order reimbursement to the community or to 3 offer an explanation for not doing so.’ ” (Falcone & Fyke, at p. 978.) 2026We disagree. “ ‘Where one spouse has the exclusive use of a community asset during the period between separation and trial, that spouse may be required to compensate the community for the reasonable value of that use.’ [Citation.] The right to such compensation is commonly known as a ‘Watts charge.’ ” (In re Marriage of Falcone & Fyke (2012) 203 Cal.App.4th 964, 978 , citing Watts, supra, 171 Cal.App.3d at p. 374 .) “Where the Watts rule applies, the court is ‘obligated either to order reimbursement to the community or to 3 offer an explanation for not doing so.’ ” (Falcone & Fyke, at p. 978.) | 2 | 5 |
Falcone v. Fykegreen2 sentences2026We disagree. “ ‘Where one spouse has the exclusive use of a community asset during the period between separation and trial, that spouse may be required to compensate the community for the reasonable value of that use.’ [Citation.] The right to such compensation is commonly known as a ‘Watts charge.’ ” (In re Marriage of Falcone & Fyke (2012) 203 Cal.App.4th 964, 978 , citing Watts, supra, 171 Cal.App.3d at p. 374 .) “Where the Watts rule applies, the court is ‘obligated either to order reimbursement to the community or to 3 offer an explanation for not doing so.’ ” (Falcone & Fyke, at p. 978.) 2026We disagree. “ ‘Where one spouse has the exclusive use of a community asset during the period between separation and trial, that spouse may be required to compensate the community for the reasonable value of that use.’ [Citation.] The right to such compensation is commonly known as a ‘Watts charge.’ ” (In re Marriage of Falcone & Fyke (2012) 203 Cal.App.4th 964, 978 , citing Watts, supra, 171 Cal.App.3d at p. 374 .) “Where the Watts rule applies, the court is ‘obligated either to order reimbursement to the community or to 3 offer an explanation for not doing so.’ ” (Falcone & Fyke, at p. 978.) | 1 | 7 |
In Re the Marriage of Hebbringgreen2 sentences2026We disagree. “ ‘Where one spouse has the exclusive use of a community asset during the period between separation and trial, that spouse may be required to compensate the community for the reasonable value of that use.’ [Citation.] The right to such compensation is commonly known as a ‘Watts charge.’ ” (In re Marriage of Falcone & Fyke (2012) 203 Cal.App.4th 964, 978 , citing Watts, supra, 171 Cal.App.3d at p. 374 .) “Where the Watts rule applies, the court is ‘obligated either to order reimbursement to the community or to 3 offer an explanation for not doing so.’ ” (Falcone & Fyke, at p. 978.) 2026We disagree. “ ‘Where one spouse has the exclusive use of a community asset during the period between separation and trial, that spouse may be required to compensate the community for the reasonable value of that use.’ [Citation.] The right to such compensation is commonly known as a ‘Watts charge.’ ” (In re Marriage of Falcone & Fyke (2012) 203 Cal.App.4th 964, 978 , citing Watts, supra, 171 Cal.App.3d at p. 374 .) “Where the Watts rule applies, the court is ‘obligated either to order reimbursement to the community or to 3 offer an explanation for not doing so.’ ” (Falcone & Fyke, at p. 978.) | 1 | 2 |
Oliverez v. Oliverez (In re Oliverez)green2 sentences2026(Hebbring, supra, 207 Cal.App.3d at p. 1272 .) “ ‘ “As long as the court exercised its discretion along legal lines, its decision will be affirmed on appeal if there is substantial evidence to support it.” ’ ” (In re Marriage of Oliverez (2019) 33 Cal.App.5th 298 , 318–319.) As to the Watts charges, the trial court found Kevin vacated the family residence around July 11, 2024, and was in “exclusive use and possession of the residence” for a period of 24.5 months. 2026(Hebbring, supra, 207 Cal.App.3d at p. 1272 .) “ ‘ “As long as the court exercised its discretion along legal lines, its decision will be affirmed on appeal if there is substantial evidence to support it.” ’ ” (In re Marriage of Oliverez (2019) 33 Cal.App.5th 298 , 318–319.) As to the Watts charges, the trial court found Kevin vacated the family residence around July 11, 2024, and was in “exclusive use and possession of the residence” for a period of 24.5 months. | 1 | 2 |
In Re Marriage of Dellaria & Blickman-Dellariagreen2 sentences2022(See In re Marriage of Oliverez (2019) 33 Cal.App.5th 298, 318 [Epstein credits]; In re Marriage of Dellaria & Blickman-Dellaria (2009) 172 Cal.App.4th 196, 201 [review of orders dividing marital property].) C. 2022(See In re Marriage of Oliverez (2019) 33 Cal.App.5th 298, 318 [Epstein credits]; In re Marriage of Dellaria & Blickman-Dellaria (2009) 172 Cal.App.4th 196, 201 [review of orders dividing marital property].) C. | 1 | 1 |
In Re Marriage of Braudgreen2 sentences2016(In re Marriage of Cooper (2016) ___ Cal.App.4th ___, ___ [ 2016 WL 3138012 , *10] (Cooper); Epstein, at pp. 84-85.) Accordingly, Watts charges can be viewed as “‘usage charges’” and Epstein credits can be viewed as “‘payment credits.’” (In re Marriage of Jeffries (1991) 228 Cal.App.3d 548, 552 .) “The determinations of Watts charges and Epstein credits are matters addressed to the sound discretion of the trial court. ‘When a trial court concludes that property contains both separate and community interests, the court has broad discretion to fashion an apportionment of interests that is equita 2016(In re Marriage of Cooper (2016) ___ Cal.App.4th ___, ___ [ 2016 WL 3138012 , *10] (Cooper); Epstein, at pp. 84-85.) Accordingly, Watts charges can be viewed as “‘usage charges’” and Epstein credits can be viewed as “‘payment credits.’” (In re Marriage of Jeffries (1991) 228 Cal.App.3d 548, 552 .) “The determinations of Watts charges and Epstein credits are matters addressed to the sound discretion of the trial court. ‘When a trial court concludes that property contains both separate and community interests, the court has broad discretion to fashion an apportionment of interests that is equita | 1 | 1 |
In Re Marriage of Bellgreen2 sentences2012“Where one spouse has the exclusive use of a community asset during the period between separation and trial, that spouse may be required to compensate the community for the reasonable value of that use.” (In re Marriage of Garcia (1990) 224 Cal.App.3d 885, 890 [ 274 Cal.Rptr. 194 ].) The right to such compensation is commonly known as a “Watts charge.” (See In re Marriage of Watts (1985) 171 Cal.App.3d 366, 374 [ 217 Cal.Rptr. 301 ].) Where the Watts rule applies, the court is “obligated either to order reimbursement to the community or to offer an explanation for not doing so.” (In re Marriag 2012“Where one spouse has the exclusive use of a community asset during the period between separation and trial, that spouse may be required to compensate the community for the reasonable value of that use.” (In re Marriage of Garcia (1990) 224 Cal.App.3d 885, 890 [ 274 Cal.Rptr. 194 ].) The right to such compensation is commonly known as a “Watts charge.” (See In re Marriage of Watts (1985) 171 Cal.App.3d 366, 374 [ 217 Cal.Rptr. 301 ].) Where the Watts rule applies, the court is “obligated either to order reimbursement to the community or to offer an explanation for not doing so.” (In re Marriag | 1 | 1 |
In Re the Marriage of Garciagreen2 sentences2012“Where one spouse has the exclusive use of a community asset during the period between separation and trial, that spouse may be required to compensate the community for the reasonable value of that use.” (In re Marriage of Garcia (1990) 224 Cal.App.3d 885, 890 [ 274 Cal.Rptr. 194 ].) The right to such compensation is commonly known as a “Watts charge.” (See In re Marriage of Watts (1985) 171 Cal.App.3d 366, 374 [ 217 Cal.Rptr. 301 ].) Where the Watts rule applies, the court is “obligated either to order reimbursement to the community or to offer an explanation for not doing so.” (In re Marriag 2012“Where one spouse has the exclusive use of a community asset during the period between separation and trial, that spouse may be required to compensate the community for the reasonable value of that use.” (In re Marriage of Garcia (1990) 224 Cal.App.3d 885, 890 [ 274 Cal.Rptr. 194 ].) The right to such compensation is commonly known as a “Watts charge.” (See In re Marriage of Watts (1985) 171 Cal.App.3d 366, 374 [ 217 Cal.Rptr. 301 ].) Where the Watts rule applies, the court is “obligated either to order reimbursement to the community or to offer an explanation for not doing so.” (In re Marriag | 1 | 1 |
People v. Enrightgreen2 sentences2004The trial court may cause a factual basis inquiry to be made of the defendant by directly questioning the defendant, or by gamering statements and admissions by his counsel. 5 (Wilkerson, supra, 6 Cal.App.4th at p. 1576.) When both parties stipulate on the record to a document, such as a police report, the factual basis requirement is met. (.People v. Enright (1982) 132 Cal.App.3d 631, 634-635 [ 183 Cal.Rptr. 249 ]; Watts, supra, 61 Cal.App.3d at p. 182.) A summary recitation that “ ‘[t]here’s a factual basis,’ ” however, absent any other attempt by the trial court to develop a factual basis, 2004The trial court may cause a factual basis inquiry to be made of the defendant by directly questioning the defendant, or by gamering statements and admissions by his counsel. 5 (Wilkerson, supra, 6 Cal.App.4th at p. 1576.) When both parties stipulate on the record to a document, such as a police report, the factual basis requirement is met. (.People v. Enright (1982) 132 Cal.App.3d 631, 634-635 [ 183 Cal.Rptr. 249 ]; Watts, supra, 61 Cal.App.3d at p. 182.) A summary recitation that “ ‘[t]here’s a factual basis,’ ” however, absent any other attempt by the trial court to develop a factual basis, | 1 | 1 |
People v. Wilkersongreen2 sentences2004The trial court may cause a factual basis inquiry to be made of the defendant by directly questioning the defendant, or by gamering statements and admissions by his counsel. 5 (Wilkerson, supra, 6 Cal.App.4th at p. 1576.) When both parties stipulate on the record to a document, such as a police report, the factual basis requirement is met. (.People v. Enright (1982) 132 Cal.App.3d 631, 634-635 [ 183 Cal.Rptr. 249 ]; Watts, supra, 61 Cal.App.3d at p. 182.) A summary recitation that “ ‘[t]here’s a factual basis,’ ” however, absent any other attempt by the trial court to develop a factual basis, 2004The trial court may cause a factual basis inquiry to be made of the defendant by directly questioning the defendant, or by gamering statements and admissions by his counsel. 5 (Wilkerson, supra, 6 Cal.App.4th at p. 1576.) When both parties stipulate on the record to a document, such as a police report, the factual basis requirement is met. (.People v. Enright (1982) 132 Cal.App.3d 631, 634-635 [ 183 Cal.Rptr. 249 ]; Watts, supra, 61 Cal.App.3d at p. 182.) A summary recitation that “ ‘[t]here’s a factual basis,’ ” however, absent any other attempt by the trial court to develop a factual basis, | 1 | 1 |
United States v. Felix Corporan-Cuevasgreen2 sentences2004(Tigner, supra, 133 Cal.App.3d at p. 435 .) A reference to a complaint containing a factual basis for each essential element of the crime will be sufficient under section 1192.5 to establish the factual basis for the plea. 6 (See, e.g., United *441 States v. Corporan-Cuevas (1st Cir. 2001) 244 F.3d 199, 203 [“ ‘The method by which the defendant’s understanding of the nature of the charge is determined may vary from case to case, depending on the complexity of the circumstances and the particular defendant. 2004(Tigner, supra, 133 Cal.App.3d at p. 435 .) A reference to a complaint containing a factual basis for each essential element of the crime will be sufficient under section 1192.5 to establish the factual basis for the plea. 6 (See, e.g., United *441 States v. Corporan-Cuevas (1st Cir. 2001) 244 F.3d 199, 203 [“ ‘The method by which the defendant’s understanding of the nature of the charge is determined may vary from case to case, depending on the complexity of the circumstances and the particular defendant. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in California. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
People v. Fosselman
green
2 sentences2018If the court is able to determine the effectiveness issue on such motion, it should do so." ( People v. Fosselman , supra , 33 Cal.3d at pp. 582-583, 189 Cal.Rptr. 855 , 659 P.2d 1144 , italics added.) Here, Watts's claim of ineffective assistance of counsel was not necessarily appropriate for resolution in a new trial motion because it involved defense counsel's action, or inaction, outside the courtroom, in deciding whether to call Little Chris as a witness. 2018If the court is able to determine the effectiveness issue on such motion, it should do so." ( People v. Fosselman , supra , 33 Cal.3d at pp. 582-583, 189 Cal.Rptr. 855 , 659 P.2d 1144 , italics added.) Here, Watts's claim of ineffective assistance of counsel was not necessarily appropriate for resolution in a new trial motion because it involved defense counsel's action, or inaction, outside the courtroom, in deciding whether to call Little Chris as a witness. | 5 | 2017–2018 |
People v. Cox
green
2 sentences2018As the trial court noted, "based on my observation of the way [defense counsel] conducted this trial ..., there is no basis for me to decide he was basically ineffective as to how he basically tried the case." Furthermore, ineffective assistance of counsel claims "must be supported by declarations or other proffered testimony establishing both the substance of the omitted evidence and its likelihood for exonerating the accused." ( People v. Cox (1991) 53 Cal.3d. 618 , 662, 280 Cal.Rptr. 692 , 809 P.2d 351 .) Thus, Watts's failure to provide a declaration or affidavit from defense counsel to su 2018As the trial court noted, "based on my observation of the way [defense counsel] conducted this trial ..., there is no basis for me to decide he was basically ineffective as to how he basically tried the case." Furthermore, ineffective assistance of counsel claims "must be supported by declarations or other proffered testimony establishing both the substance of the omitted evidence and its likelihood for exonerating the accused." ( People v. Cox (1991) 53 Cal.3d. 618 , 662, 280 Cal.Rptr. 692 , 809 P.2d 351 .) Thus, Watts's failure to provide a declaration or affidavit from defense counsel to su | 2 | 2017–2018 |
People v. Myers
green
1 sentence2024(See People v. Myers, supra, 69 Cal.App.4th at p. 310 ].) As stated above, the court found “overwhelming factors in aggravation,” described Watts’s crimes as “senseless,” “cold,” and reflecting “an attitude of just not caring about who you hurt.” Moreover — and contrary to Watts’s claim — the court did “afford great weight” to the 13 mitigating circumstances. | 1 | 2024–2024 |
People v. Talibdeen
green
2 sentences2017First, in our view, we are governed by Talibdeen's legal determination that the penalty is mandatory, even if the Talibdeen defendant did not specifically raise the issue presented here. ( Talibdeen, supra, 27 Cal.4th 1151 .) In Talibdeen, the California Supreme Court considered the question whether the trial court has discretion to waive the Penal Code section 1464 and Government Code section 76000 penalties after the imposition of the same section 11372.5 laboratory fee that is at issue in this case. 2017First, in our view, we are governed by Talibdeen's legal determination that the penalty is mandatory, even if the Talibdeen defendant did not specifically raise the issue presented here. ( Talibdeen, supra, 27 Cal.4th 1151 .) In Talibdeen, the California Supreme Court considered the question whether the trial court has discretion to waive the Penal Code section 1464 and Government Code section 76000 penalties after the imposition of the same section 11372.5 laboratory fee that is at issue in this case. | 1 | 2017–2017 |
In Re the Marriage of Jeffries
green
2 sentences2016(In re Marriage of Cooper (2016) ___ Cal.App.4th ___, ___ [ 2016 WL 3138012 , *10] (Cooper); Epstein, at pp. 84-85.) Accordingly, Watts charges can be viewed as “‘usage charges’” and Epstein credits can be viewed as “‘payment credits.’” (In re Marriage of Jeffries (1991) 228 Cal.App.3d 548, 552 .) “The determinations of Watts charges and Epstein credits are matters addressed to the sound discretion of the trial court. ‘When a trial court concludes that property contains both separate and community interests, the court has broad discretion to fashion an apportionment of interests that is equita 2016(In re Marriage of Cooper (2016) ___ Cal.App.4th ___, ___ [ 2016 WL 3138012 , *10] (Cooper); Epstein, at pp. 84-85.) Accordingly, Watts charges can be viewed as “‘usage charges’” and Epstein credits can be viewed as “‘payment credits.’” (In re Marriage of Jeffries (1991) 228 Cal.App.3d 548, 552 .) “The determinations of Watts charges and Epstein credits are matters addressed to the sound discretion of the trial court. ‘When a trial court concludes that property contains both separate and community interests, the court has broad discretion to fashion an apportionment of interests that is equita | 1 | 2016–2016 |
People v. Tigner
green
2 sentences2004(Tigner, supra, 133 Cal.App.3d at p. 435 .) A reference to a complaint containing a factual basis for each essential element of the crime will be sufficient under section 1192.5 to establish the factual basis for the plea. 6 (See, e.g., United *441 States v. Corporan-Cuevas (1st Cir. 2001) 244 F.3d 199, 203 [“ ‘The method by which the defendant’s understanding of the nature of the charge is determined may vary from case to case, depending on the complexity of the circumstances and the particular defendant. 2004(Tigner, supra, 133 Cal.App.3d at p. 435 .) A reference to a complaint containing a factual basis for each essential element of the crime will be sufficient under section 1192.5 to establish the factual basis for the plea. 6 (See, e.g., United *441 States v. Corporan-Cuevas (1st Cir. 2001) 244 F.3d 199, 203 [“ ‘The method by which the defendant’s understanding of the nature of the charge is determined may vary from case to case, depending on the complexity of the circumstances and the particular defendant. | 1 | 2004–2004 |
Aluisi v. County of Fresno
green
2 sentences1997In the statement of decision, the court stated, in part: “The record of the administrative proceedings as submitted by the Declaration of Estrellita Willis, Secretary to Respondent Civil Service Board, having been received into evidence and examined by the court, and the court having duly taken judicial notice of the Personnel Manual of Rules of the City of Oakland (hereinafter ‘Personnel Rules’) and the unpublished case of Brenda Ivey v. Oakland Civil Service Board (Court of Appeal, First Appellate District, No. A071596) filed May 14, 1996, and no additional evidence having been received, and 1997In the statement of decision, the court stated, in part: “The record of the administrative proceedings as submitted by the Declaration of Estrellita Willis, Secretary to Respondent Civil Service Board, having been received into evidence and examined by the court, and the court having duly taken judicial notice of the Personnel Manual of Rules of the City of Oakland (hereinafter ‘Personnel Rules’) and the unpublished case of Brenda Ivey v. Oakland Civil Service Board (Court of Appeal, First Appellate District, No. A071596) filed May 14, 1996, and no additional evidence having been received, and | 1 | 1997–1997 |
Williams v. State
green
1 sentence1977(See Williams v. State, supra, 316 So.2d at p. 274 ; State v. Rodriguez (1975) 112 Ariz. 193 [ 540 P.2d 665, 667 ].) II. | 1 | 1977–1977 |
State v. Rodriguez
green
2 sentences1977(See Williams v. State, supra, 316 So.2d at p. 274 ; State v. Rodriguez (1975) 112 Ariz. 193 [ 540 P.2d 665, 667 ].) II. 1977(See Williams v. State, supra, 316 So.2d at p. 274 ; State v. Rodriguez (1975) 112 Ariz. 193 [ 540 P.2d 665, 667 ].) II. | 1 | 1977–1977 |
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.