specification error (California) · Go Syfert
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specification error in California

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.

Followed or applied (11)

CaseFollowedCited
Regoli v. Stevensongreen
cal · 1918 · cited in 2 California opinions naming this issue, 1932–1936
2 sentences

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.

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.

22
Crow v. Crowgreen
cal · 1914 · cited in 2 California opinions naming this issue, 1931–1936
2 sentences

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.

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.

12
People v. Matthew A.green
calctapp · 2008 · cited in 1 California opinions naming this issue, 2013–2013
1 sentence

2013(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.

11
Pacific Fruit Express Co. v. McColgangreen
calctapp · 1944 · cited in 1 California opinions naming this issue, 1987–1987
2 sentences

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

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

11
El Dorado Oil Works v. McColgangreen
cal · 1950 · cited in 1 California opinions naming this issue, 1987–1987
2 sentences

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

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

11
J. W. Hampton, Jr., & Co. v. United Statesgreen
scotus · 1928 · cited in 1 California opinions naming this issue, 1950–1950
2 sentences

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

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

11
Utah Construction Co. v. Richardsongreen
cal · 1921 · cited in 1 California opinions naming this issue, 1950–1950
2 sentences

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

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

11
Estate of Trefrengreen
calctapp · 1948 · cited in 1 California opinions naming this issue, 1949–1949
2 sentences

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.

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.

11
Estate of Bristol v. Younggreen
cal · 1943 · cited in 1 California opinions naming this issue, 1949–1949
2 sentences

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.

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.

11
In Re the Estate of De Laveagagreen
cal · 1913 · cited in 1 California opinions naming this issue, 1926–1926
2 sentences

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

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

11
People v. Creeksgreen
cal · 1904 · cited in 1 California opinions naming this issue, 1926–1926
2 sentences

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

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

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 (15)

CaseCitedYears
Bingham v. CTS Corp. green
calctapp · 1991
2 sentences

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.

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.

22020–2020
Gorman v. Tassajara Development Corp. green
calctapp · 2009
1 sentence

2025There 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.

12025–2025
Pellegrino v. Robert Half International, Inc. green
calctapp · 2010
1 sentence

2025(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.

12025–2025
Taylor v. Nabors Drilling USA, LP green
calctapp · 2014
1 sentence

2025There 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.

12025–2025
Mercer v. Perez green
cal · 1968
1 sentence

2024A. 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

12024–2024
People v. Ali A. green
calctapp · 2006
1 sentence

2013(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.

12013–2013
Houge v. Ford green
cal · 1955
2 sentences

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.

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.

11973–1973
Butler Bros. v. McColgan, Franchise Tax Commissioner green
scotus · 1942
2 sentences

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

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

11950–1950
Butler Brothers v. McColgan green
cal · 1941
1 sentence

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

11950–1950
Edison California Stores, Inc. v. McColgan green
cal · 1947
1 sentence

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

11950–1950
People v. Oates green
cal · 1904
2 sentences

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

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

11926–1926
Méndez v. González neutral
prsupreme · 1934
1 sentence

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

11926–1926
People v. Dole green
cal · 1898
1 sentence

1926Referring 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.

11926–1926
Bell v. Staacke green
cal · 1903
2 sentences

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.

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.

11914–1914
Hathaway v. Davis green
cal · 1867
1 sentence

1869(Hathaway v. Davis, 33 Cal. 161 .) The only remaining specification of error is based upon the alleged insufficiency of the affidavit for attachment.

11869–1869

Where else courts name it

LA 48 (1964–2017) MT 32 (1896–2021) KS 30 (1911–2000) IN 28 (1895–1997) ND 18 (1910–2020) HI 17 (1945–1981) CA 17 (1869–2025) AK 16 (1965–1990) NJ 13 (1963–2021) OK 13 (1913–1981) PA 7 (1900–1982) ID 7 (1923–1985) OH 7 (1923–2016) NY 5 (1920–1993) MN 5 (1903–1944) MO 5 (1920–1965) MA 4 (1979–2005) TX 3 (1922–2015) OR 2 (1892–1989) MI 2 (1897–1979) IA 2 (1912–1937) SC 2 (1928–1979)

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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