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15 California opinions name it 1 courts 1980–2026 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.
| Case | Followed | Cited |
|---|---|---|
Flannery v. California Highway Patrolgreen2 sentences2023(See, e.g., Nichols v. City of Taft (2007) 155 Cal.App.4th 1233, 1240 [court determines reasonable fee award under fee-shifting statutes including FEHA first “by deciding ‘the reasonable hours spent’ on the case and multiplying that number by ‘the hourly prevailing rate for private attorneys in the community’ ” and then may “adjust the lodestar figure in light of a number of relevant factors that weigh in favor of augmentation or diminution”]; see also Chavez, supra, 47 Cal.4th at pp. 976, 985 [recognizing courts compute attorney fees awarded under the FEHA “based on the lodestar adjustment me 2023(See, e.g., Nichols v. City of Taft (2007) 155 Cal.App.4th 1233, 1240 [court determines reasonable fee award under fee-shifting statutes including FEHA first “by deciding ‘the reasonable hours spent’ on the case and multiplying that number by ‘the hourly prevailing rate for private attorneys in the community’ ” and then may “adjust the lodestar figure in light of a number of relevant factors that weigh in favor of augmentation or diminution”]; see also Chavez, supra, 47 Cal.4th at pp. 976, 985 [recognizing courts compute attorney fees awarded under the FEHA “based on the lodestar adjustment me | 2 | 2 |
Nichols v. City of Taftgreen2 sentences2023(See, e.g., Nichols v. City of Taft (2007) 155 Cal.App.4th 1233, 1240 [court determines reasonable fee award under fee-shifting statutes including FEHA first “by deciding ‘the reasonable hours spent’ on the case and multiplying that number by ‘the hourly prevailing rate for private attorneys in the community’ ” and then may “adjust the lodestar figure in light of a number of relevant factors that weigh in favor of augmentation or diminution”]; see also Chavez, supra, 47 Cal.4th at pp. 976, 985 [recognizing courts compute attorney fees awarded under the FEHA “based on the lodestar adjustment me 2023(See, e.g., Nichols v. City of Taft (2007) 155 Cal.App.4th 1233, 1240 [court determines reasonable fee award under fee-shifting statutes including FEHA first “by deciding ‘the reasonable hours spent’ on the case and multiplying that number by ‘the hourly prevailing rate for private attorneys in the community’ ” and then may “adjust the lodestar figure in light of a number of relevant factors that weigh in favor of augmentation or diminution”]; see also Chavez, supra, 47 Cal.4th at pp. 976, 985 [recognizing courts compute attorney fees awarded under the FEHA “based on the lodestar adjustment me | 2 | 2 |
Chavez v. City of Los Angelesgreen2 sentences2023(See, e.g., Nichols v. City of Taft (2007) 155 Cal.App.4th 1233, 1240 [court determines reasonable fee award under fee-shifting statutes including FEHA first “by deciding ‘the reasonable hours spent’ on the case and multiplying that number by ‘the hourly prevailing rate for private attorneys in the community’ ” and then may “adjust the lodestar figure in light of a number of relevant factors that weigh in favor of augmentation or diminution”]; see also Chavez, supra, 47 Cal.4th at pp. 976, 985 [recognizing courts compute attorney fees awarded under the FEHA “based on the lodestar adjustment me 2023(See, e.g., Nichols v. City of Taft (2007) 155 Cal.App.4th 1233, 1240 [court determines reasonable fee award under fee-shifting statutes including FEHA first “by deciding ‘the reasonable hours spent’ on the case and multiplying that number by ‘the hourly prevailing rate for private attorneys in the community’ ” and then may “adjust the lodestar figure in light of a number of relevant factors that weigh in favor of augmentation or diminution”]; see also Chavez, supra, 47 Cal.4th at pp. 976, 985 [recognizing courts compute attorney fees awarded under the FEHA “based on the lodestar adjustment me | 2 | 2 |
Hart v. Superior Courtgreen2 sentences1990As observed in a different context, “the rule ... is not mechanical. . . .” (Hart v. Superior Court (1971) 21 Cal.App.3d 496, 501 [ 98 Cal.Rptr. 565 ].) A California case relied on by the People indicates that the amount of delay is but one of a number of relevant factors in ascertaining knock-notice compliance. 1990As observed in a different context, “the rule ... is not mechanical. . . .” (Hart v. Superior Court (1971) 21 Cal.App.3d 496, 501 [ 98 Cal.Rptr. 565 ].) A California case relied on by the People indicates that the amount of delay is but one of a number of relevant factors in ascertaining knock-notice compliance. | 2 | 2 |
People v. Chapmangreen2 sentences1990However, such a mathematical formula would trivialize the policies behind the knock-notice rules. (4) As observed in a different context, "the rule ... is not mechanical...." ( Hart v. Superior Court (1971) 21 Cal. App.3d 496, 501 [ 98 Cal. Rptr. 565 ].) A California case relied on by the People indicates that the amount of delay is but one of a number of relevant factors in ascertaining knock-notice compliance. *1226 In People v. Elder (1976) 63 Cal. App.3d 731 [ 134 Cal. Rptr. 212 ] (implicitly overruled on another ground in People v. Chapman (1984) 36 Cal.3d 98, 109-113 [ 201 Cal. Rptr. 628 1990However, such a mathematical formula would trivialize the policies behind the knock-notice rules. (4) As observed in a different context, "the rule ... is not mechanical...." ( Hart v. Superior Court (1971) 21 Cal. App.3d 496, 501 [ 98 Cal. Rptr. 565 ].) A California case relied on by the People indicates that the amount of delay is but one of a number of relevant factors in ascertaining knock-notice compliance. *1226 In People v. Elder (1976) 63 Cal. App.3d 731 [ 134 Cal. Rptr. 212 ] (implicitly overruled on another ground in People v. Chapman (1984) 36 Cal.3d 98, 109-113 [ 201 Cal. Rptr. 628 | 2 | 2 |
Weeks v. Baker & McKenziegreen2 sentences2007(Serrano III, supra, 20 Cal.3d at p. 49 ; Weeks v. Baker & McKenzie (1998) 63 Cal.App.4th 1128, 1171 [ 74 Cal.Rptr.2d 510 ].) As summarized in Ketchum, supra, 24 Cal.4th 1122 : “[T]he lodestar is the basic fee for comparable legal services in the community; it may be adjusted by the court based on factors, including ... (1) the novelty and difficulty of the questions involved, (2) the skill displayed in presenting them, (3) the extent to which the nature of the litigation precluded other employment by the attorneys, [and] (4) the contingent nature of the fee award. [Citation.] The purpose of s 2007(Serrano III, supra, 20 Cal.3d at p. 49 ; Weeks v. Baker & McKenzie (1998) 63 Cal.App.4th 1128, 1171 [ 74 Cal.Rptr.2d 510 ].) As summarized in Ketchum, supra, 24 Cal.4th 1122 : “[T]he lodestar is the basic fee for comparable legal services in the community; it may be adjusted by the court based on factors, including ... (1) the novelty and difficulty of the questions involved, (2) the skill displayed in presenting them, (3) the extent to which the nature of the litigation precluded other employment by the attorneys, [and] (4) the contingent nature of the fee award. [Citation.] The purpose of s | 1 | 1 |
Toyota Motor Sales U.S.A., Inc. v. Superior Courtgreen2 sentences1995Preliminarily, giving the guarantee a value of $250,000, which is the figure set forth in the settlement agreement, and estimating Mattco’s damages at $39 million, the figure used in Helmer & Neff’s moving papers, Helmer & Neff settled with Mattco for less than 1 percent of Mattco’s damages. 5 “A determination as to the good faith of a settlement, within the meaning of section 877.6, necessarily requires the trial court to examine and weigh a number of relevant factors, one of the most important of which is the settling party’s proportionate liability.” (Toyota Motor Sales U.S.A., Inc. v. Supe 1995Preliminarily, giving the guarantee a value of $250,000, which is the figure set forth in the settlement agreement, and estimating Mattco’s damages at $39 million, the figure used in Helmer & Neff’s moving papers, Helmer & Neff settled with Mattco for less than 1 percent of Mattco’s damages. 5 “A determination as to the good faith of a settlement, within the meaning of section 877.6, necessarily requires the trial court to examine and weigh a number of relevant factors, one of the most important of which is the settling party’s proportionate liability.” (Toyota Motor Sales U.S.A., Inc. v. Supe | 1 | 1 |
Serrano v. Unruhgreen2 sentences1989For example, “The [lodestone] figure may be enhanced or diminished after the court considers matters such as those enumerated in Serrano III. . . .” (Italics added.) (Serrano v. Unruh, supra, 32 Cal.3d 621, 626, fn. 6 .) Or, “In Serrano III, this court listed a number of relevant factors the trial court may consider in adjusting the lodestar . . . .” (Italics added.) (Maria P. v. Riles, supra, 43 Cal.3d at p. 1294, fn. 8 .) *974 CRTM maintains that the trial court erred under California law by looking to the relative lack of success of its suit as a factor justifying reduction of the lodestar. 1989For example, “The [lodestone] figure may be enhanced or diminished after the court considers matters such as those enumerated in Serrano III. . . .” (Italics added.) (Serrano v. Unruh, supra, 32 Cal.3d 621, 626, fn. 6 .) Or, “In Serrano III, this court listed a number of relevant factors the trial court may consider in adjusting the lodestar . . . .” (Italics added.) (Maria P. v. Riles, supra, 43 Cal.3d at p. 1294, fn. 8 .) *974 CRTM maintains that the trial court erred under California law by looking to the relative lack of success of its suit as a factor justifying reduction of the lodestar. | 1 | 1 |
Maria P. v. Rilesgreen1 sentence1989For example, “The [lodestone] figure may be enhanced or diminished after the court considers matters such as those enumerated in Serrano III. . . .” (Italics added.) (Serrano v. Unruh, supra, 32 Cal.3d 621, 626, fn. 6 .) Or, “In Serrano III, this court listed a number of relevant factors the trial court may consider in adjusting the lodestar . . . .” (Italics added.) (Maria P. v. Riles, supra, 43 Cal.3d at p. 1294, fn. 8 .) *974 CRTM maintains that the trial court erred under California law by looking to the relative lack of success of its suit as a factor justifying reduction of the lodestar. | 1 | 1 |
In Re Sturmgreen2 sentences1980(In re Rodriguez (1975) 14 Cal.3d 639, 652 [ 122 Cal.Rptr. 552 , 537 P.2d 384 ]; In re Sturm (1974) 11 Cal.3d 258, 268 [ 113 Cal.Rptr. 361 , 521 P.2d 97 ]; In re Schoengarth (1967) 66 Cal.2d 295, 300 [ 57 Cal.Rptr. 600 , 425 P.2d 200 ].) While the use of a firearm could not have extended defendant’s minimum period of parole ineligibility in the absence of a clear legislative intention (People v. Walker, supra, 18 Cal.3d at p. 243), it could reasonably be considered in the array of parole factors influencing the actual length of confinement. 1980(In re Rodriguez (1975) 14 Cal.3d 639, 652 [ 122 Cal.Rptr. 552 , 537 P.2d 384 ]; In re Sturm (1974) 11 Cal.3d 258, 268 [ 113 Cal.Rptr. 361 , 521 P.2d 97 ]; In re Schoengarth (1967) 66 Cal.2d 295, 300 [ 57 Cal.Rptr. 600 , 425 P.2d 200 ].) While the use of a firearm could not have extended defendant’s minimum period of parole ineligibility in the absence of a clear legislative intention (People v. Walker, supra, 18 Cal.3d at p. 243), it could reasonably be considered in the array of parole factors influencing the actual length of confinement. | 1 | 1 |
In Re Rodriguezgreen2 sentences1980(In re Rodriguez (1975) 14 Cal.3d 639, 652 [ 122 Cal.Rptr. 552 , 537 P.2d 384 ]; In re Sturm (1974) 11 Cal.3d 258, 268 [ 113 Cal.Rptr. 361 , 521 P.2d 97 ]; In re Schoengarth (1967) 66 Cal.2d 295, 300 [ 57 Cal.Rptr. 600 , 425 P.2d 200 ].) While the use of a firearm could not have extended defendant’s minimum period of parole ineligibility in the absence of a clear legislative intention (People v. Walker, supra, 18 Cal.3d at p. 243), it could reasonably be considered in the array of parole factors influencing the actual length of confinement. 1980(In re Rodriguez (1975) 14 Cal.3d 639, 652 [ 122 Cal.Rptr. 552 , 537 P.2d 384 ]; In re Sturm (1974) 11 Cal.3d 258, 268 [ 113 Cal.Rptr. 361 , 521 P.2d 97 ]; In re Schoengarth (1967) 66 Cal.2d 295, 300 [ 57 Cal.Rptr. 600 , 425 P.2d 200 ].) While the use of a firearm could not have extended defendant’s minimum period of parole ineligibility in the absence of a clear legislative intention (People v. Walker, supra, 18 Cal.3d at p. 243), it could reasonably be considered in the array of parole factors influencing the actual length of confinement. | 1 | 1 |
In Re Schoengarthgreen2 sentences1980(In re Rodriguez (1975) 14 Cal.3d 639, 652 [ 122 Cal.Rptr. 552 , 537 P.2d 384 ]; In re Sturm (1974) 11 Cal.3d 258, 268 [ 113 Cal.Rptr. 361 , 521 P.2d 97 ]; In re Schoengarth (1967) 66 Cal.2d 295, 300 [ 57 Cal.Rptr. 600 , 425 P.2d 200 ].) While the use of a firearm could not have extended defendant’s minimum period of parole ineligibility in the absence of a clear legislative intention (People v. Walker, supra, 18 Cal.3d at p. 243), it could reasonably be considered in the array of parole factors influencing the actual length of confinement. 1980(In re Rodriguez (1975) 14 Cal.3d 639, 652 [ 122 Cal.Rptr. 552 , 537 P.2d 384 ]; In re Sturm (1974) 11 Cal.3d 258, 268 [ 113 Cal.Rptr. 361 , 521 P.2d 97 ]; In re Schoengarth (1967) 66 Cal.2d 295, 300 [ 57 Cal.Rptr. 600 , 425 P.2d 200 ].) While the use of a firearm could not have extended defendant’s minimum period of parole ineligibility in the absence of a clear legislative intention (People v. Walker, supra, 18 Cal.3d at p. 243), it could reasonably be considered in the array of parole factors influencing the actual length of confinement. | 1 | 1 |
People v. Walkergreen1 sentence1980(In re Rodriguez (1975) 14 Cal.3d 639, 652 [ 122 Cal.Rptr. 552 , 537 P.2d 384 ]; In re Sturm (1974) 11 Cal.3d 258, 268 [ 113 Cal.Rptr. 361 , 521 P.2d 97 ]; In re Schoengarth (1967) 66 Cal.2d 295, 300 [ 57 Cal.Rptr. 600 , 425 P.2d 200 ].) While the use of a firearm could not have extended defendant’s minimum period of parole ineligibility in the absence of a clear legislative intention (People v. Walker, supra, 18 Cal.3d at p. 243), it could reasonably be considered in the array of parole factors influencing the actual length of confinement. | 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. Elder
green
2 sentences1990However, such a mathematical formula would trivialize the policies behind the knock-notice rules. (4) As observed in a different context, "the rule ... is not mechanical...." ( Hart v. Superior Court (1971) 21 Cal. App.3d 496, 501 [ 98 Cal. Rptr. 565 ].) A California case relied on by the People indicates that the amount of delay is but one of a number of relevant factors in ascertaining knock-notice compliance. *1226 In People v. Elder (1976) 63 Cal. App.3d 731 [ 134 Cal. Rptr. 212 ] (implicitly overruled on another ground in People v. Chapman (1984) 36 Cal.3d 98, 109-113 [ 201 Cal. Rptr. 628 1990However, such a mathematical formula would trivialize the policies behind the knock-notice rules. (4) As observed in a different context, "the rule ... is not mechanical...." ( Hart v. Superior Court (1971) 21 Cal. App.3d 496, 501 [ 98 Cal. Rptr. 565 ].) A California case relied on by the People indicates that the amount of delay is but one of a number of relevant factors in ascertaining knock-notice compliance. *1226 In People v. Elder (1976) 63 Cal. App.3d 731 [ 134 Cal. Rptr. 212 ] (implicitly overruled on another ground in People v. Chapman (1984) 36 Cal.3d 98, 109-113 [ 201 Cal. Rptr. 628 | 2 | 1990–1990 |
Alameda County Social Services Agency v. Paula T.
green
1 sentence2026(See R.T., supra, 232 Cal.App.4th at pp. 1300–1301 [juvenile court applied generalized best interest test unguided by the relevant statutory criteria and error not harmless because “court may well have reached a decision more favorable to the relatives had it considered the relative placement preference”]; accord, N.J., supra, 104 Cal.App.5th at pp. 128–129 [failure to independently assess statutory factors was prejudicial where a number of relevant factors favored the relative, but the evidentiary record was not developed because the agency did not provide many details and the relative did no | 1 | 2026–2026 |
People v. Carmony
green
1 sentence2021(People v. Brugman, supra, 62 Cal.App.5th at p. 638; People v. Shaw, supra, 56 Cal.App.5th at p. 587.) “[A] trial court does not abuse its discretion unless its decision is so irrational or arbitrary that no reasonable person could disagree with it.” (People v. Carmony, supra, 33 Cal.4th at p. 377 ; see id. at pp. 376-377 [absent a showing the sentencing decision was irrational or arbitrary, “‘“the trial court is presumed to have acted to achieve legitimate sentencing objectives, and its discretionary determination to impose a particular sentence will not be set aside on review”’”].) Talley co | 1 | 2021–2021 |
Engalla v. Permanente Medical Group, Inc.
green
1 sentence2021(See Engalla v. Permanente Medical Group, Inc. (1997) 15 Cal.4th 951, 982 .) 10 right to compel arbitrate: “ ‘ “(1) whether the party’s actions are inconsistent with the right to arbitrate; (2) whether ‘the litigation machinery has been substantially invoked’ and the parties ‘were well into the preparation of a lawsuit’ before the party notified the opposing party of an intent to arbitrate; (3) whether a party either requested arbitration enforcement close to the trial date or delayed for a long period before seeking a stay; (4) whether a defendant seeking arbitration filed a counterclaim with | 1 | 2021–2021 |
People v. Ewoldt
green
1 sentence2015Our Supreme Court has set forth a number of relevant factors that must be considered when determining whether the prejudicial effect of evidence of prior uncharged offenses outweighs its probative value: “(1) whether the inference created by the evidence is strong; (2) whether the source of evidence concerning the present offense is independent of and unaffected by information about the uncharged offense; (3) whether the defendant was punished for prior misconduct; (4) whether the uncharged offense is more inflammatory than the charged offense; and (5) whether the two incidents occurred close | 1 | 2015–2015 |
People v. Falsetta
green
1 sentence2015(Falsetta, supra, 21 Cal.4th at p. 917 ) Woods argues that section 1108 violates due process. | 1 | 2015–2015 |
People v. Sullivan
green
1 sentence2015Our Supreme Court has set forth a number of relevant factors that must be considered when determining whether the prejudicial effect of evidence of prior uncharged offenses outweighs its probative value: “(1) whether the inference created by the evidence is strong; (2) whether the source of evidence concerning the present offense is independent of and unaffected by information about the uncharged offense; (3) whether the defendant was punished for prior misconduct; (4) whether the uncharged offense is more inflammatory than the charged offense; and (5) whether the two incidents occurred close | 1 | 2015–2015 |
People v. Lewis
green
1 sentence2015(People v. Lewis (2009) 46 Cal.4th 1255, 1286 ; People v. Robertson (2012) 208 Cal.App.4th 965, 991 .) In determining whether to admit sex offense evidence there are a number of relevant factors, identified by case law, that a trial court should consider, including: the nature of the acts; relevance to the current issues; remoteness; degree of certainty of the commission; the likelihood of misleading or confusing jurors or distracting them from the principal inquiry regarding the charged offense[s]; the similarity of the acts to the current offense; potential prejudicial impact on jurors; the | 1 | 2015–2015 |
People v. Robertson
green
1 sentence2015(People v. Lewis (2009) 46 Cal.4th 1255, 1286 ; People v. Robertson (2012) 208 Cal.App.4th 965, 991 .) In determining whether to admit sex offense evidence there are a number of relevant factors, identified by case law, that a trial court should consider, including: the nature of the acts; relevance to the current issues; remoteness; degree of certainty of the commission; the likelihood of misleading or confusing jurors or distracting them from the principal inquiry regarding the charged offense[s]; the similarity of the acts to the current offense; potential prejudicial impact on jurors; the | 1 | 2015–2015 |
Serrano v. Priest
green
1 sentence2007(Serrano III, supra, 20 Cal.3d at p. 49 ; Weeks v. Baker & McKenzie (1998) 63 Cal.App.4th 1128, 1171 [ 74 Cal.Rptr.2d 510 ].) As summarized in Ketchum, supra, 24 Cal.4th 1122 : “[T]he lodestar is the basic fee for comparable legal services in the community; it may be adjusted by the court based on factors, including ... (1) the novelty and difficulty of the questions involved, (2) the skill displayed in presenting them, (3) the extent to which the nature of the litigation precluded other employment by the attorneys, [and] (4) the contingent nature of the fee award. [Citation.] The purpose of s | 1 | 2007–2007 |
Ketchum v. Moses
green
1 sentence2007(Serrano III, supra, 20 Cal.3d at p. 49 ; Weeks v. Baker & McKenzie (1998) 63 Cal.App.4th 1128, 1171 [ 74 Cal.Rptr.2d 510 ].) As summarized in Ketchum, supra, 24 Cal.4th 1122 : “[T]he lodestar is the basic fee for comparable legal services in the community; it may be adjusted by the court based on factors, including ... (1) the novelty and difficulty of the questions involved, (2) the skill displayed in presenting them, (3) the extent to which the nature of the litigation precluded other employment by the attorneys, [and] (4) the contingent nature of the fee award. [Citation.] The purpose of s | 1 | 2007–2007 |
Kleppe v. Sierra Club
green
2 sentences2004Plaintiffs sought a declaration that the agencies were required to prepare a regionwide, comprehensive environmental impact statement. ( Kleppe, supra, 427 U.S. at pp. 394-396.) The Supreme Court disagreed, finding: “The determination of the region, if any, with respect to which a comprehensive statement is necessary requires the weighing of a number of relevant factors, including the extent of the interrelationship among proposed actions and practical considerations of feasibility. 2004Resolving these issues requires a high level of technical expertise and is properly left to the informed discretion of the responsible federal agencies. [Citation.] Absent a showing of arbitrary action, we must assume that the agencies have exercised this discretion appropriately.” (Kleppe, supra, 427 U.S. at p. 412 .) The environmental plaintiffs argued the coal-related projects would produce a wide variety of cumulative environmental impacts throughout the Northern Great Plains region. | 1 | 2004–2004 |
Tech-Bilt, Inc. v. Woodward-Clyde & Associates
green
1 sentence1994(Tech-Bilt, Inc. v. Woodward-Clyde & Associates, supra, 38 Cal.3d at p. 499 .) A judge charting the boundaries of good faith of necessity must avoid a rigid application of the factors set forth in Tech-Bilt. | 1 | 1994–1994 |
Press v. Lucky Stores, Inc.
green
1 sentence1989They rely on Press v. Lucky Stores, Inc., supra, 34 Cal. 3d 311 . | 1 | 1989–1989 |
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.