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17 California opinions name it 2 courts 1869–2025 2 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 |
|---|---|---|
Regoli v. Stevensongreen2 sentences1936(Crow v. Crow, 168 Cal. 607, 611 [ 143 Pac. 689 ] ; Regoli v. Stevenson, 179 Cal. 257, 258 [ 176 Pac. 158 ].) Furthermore, the burden was on the appellant Nelson (the employer) to show that respondent could have obtained other employment by the use of reasonable diligence and the approximate wage he would have probably received. 1936(Crow v. Crow, 168 Cal. 607, 611 [ 143 Pac. 689 ] ; Regoli v. Stevenson, 179 Cal. 257, 258 [ 176 Pac. 158 ].) Furthermore, the burden was on the appellant Nelson (the employer) to show that respondent could have obtained other employment by the use of reasonable diligence and the approximate wage he would have probably received. | 2 | 2 |
Crow v. Crowgreen2 sentences1936(Crow v. Crow, 168 Cal. 607, 611 [ 143 Pac. 689 ] ; Regoli v. Stevenson, 179 Cal. 257, 258 [ 176 Pac. 158 ].) Furthermore, the burden was on the appellant Nelson (the employer) to show that respondent could have obtained other employment by the use of reasonable diligence and the approximate wage he would have probably received. 1936(Crow v. Crow, 168 Cal. 607, 611 [ 143 Pac. 689 ] ; Regoli v. Stevenson, 179 Cal. 257, 258 [ 176 Pac. 158 ].) Furthermore, the burden was on the appellant Nelson (the employer) to show that respondent could have obtained other employment by the use of reasonable diligence and the approximate wage he would have probably received. | 1 | 2 |
People v. Matthew A.green1 sentence2013(In re Matthew A. (2008) 165 Cal.App.4th 537, 539, 541-542 ; In re Ali A. (2006) 139 Cal.App.4th 569, 571 .) We will modify the judgment by striking the court’s specification of a maximum term of physical confinement. | 1 | 1 |
Pacific Fruit Express Co. v. McColgangreen2 sentences1987(El Dorado Oil Works v. McColgan (1950) 34 Cal.2d 731, 737-738 [ 215 P.2d 4 ]; Pacific Fruit Express Co. v. McColgan (1944) 67 Cal.App.2d 93, 101-102 [ 153 P.2d 607 ].) “The essential requirement is the Legislature’s specification of a standard—‘an intelligible principle to which the person or body authorized to [administer the act] is directed to conform’ [citation]— but it may leave to the administrative agency the precise determination necessary to bring the standard into operation.” (El Dorado Oil Works v. McColgan, supra, 34 Cal.2d 731, 738 .) Section 25.12(h) surely complies with this pr 1987(El Dorado Oil Works v. McColgan (1950) 34 Cal.2d 731, 737-738 [ 215 P.2d 4 ]; Pacific Fruit Express Co. v. McColgan (1944) 67 Cal.App.2d 93, 101-102 [ 153 P.2d 607 ].) “The essential requirement is the Legislature’s specification of a standard—‘an intelligible principle to which the person or body authorized to [administer the act] is directed to conform’ [citation]— but it may leave to the administrative agency the precise determination necessary to bring the standard into operation.” (El Dorado Oil Works v. McColgan, supra, 34 Cal.2d 731, 738 .) Section 25.12(h) surely complies with this pr | 1 | 1 |
El Dorado Oil Works v. McColgangreen2 sentences1987(El Dorado Oil Works v. McColgan (1950) 34 Cal.2d 731, 737-738 [ 215 P.2d 4 ]; Pacific Fruit Express Co. v. McColgan (1944) 67 Cal.App.2d 93, 101-102 [ 153 P.2d 607 ].) “The essential requirement is the Legislature’s specification of a standard—‘an intelligible principle to which the person or body authorized to [administer the act] is directed to conform’ [citation]— but it may leave to the administrative agency the precise determination necessary to bring the standard into operation.” (El Dorado Oil Works v. McColgan, supra, 34 Cal.2d 731, 738 .) Section 25.12(h) surely complies with this pr 1987(El Dorado Oil Works v. McColgan (1950) 34 Cal.2d 731, 737-738 [ 215 P.2d 4 ]; Pacific Fruit Express Co. v. McColgan (1944) 67 Cal.App.2d 93, 101-102 [ 153 P.2d 607 ].) “The essential requirement is the Legislature’s specification of a standard—‘an intelligible principle to which the person or body authorized to [administer the act] is directed to conform’ [citation]— but it may leave to the administrative agency the precise determination necessary to bring the standard into operation.” (El Dorado Oil Works v. McColgan, supra, 34 Cal.2d 731, 738 .) Section 25.12(h) surely complies with this pr | 1 | 1 |
J. W. Hampton, Jr., & Co. v. United Statesgreen2 sentences1950XIII, § 14, subd. (d), authorizing the imposition of the old corporation franchise tax) that the Legislature need not prescribe the exact method by which the tax is to be fixed, but “may delegate to its taxing officers the power to adopt a suitable method.” (Utah Construction Co. v. Richardson, 187 Cal. 649, 652 [ 203 P. 401 ].) The essential requirement is the Legislature’s specification of a standard—“an intelligible principle to which the person or body authorized to [administer the act] is directed to conform” (Hampton & Co. v. United States, 276 U.S. 394, 409 [ 48 S.Ct. 348 , 72 L.Ed. 624 1950XIII, § 14, subd. (d), authorizing the imposition of the old corporation franchise tax) that the Legislature need not prescribe the exact method by which the tax is to be fixed, but “may delegate to its taxing officers the power to adopt a suitable method.” (Utah Construction Co. v. Richardson, 187 Cal. 649, 652 [ 203 P. 401 ].) The essential requirement is the Legislature’s specification of a standard—“an intelligible principle to which the person or body authorized to [administer the act] is directed to conform” (Hampton & Co. v. United States, 276 U.S. 394, 409 [ 48 S.Ct. 348 , 72 L.Ed. 624 | 1 | 1 |
Utah Construction Co. v. Richardsongreen2 sentences1950XIII, § 14, subd. (d), authorizing the imposition of the old corporation franchise tax) that the Legislature need not prescribe the exact method by which the tax is to be fixed, but “may delegate to its taxing officers the power to adopt a suitable method.” (Utah Construction Co. v. Richardson, 187 Cal. 649, 652 [ 203 P. 401 ].) The essential requirement is the Legislature’s specification of a standard—“an intelligible principle to which the person or body authorized to [administer the act] is directed to conform” (Hampton & Co. v. United States, 276 U.S. 394, 409 [ 48 S.Ct. 348 , 72 L.Ed. 624 1950XIII, § 14, subd. (d), authorizing the imposition of the old corporation franchise tax) that the Legislature need not prescribe the exact method by which the tax is to be fixed, but “may delegate to its taxing officers the power to adopt a suitable method.” (Utah Construction Co. v. Richardson, 187 Cal. 649, 652 [ 203 P. 401 ].) The essential requirement is the Legislature’s specification of a standard—“an intelligible principle to which the person or body authorized to [administer the act] is directed to conform” (Hampton & Co. v. United States, 276 U.S. 394, 409 [ 48 S.Ct. 348 , 72 L.Ed. 624 | 1 | 1 |
Estate of Trefrengreen2 sentences1949(Estate of Trefren, 86 Cal.App.2d 139 *568 [ 194 P.2d 574, 575 ]; Estate of Bristol, 23 Cal.2d 221, 223 [ 143 P.2d 689 ], and cases cited.) Under this rule we must view the evidence in the light most favorable to respondent and resolve all conflicts in her favor. 1949(Estate of Trefren, 86 Cal.App.2d 139 *568 [ 194 P.2d 574, 575 ]; Estate of Bristol, 23 Cal.2d 221, 223 [ 143 P.2d 689 ], and cases cited.) Under this rule we must view the evidence in the light most favorable to respondent and resolve all conflicts in her favor. | 1 | 1 |
Estate of Bristol v. Younggreen2 sentences1949(Estate of Trefren, 86 Cal.App.2d 139 *568 [ 194 P.2d 574, 575 ]; Estate of Bristol, 23 Cal.2d 221, 223 [ 143 P.2d 689 ], and cases cited.) Under this rule we must view the evidence in the light most favorable to respondent and resolve all conflicts in her favor. 1949(Estate of Trefren, 86 Cal.App.2d 139 *568 [ 194 P.2d 574, 575 ]; Estate of Bristol, 23 Cal.2d 221, 223 [ 143 P.2d 689 ], and cases cited.) Under this rule we must view the evidence in the light most favorable to respondent and resolve all conflicts in her favor. | 1 | 1 |
In Re the Estate of De Laveagagreen2 sentences1926As to the specification of error resulting from impeachment of the same witness because of his lack of memory of the facts to which his attention was directed, it is unquestionable that the law as expressed in the authorities sustain appellant’s position that “where a witness called by a party has simply failed to testify to all that party expected or desired, but has not given testimony against him, it is not permissible for the party calling him to prove that such witness had previously made statements which, if sworn to at the trial, would tend to make out his case. ’ ’ (People v. Creeks, 1 1926As to the specification of error resulting from impeachment of the same witness because of his lack of memory of the facts to which his attention was directed, it is unquestionable that the law as expressed in the authorities sustain appellant’s position that “where a witness called by a party has simply failed to testify to all that party expected or desired, but has not given testimony against him, it is not permissible for the party calling him to prove that such witness had previously made statements which, if sworn to at the trial, would tend to make out his case. ’ ’ (People v. Creeks, 1 | 1 | 1 |
People v. Creeksgreen2 sentences1926As to the specification of error resulting from impeachment of the same witness because of his lack of memory of the facts to which his attention was directed, it is unquestionable that the law as expressed in the authorities sustain appellant’s position that “where a witness called by a party has simply failed to testify to all that party expected or desired, but has not given testimony against him, it is not permissible for the party calling him to prove that such witness had previously made statements which, if sworn to at the trial, would tend to make out his case. ’ ’ (People v. Creeks, 1 1926As to the specification of error resulting from impeachment of the same witness because of his lack of memory of the facts to which his attention was directed, it is unquestionable that the law as expressed in the authorities sustain appellant’s position that “where a witness called by a party has simply failed to testify to all that party expected or desired, but has not given testimony against him, it is not permissible for the party calling him to prove that such witness had previously made statements which, if sworn to at the trial, would tend to make out his case. ’ ’ (People v. Creeks, 1 | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in California. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Bingham v. CTS Corp.
green
2 sentences2020The materials specified “particular safeguarding devices to be used while certain types of work are performed” with the machine. ( Bingham, supra, 231 Cal.App.3d at pp. 66-67.) Not surprisingly, the court found this “constitute[d] a specification or requirement” under section 4558. 2020The materials specified “particular safeguarding devices to be used while certain types of work are performed” with the machine. ( Bingham, supra, 231 Cal.App.3d at pp. 66-67.) Not surprisingly, the court found this “constitute[d] a specification or requirement” under section 4558. | 2 | 2020–2020 |
Gorman v. Tassajara Development Corp.
green
1 sentence2025There is no requirement that trial courts “explain their decisions on all motions for attorney fees and costs.” (Gorman, supra, 178 Cal.App.4th at p. 67 .) Though it is true appellate review is “facilitated” by a specification of the factors considered in selecting a multiplier, “failure to do so does not compel a reversal.” (Taylor v. Nabors Drilling USA, LP (2014) 222 Cal.App.4th 1228, 1249 .) A trial court is not required to provide further explanation of a multiplier unless the record does not support the upward adjustment of the lodestar. | 1 | 2025–2025 |
Pellegrino v. Robert Half International, Inc.
green
1 sentence2025(Pellegrino v. Robert Half Internat., Inc. (2010) 182 Cal.App.4th 278, 291 .) Instead, reviewing courts “ ‘presume that the trial court considered all appropriate factors in selecting a multiplier and applying it to the lodestar figure.’ ” (Taylor, at p. 1249.) Here, the record supports the upward adjustment of the lodestar. | 1 | 2025–2025 |
Taylor v. Nabors Drilling USA, LP
green
1 sentence2025There is no requirement that trial courts “explain their decisions on all motions for attorney fees and costs.” (Gorman, supra, 178 Cal.App.4th at p. 67 .) Though it is true appellate review is “facilitated” by a specification of the factors considered in selecting a multiplier, “failure to do so does not compel a reversal.” (Taylor v. Nabors Drilling USA, LP (2014) 222 Cal.App.4th 1228, 1249 .) A trial court is not required to provide further explanation of a multiplier unless the record does not support the upward adjustment of the lodestar. | 1 | 2025–2025 |
Mercer v. Perez
green
1 sentence2024A. Procedural Requirements for a New Trial Order A trial court may order a new trial based on “[i]nsufficiency of the evidence to justify the verdict.” (§ 657, subd. (6).) To do so, the court must weigh the evidence and be “convinced from the entire record, including reasonable inferences therefrom, that the . . . jury clearly should have reached a different verdict.” (§ 657.) An order granting a new trial “shall specify the ground or grounds upon which it is granted and the court’s reason or reasons for granting the new trial upon each ground stated.” (§ 657.) “This level of specificity is re | 1 | 2024–2024 |
People v. Ali A.
green
1 sentence2013(In re Matthew A. (2008) 165 Cal.App.4th 537, 539, 541-542 ; In re Ali A. (2006) 139 Cal.App.4th 569, 571 .) We will modify the judgment by striking the court’s specification of a maximum term of physical confinement. | 1 | 2013–2013 |
Houge v. Ford
green
2 sentences1973In Houge v. Ford, 44 Cal.2d 706 [ 285 P.2d 257 ], also, an assignment was executed by the client subsequent to the making of the contingent fee agreement. 1973In Houge v. Ford, 44 Cal.2d 706 [ 285 P.2d 257 ], also, an assignment was executed by the client subsequent to the making of the contingent fee agreement. | 1 | 1973–1973 |
Butler Bros. v. McColgan, Franchise Tax Commissioner
green
2 sentences1950Section 10 complies with this principle in “calling for a method of allocation which is ‘fairly calculated’ to assign to California that portion of the net income ‘reasonably attributable’ to the business done there.” (Butler Brothers v. McColgan, supra, 315 U.S. 501, 506 .) The three-factor formula of property, payroll, and sales here applied by defendant in the apportionment of plaintiff’s unitary business within and without the state has been recognized as sufficiently diversified to “reflect ‘the relative contribution of [out-of-state] activities ... to the production of the total unitary 1950Section 10 complies with this principle in “calling for a method of allocation which is ‘fairly calculated’ to assign to California that portion of the net income ‘reasonably attributable’ to the business done there.” (Butler Brothers v. McColgan, supra, 315 U.S. 501, 506 .) The three-factor formula of property, payroll, and sales here applied by defendant in the apportionment of plaintiff’s unitary business within and without the state has been recognized as sufficiently diversified to “reflect ‘the relative contribution of [out-of-state] activities ... to the production of the total unitary | 1 | 1950–1950 |
Butler Brothers v. McColgan
green
1 sentence1950Section 10 complies with this principle in “calling for a method of allocation which is ‘fairly calculated’ to assign to California that portion of the net income ‘reasonably attributable’ to the business done there.” (Butler Brothers v. McColgan, supra, 315 U.S. 501, 506 .) The three-factor formula of property, payroll, and sales here applied by defendant in the apportionment of plaintiff’s unitary business within and without the state has been recognized as sufficiently diversified to “reflect ‘the relative contribution of [out-of-state] activities ... to the production of the total unitary | 1 | 1950–1950 |
Edison California Stores, Inc. v. McColgan
green
1 sentence1950Section 10 complies with this principle in “calling for a method of allocation which is ‘fairly calculated’ to assign to California that portion of the net income ‘reasonably attributable’ to the business done there.” (Butler Brothers v. McColgan, supra, 315 U.S. 501, 506 .) The three-factor formula of property, payroll, and sales here applied by defendant in the apportionment of plaintiff’s unitary business within and without the state has been recognized as sufficiently diversified to “reflect ‘the relative contribution of [out-of-state] activities ... to the production of the total unitary | 1 | 1950–1950 |
People v. Oates
green
2 sentences1926(People v. Muhlner, 115 Cal. 306 [ 47 Pac. 128 ].) The only acquittal in this case was of the major crime charged, but this, as the attorney-general says in his brief, did not ‘include an acquittal of an intent to take indecent liberties or to practice other lewd and lascivious acts or to commit any other unlawful act such as may constitute an assault. ’ We conclude, therefore, that the conviction of simple assault must be sustained under the evidence in this case.” In another case (People v. Oates, 142 Cal. 12 [ 75 Pac. 337 ], where the defendant was likewise accused by the information as was 1926(People v. Muhlner, 115 Cal. 306 [ 47 Pac. 128 ].) The only acquittal in this case was of the major crime charged, but this, as the attorney-general says in his brief, did not ‘include an acquittal of an intent to take indecent liberties or to practice other lewd and lascivious acts or to commit any other unlawful act such as may constitute an assault. ’ We conclude, therefore, that the conviction of simple assault must be sustained under the evidence in this case.” In another case (People v. Oates, 142 Cal. 12 [ 75 Pac. 337 ], where the defendant was likewise accused by the information as was | 1 | 1926–1926 |
Méndez v. González
neutral
1 sentence1926(People v. Muhlner, 115 Cal. 306 [ 47 Pac. 128 ].) The only acquittal in this case was of the major crime charged, but this, as the attorney-general says in his brief, did not ‘include an acquittal of an intent to take indecent liberties or to practice other lewd and lascivious acts or to commit any other unlawful act such as may constitute an assault. ’ We conclude, therefore, that the conviction of simple assault must be sustained under the evidence in this case.” In another case (People v. Oates, 142 Cal. 12 [ 75 Pac. 337 ], where the defendant was likewise accused by the information as was | 1 | 1926–1926 |
People v. Dole
green
1 sentence1926Referring now to the specification of error designated as G, which complains of the court’s failure to instruct the jury that the defendant was entitled to the individual opinion of the jurors, we can probably add nothing to what was said or the admonition given to trial courts concerning the right of a defendant to an instruction that he is entitled to the individual opinion of the jurors in the eases of People v. Dole, 122 Cal. 486 [ 62 Am. | 1 | 1926–1926 |
Bell v. Staacke
green
2 sentences1914(Bell v. Staacke, 141 Cal. 186 , [ 74 Pac. 774 ].) But nevertheless the specifications in any case must be sufficient to convey fair and correct knowledge both to the adverse party and to the trial court of the precise findings excepted to as not being sustained by the evidence, and this for the very manifest purpose that the adverse party may know what evidence by way of amendments to embody in the statement or bill and that the trial court’s attention may be directed to these designated matters. 1914(Bell v. Staacke, 141 Cal. 186 , [ 74 Pac. 774 ].) But nevertheless the specifications in any case must be sufficient to convey fair and correct knowledge both to the adverse party and to the trial court of the precise findings excepted to as not being sustained by the evidence, and this for the very manifest purpose that the adverse party may know what evidence by way of amendments to embody in the statement or bill and that the trial court’s attention may be directed to these designated matters. | 1 | 1914–1914 |
Hathaway v. Davis
green
1 sentence1869(Hathaway v. Davis, 33 Cal. 161 .) The only remaining specification of error is based upon the alleged insufficiency of the affidavit for attachment. | 1 | 1869–1869 |
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.