Already have an account? Sign in instead.
You stay signed in for 30 days on this browser.
Continue with Google Continue with MicrosoftNo account yet? Create a free one.
We sent a six-digit code.
It expires in ten minutes, works once, and only in this browser. Five wrong tries void it. Send another code.
Your account is live and the Cloudflare checks are off for this browser.
104 California opinions name it 3 courts 1930–2026 27 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 |
|---|---|---|
Singh v. Lipworth CA3green2 sentences2026(See Singh v. Lipworth (2014) 227 Cal.App.4th 813, 817 [contention forfeited absent meaningful analysis supported by citation to authority].) 5 Undesignated statutory references are to this code. 13 added that the officer’s report was a summary containing ambiguous phrasing, explaining that “locking brakes could be back brakes, front brakes, both brakes, nobody knows.” The court rejected Suzuki’s argument that the statement was relevant to show Soulliere did not mention brake failure, stating the exception is “for statements made, not for statements not made.” While we appreciate the court’s e 2026(See Singh v. Lipworth (2014) 227 Cal.App.4th 813, 817 [contention forfeited absent meaningful analysis supported by citation to authority].) 5 Undesignated statutory references are to this code. 13 added that the officer’s report was a summary containing ambiguous phrasing, explaining that “locking brakes could be back brakes, front brakes, both brakes, nobody knows.” The court rejected Suzuki’s argument that the statement was relevant to show Soulliere did not mention brake failure, stating the exception is “for statements made, not for statements not made.” While we appreciate the court’s e | 2 | 2 |
People v. Davisgreen2 sentences2023(See People v. Davis (1995) 10 Cal.4th 463, 548 [no duty to investigate juror misconduct or bias that is based on mere speculation].) Defendant, for his part, cites no authority supporting a contrary result. 2023(See People v. Davis (1995) 10 Cal.4th 463, 548 [no duty to investigate juror bias that is based on mere speculation].) The trial court did not possess any information which, if proven true, constituted “good cause” to doubt Juror No. 3’s ability to perform her duty to render an impartial and unbiased verdict. | 2 | 2 |
People v. Cowangreen2 sentences2026(Fairbank et al., Cal. Practice Guide: Civil Trials and Evidence (The Rutter Group 2025) ¶ 8:1363.) If they are met, the writing may be read into evidence. (§ 1237, subd. (b).) As with other preliminary facts, the trial court generally decides if the witness’s affirmation of the statement as true is sufficiently reliable. (§ 405, subd. (a); People v. Cowan (2010) 50 Cal.4th 401, 467 .) But when “[t]he proffered evidence is of a statement . . . of a particular person and the preliminary fact is whether that person made the statement,” the court’s role 6 Vehicle Code section 20013 makes accident 2026(Fairbank et al., Cal. Practice Guide: Civil Trials and Evidence (The Rutter Group 2025) ¶ 8:1363.) If they are met, the writing may be read into evidence. (§ 1237, subd. (b).) As with other preliminary facts, the trial court generally decides if the witness’s affirmation of the statement as true is sufficiently reliable. (§ 405, subd. (a); People v. Cowan (2010) 50 Cal.4th 401, 467 .) But when “[t]he proffered evidence is of a statement . . . of a particular person and the preliminary fact is whether that person made the statement,” the court’s role 6 Vehicle Code section 20013 makes accident | 1 | 2 |
The Diocese of Quincy v. The Episcopal Churchgreen2 sentences2016The court noted that the central issue underlying the parties’ dispute was “‘who owns the disputed property.’” (Diocese of Quincy, supra, 14 N.E.3d at p. 1257 .) The Diocese of Quincy court then explained that “[d]etermining whether the Diocese could leave the Church or identifying the leaders of the continuing diocese is unnecessary for purposes of answering that question.” Further, “such determinations would necessarily involve an extensive inquiry into church polity.” (Ibid.) Rather, the court may apply neutral principles of law by considering sources such as deeds, bylaws, articles of inco 2016The court noted that the central issue underlying the parties’ dispute was “ ‘who owns the disputed property.’ ” (Diocese of Quincy, supra, 14 N.E.3d at p. 1257.) The Diocese of Quincy court then explained that “[djetermining whether the Diocese could leave the Church or identifying the leaders of the continuing diocese is unnecessary for purposes of answering that question.” (Ibid.) Further, “such determinations would necessarily involve an extensive inquiry into church polity.” (Ibid.) Rather, the court may apply neutral principles of law by considering sources such as deeds, bylaws, article | 1 | 2 |
People v. Hollowaygreen2 sentences2016(People v. Holloway (2004) 33 Cal.4th 96, 126 [ 14 Cal.Rptr.3d 212 , 91 P.3d 164 ] (Holloway).) Defendant also forfeited his claim of error arising from the trial court’s failure to discharge the juror. 2014(Holloway, at p. 127.) Similarly here, having failed to suggest any additional inquiry was required after the court questioned and discharged juror No. 3, Easter prevented the court from considering any arguments for conducting a more extensive inquiry that might have included the questioning of juror No. 4, Detective Barrera, and or Blackwell, and, thus, Easter "'is not privileged to make the argument now for the first time on appeal.'" 10 ( Holloway, supra, 33 Cal.4th at pp. 126-127.) When the court told the attorneys that it would discuss the "potential juror misconduct issue" with juror No | 1 | 2 |
People v. Eubanksgreen2 sentences2013(People v. Eubanks (2011) 53 Cal.4th 110, 140 [ 134 Cal.Rptr.3d 795 , 266 P.3d 301 ].) Here, an extensive hearing pursuant to Evidence Code section 402 was held before trial in which Dr. Meloy related his educational history, his study of the subject of sexual homicide, his personal interviews and observations of subjects, his published papers, and his conclusions regarding sexual homicide. 2013(People v. Eubanks (2011) 53 Cal.4th 110, 140 [ 134 Cal.Rptr.3d 795 , 266 P.3d 301 ].) Here, an extensive hearing pursuant to Evidence Code section 402 was held before trial in which Dr. Meloy related his educational history, his study of the subject of sexual homicide, his personal interviews and observations of subjects, his published papers, and his conclusions regarding sexual homicide. | 1 | 2 |
In re Manriquezgreen1 sentence2024(In re Manriquez (2018) 5 Cal.5th 785, 818 [“Although it was misconduct for Juror C.B. not to answer the pretrial juror questionnaire accurately, there is no substantial likelihood she was actually biased against petitioner.” (Italics added.)]; People v. Green (1995) 31 Cal.App.4th 1001 , 1019–1020 [finding the presumption of prejudice rebutted because “the trial court expressly found after an extensive inquiry that [the ineligible juror] had no actual bias against defendant”].) 42 Bias does not necessarily mean bias for or against a particular party. | 1 | 1 |
New York State Rifle & Pistol Assn., Inc. v. Bruengreen1 sentence2024So even if a modern-day regulation is not a dead ringer for historical precursors, it still may be analogous enough to pass constitutional muster.” (Id. at p. 30.) After conducting an extensive analysis of historical sources dating from the thirteenth century to the twentieth century, the Bruen court concluded that “American governments simply have not broadly prohibited the public carry of commonly used firearms for personal defense.” (Bruen, supra, 597 U.S. at p. 70; see id. at p. 38 [“the historical record … does not demonstrate a tradition of broadly prohibiting the public carry of commonl | 1 | 1 |
Swars v. Council of City of Vallejogreen1 sentence2023(See 9 Swars v. Council of City of Vallegio (1949) 33 Cal.2d 867, 872 [“A Court in making findings may, and commonly does incorporate by reference”].) That brief contains an extensive analysis of and discussion on why the Louderbacks cannot prevail, including a showing that there is no necessity. | 1 | 1 |
Los Angeles County Department of Children & Family Services v. Lydia O.green1 sentence2022(See In re J.C., supra, 77 Cal.App.5th at p. 81 [“the extensive inquiry requirements under section 224.2 presume that a parent’s declaration on the ICWA-020 form . . . is not enough and that the child protective agency must do more than look at the form”]; In re Y.W., supra, 70 Cal.App.5th at p. 554 [“parents may not know their possible relationship with or connection to an Indian tribe”]; In re S.R., supra, 64 Cal.App.5th at p. 314 [“tribal affiliations and . . . connections are easily lost,” and parents may have “no idea of their family’s connection to” a tribe, even when there is one]; In r | 1 | 1 |
| Blanks v. Seyfarth Shaw LLPgreen | 1 | 1 |
| People v. Calderongreen | 1 | 1 |
| People v. Lawrencegreen | 1 | 1 |
| Skidmore v. Swift & Co.green | 1 | 1 |
| AMADOR VALLEY JT. UN. HIGH SCH. v. State Bd. of Equal.green | 1 | 1 |
| Masonite Corp. v. Pacific Gas & Electric Co.green | 1 | 1 |
| Red Mountain, LLC v. Fallbrook Public Utility Districtgreen | 1 | 1 |
| Santa Clara County Local Transportation Authority v. Guardinogreen | 1 | 1 |
| People v. Danielsgreen | 1 | 1 |
| People v. Williamsgreen | 1 | 1 |
| People v. Sanchezgreen | 1 | 1 |
| People v. Reyesgreen | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
People v. Kellyred2 sentences2016Following 3 People v. Kelly (1976) 17 Cal.3d 24 (Kelly), abrogated by statute on another point as explained in People v. Wilkinson (2004) 33 Cal.4th 821, 845-848 . 8 argument on the motion, the trial court held an extensive hearing pursuant to Evidence Code section 802.4 Dr. Cheng had bachelor’s and master’s degrees in mechanics and structures from University of California at Los Angeles, and a Ph.D. in structural engineering and structural mechanics from University of California at Berkeley. 2013Rosenblatt, conducted an extensive hearing to determine (1) whether the STU (which Hamm used to create the scent pads from the casings found at the scene, both in Salcido and in the present case) meets the test of reliability under People v. Kelly (1976) 17 Cal.3d 24 (Kelly);7 (2) whether human scent is unique; (3) how long scent will remain at a location; (4) how long captured scent will remain on a gauze pad; (5) whether, as a breed, bloodhounds have acute powers of scent and scent discrimination; (6) whether dogs can be trained to discriminate between scents, such as in a scent lineup; and | 1 | 2 |
| Case | Cited | Years |
|---|---|---|
People v. Collins
red
2 sentences2022(Id. at pp. 1244-1245, disapproved on other grounds in People v. Soto (2011) 51 Cal.4th 229, 248 .) In People v Collins (1976) 17 Cal.3d 687 , the court held an extensive hearing in which a juror steadfastly maintained that she could not follow the court’s instructions, that she had been upset throughout the trial and that she wanted to be excused. 2002"The extensive hearing in which the juror steadfastly maintained that she could not follow the court's instructions, that she had been upset throughout the trial and that she wanted to be excused, clearly justified a conclusion that she could not perform her duty and thus established good cause for her discharge." ( Id. at p. 696, 131 Cal.Rptr. 782 , 552 P.2d 742 .) As a result of its conclusion that good cause existed, the court did not address "[defendant's contention that he was placed twice in jeopardy by the substitution of an alternate juror without legal necessity or his consent.... | 3 | 2001–2022 |
Black Panther Party v. Kehoe
green
2 sentences2016(Kehoe, at pp. 650, 654.) Kehoe nonetheless ordered the documents disclosed on the basis of a “special basis for disclosure” raised by the plaintiffs—that the Bureau “routinely discloses complaints to the affected collection agencies.” (Kehoe, supra, 42 Cal.App.3d at p. 655 .) As the court explained: “The defendant state agencies assert authority to give collection agencies access to citizens’ complaints and to deny access to plaintiffs. 2015(Kehoe, at pp. 650, 654.) Kehoe nonetheless ordered the documents disclosed on the basis of a “special basis for disclosure” raised by the plaintiffs — that the Bureau “routinely discloses complaints to the affected collection agencies.” (Kehoe, supra, 42 Cal.App.3d at p. 655 .) As the court explained: “The defendant state agencies assert authority to give collection agencies access to citizens’ complaints and to deny access to plaintiffs. | 3 | 2015–2016 |
People v. Jackson
green
2 sentences2025(People v. Jackson (2016) 1 Cal.5th 269, 334 .) After conducting an extensive inquiry of the jurors, the court further admonished them to not research or discuss the case and to keep an open mind. 2022(Jackson, supra, 1 Cal.5th at p. 334 .) After conducting an extensive inquiry of the jurors, the court further admonished them to not research or discuss the case and to keep an open mind. | 2 | 2022–2025 |
People v. Zaragoza
green
2 sentences2023(People v. Zaragoza (2016) 1 Cal.5th 21, 59 .) Forfeiture aside, we see no abuse of discretion. 2023(People v. Zaragoza (2016) 1 Cal.5th 21, 59 .) Further, the claim it is forfeited because it is a conclusory contention unsupported by meaningful legal analysis. | 2 | 2023–2023 |
People v. Henderson
green
2 sentences2022(Henderson, supra, 9 Cal.5th at p. 1022 .) Second, although Patterson should not have contacted defendant to request an interview, he did not ask further questions after defendant invoked his right to counsel. 2022(Henderson, supra, 9 Cal.5th at p. 1022 .) Second, although Patterson should not have contacted defendant to request an interview, he did not ask further questions after defendant invoked his right to counsel. | 2 | 2022–2022 |
People v. Chhoun
green
2 sentences2022(See People v. Orloff (2016) 2 Cal.App.5th 947, 957 .) “If defendant believed a more extensive instruction was needed, it was his burden to request one.” (People v. Chhuon (2021) 11 Cal.5th 1, 33 .) Ramos argues the 2009 incident was “extremely remote” and cumulative.4 In support, he relies upon People v. Leon (2008) 161 Cal.App.4th 149 . 2022(See People v. Orloff (2016) 2 Cal.App.5th 947, 957 .) “If defendant believed a more extensive instruction was needed, it was his burden to request one.” (People v. Chhuon (2021) 11 Cal.5th 1, 33 .) Ramos argues the 2009 incident was “extremely remote” and cumulative. 4 In support, he relies upon People v. Leon (2008) 161 Cal.App.4th 149 . | 2 | 2022–2022 |
People v. Leon
green
2 sentences2022(See People v. Orloff (2016) 2 Cal.App.5th 947, 957 .) “If defendant believed a more extensive instruction was needed, it was his burden to request one.” (People v. Chhuon (2021) 11 Cal.5th 1, 33 .) Ramos argues the 2009 incident was “extremely remote” and cumulative.4 In support, he relies upon People v. Leon (2008) 161 Cal.App.4th 149 . 2022(See People v. Orloff (2016) 2 Cal.App.5th 947, 957 .) “If defendant believed a more extensive instruction was needed, it was his burden to request one.” (People v. Chhuon (2021) 11 Cal.5th 1, 33 .) Ramos argues the 2009 incident was “extremely remote” and cumulative. 4 In support, he relies upon People v. Leon (2008) 161 Cal.App.4th 149 . | 2 | 2022–2022 |
People v. Orloff
green
2 sentences2022(See People v. Orloff (2016) 2 Cal.App.5th 947, 957 .) “If defendant believed a more extensive instruction was needed, it was his burden to request one.” (People v. Chhuon (2021) 11 Cal.5th 1, 33 .) Ramos argues the 2009 incident was “extremely remote” and cumulative.4 In support, he relies upon People v. Leon (2008) 161 Cal.App.4th 149 . 2022(See People v. Orloff (2016) 2 Cal.App.5th 947, 957 .) “If defendant believed a more extensive instruction was needed, it was his burden to request one.” (People v. Chhuon (2021) 11 Cal.5th 1, 33 .) Ramos argues the 2009 incident was “extremely remote” and cumulative. 4 In support, he relies upon People v. Leon (2008) 161 Cal.App.4th 149 . | 2 | 2022–2022 |
Episcopal Church Cases
green
2 sentences2016(Cf. Episcopal Church Cases, supra, 45 Cal.4th at p. 485 .) It should also be noted that, because an inquiry into church polity is required, the trial court did not have jurisdiction to make an independent finding on the question of whether a diocese can unilaterally leave the Episcopal Church. c. 2016(Cf. Episcopal Church Cases, supra, 45 Cal.4th at p. 485 .) It should also be noted that, because an inquiry into church polity is required, the trial court did not have jurisdiction to make *270 an independent finding on the question of whether a diocese can unilaterally leave the Episcopal Church. c. | 2 | 2016–2016 |
People v. McNeal
green
2 sentences1991The court indicated “. . . it is the court’s duty to make whatever inquiry is reasonably necessary to determine if the juror should be discharged and whether the impartiality of the other jurors has been affected.” (Id. at p. 839.) The court’s failure to hold a more extensive hearing, as was required by section 1120, was determined to be reversible error under the “harmless beyond a reasonable doubt” standard. ( 90 Cal.App.3d at p. 846 .) In Burgener , the court concluded that, even in the absence of a statutory mandate such as section 1120, requiring that a hearing be held, an inquiry “. . . 1991In McNeal , the trial court received a note from a juror indicating the juror had personal knowledge about the case which “. . . definitely had a bearing on the way she will vote.” ( 90 Cal.App.3d at p. 835 .) The trial court made a cursory inquiry of the juror, and the appellate court reversed holding that section 1120 mandated a more extensive inquiry. 4 (Id. at p. 837.) In Burgener , the jury foreman informed the trial court in chambers that one of the jurors had been intoxicated on the previous day and was presently *1480 intoxicated as well. | 2 | 1991–2001 |
Santisas v. Goodin
green
1 sentence2026(Santisas, supra, 17 Cal.4th at p. 603 .) The Supreme Court noted “the complaint alleged that ‘defendants breached the contract by failing to provide for the premises to be without structural defect and roof leakage; failing to replace chimney caps; failing to install downspout; failing to repair broken front door lock; failing to complete work recommended by Dudley Termite report, including the second inspection; and all the work necessary for energy conservation ordinance clearance including the repair of the windows.’ ” (Id. at p. 615.) The Supreme Court engaged in this extensive analysis t | 1 | 2026–2026 |
People v. Cleveland
green
1 sentence2025(See Cleveland, supra, 25 Cal.4th at pp. 476, 480.) The court also could have spoken first to Juror No. 5 before questioning the other jurors because Juror No. 5 may have been in the best position to respond to the accusations against him. | 1 | 2025–2025 |
People v. Wallace
green
1 sentence2025The evidence was more than “minimally relevant” to motive, intent, and identity. “ ‘ “The test of relevance is whether the evidence tends ‘ “logically, naturally, and by reasonable inference” to establish material facts such as identity, intent, or 23 motive.’ ” ’ ” (People v. Wallace (2008) 44 Cal.4th 1032, 1058 .) Austin directly put identity at issue by denying his presence at the scene. | 1 | 2025–2025 |
People v. Green
green
1 sentence2024(In re Manriquez (2018) 5 Cal.5th 785, 818 [“Although it was misconduct for Juror C.B. not to answer the pretrial juror questionnaire accurately, there is no substantial likelihood she was actually biased against petitioner.” (Italics added.)]; People v. Green (1995) 31 Cal.App.4th 1001 , 1019–1020 [finding the presumption of prejudice rebutted because “the trial court expressly found after an extensive inquiry that [the ineligible juror] had no actual bias against defendant”].) 42 Bias does not necessarily mean bias for or against a particular party. | 1 | 2024–2024 |
Birbrower, Montalbano, Condon & Frank v. Superior Court
green
1 sentence2024(If anything, something close to the reverse is true—Williamson assisted Thannhaeuser in hiring Kitson.) The Ninth Circuit found that “Birbrower suggested that fees would have been awarded for the practice of law engaged in California by the out-of-state members of the firm if a ‘firm attorney engaged in that practice was an active member of the California State Bar.’ ” (Winterrowd, supra, 556 F.3d at p. 822 .) The full statement in Birbrower reads: “Birbrower engaged in unauthorized law practice in California on more than a limited basis, and no firm attorney engaged in that practice was an 1 | 1 | 2024–2024 |
Winterrowd v. American General Annuity Insurance
green
1 sentence2024(If anything, something close to the reverse is true—Williamson assisted Thannhaeuser in hiring Kitson.) The Ninth Circuit found that “Birbrower suggested that fees would have been awarded for the practice of law engaged in California by the out-of-state members of the firm if a ‘firm attorney engaged in that practice was an active member of the California State Bar.’ ” (Winterrowd, supra, 556 F.3d at p. 822 .) The full statement in Birbrower reads: “Birbrower engaged in unauthorized law practice in California on more than a limited basis, and no firm attorney engaged in that practice was an 1 | 1 | 2024–2024 |
Prentis-Margulis v. Margulis
green
2 sentences2023If the managing spouse fails to meet this burden, the court should charge the managing spouse with the assets according to the prima facie showing.” (Margulis, supra, 198 Cal.App.4th at p. 1267 .) Applying these rules, the Margulis court held that the husband, as the managing spouse, had a “duty to account for his postseparation management of” missing funds, and thus the burden shifted to him to prove they were properly used. ( Margulis, supra, 198 Cal.App.4th at pp. 1266-1267, 1280.) The Margulis court therefore reversed because of the family court’s “erroneous placement of the burden of proo 2023If the managing spouse fails to meet this burden, the court should charge the managing spouse with the assets according to the prima facie showing.” (Margulis, supra, 198 Cal.App.4th at p. 1267 .) Applying these rules, the Margulis court held that the husband, as the managing spouse, had a “duty to account for his postseparation management of” missing funds, and thus the burden shifted to him to prove they were properly used. ( Margulis, supra, 198 Cal.App.4th at pp. 1266-1267, 1280.) The Margulis court therefore reversed because of the family court’s “erroneous placement of the burden of proo | 1 | 2023–2023 |
| People v. Ray green | 1 | 2022–2022 |
| People v. Carrasco green | 1 | 2022–2022 |
L. A. Cnty. Dep't of Children & Family Servs. v. Shawn M. (In re Elizabeth M.)
green
1 sentence2022Lexis 281, at *15] [“the extensive inquiry requirements under section 224.2 presume that a parent’s declaration on the ICWA-020 form, reliable or not, is not enough and that the child protective agency must do more than look at the form”]; In re Y.W., supra, 70 Cal.App.5th at p. 556 [“the point of the statutory requirement that the social worker ask all relevant individuals whether a child is or may be an Indian child” is “to obtain information the parent may not have”].) Further, the maternal grandmother’s uncertainty as to which tribe the family belonged to and her mention of a tribe that wa | 1 | 2022–2022 |
People v. Soto
green
1 sentence2022(Id. at pp. 1244-1245, disapproved on other grounds in People v. Soto (2011) 51 Cal.4th 229, 248 .) In People v Collins (1976) 17 Cal.3d 687 , the court held an extensive hearing in which a juror steadfastly maintained that she could not follow the court’s instructions, that she had been upset throughout the trial and that she wanted to be excused. | 1 | 2022–2022 |
| People v. Hernandez green | 1 | 2021–2021 |
| People v. Bruner green | 1 | 2021–2021 |
| People v. Brunette green | 1 | 2021–2021 |
| People v. Santa Ana green | 1 | 2021–2021 |
| Roy Allan Slurry Seal, Inc. v. Am. Asphalt S., Inc. green | 1 | 2021–2021 |
| HUONG QUE, INC. v. Luu green | 1 | 2020–2020 |
| People v. Taylor green | 1 | 2019–2019 |
| Walker v. ALLSTATE INDEMNITY COMPANY green | 1 | 2018–2018 |
| Chicago Title Insurance v. Great Western Financial Corp. green | 1 | 2018–2018 |
| Save Tara v. City of West Hollywood green | 1 | 2018–2018 |
| People v. Wilkinson green | 1 | 2016–2016 |
| Kachlon v. Markowitz green | 1 | 2016–2016 |
| People v. Franklin green | 1 | 2016–2016 |
| Carter v. Dept. of Veterans Affairs green | 1 | 2016–2016 |
| Neighbors for Smart Rail v. Exposition Metro Line Construction Authority green | 1 | 2015–2015 |
| Silverado Modjeska Recreation & Park District v. County of Orange green | 1 | 2014–2014 |
| People v. Holmes green | 1 | 2014–2014 |
| Strickland v. Washington green | 1 | 2013–2013 |
| In Re Estrada green | 1 | 2013–2013 |
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.