time-honored rule (California) · Go Syfert
← California issues

time-honored rule in California

104 California opinions name it 3 courts 1901–2025 6 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 (59)

CaseFollowedCited
People v. Browngreen
cal · 2012 · cited in 24 California opinions naming this issue, 2012–2025
2 sentences

2025Proc., § 3), as codifying ‘the time- honored principle . . . that in the absence of an express retroactivity provision, a statute will not be applied retroactively unless it is very clear from extrinsic sources that the Legislature . . . must have intended a retroactive application.’ [Citations.] In applying this principle, [the court has] been cautious not to infer retroactive intent from vague phrases and broad, general language in statutes. [Citations.] Consequently, ‘“a statute that is ambiguous with respect to retroactive application is construed . . . to be unambiguously prospective.”’ [

2024(Brown, supra, 54 Cal.4th at p. 324 ; see Evangelatos, supra, 44 Cal.3d at pp. 1208–1209 [“California continues to adhere to the time- honored principle . . . that in the absence of an express 11 PEOPLE v. BURGOS Opinion of the Court by Guerrero, C.

1424
Evangelatos v. Superior Courtgreen
cal · 1988 · cited in 14 California opinions naming this issue, 1988–2024
2 sentences

2024(Brown, supra, 54 Cal.4th at p. 324 ; see Evangelatos, supra, 44 Cal.3d at pp. 1208–1209 [“California continues to adhere to the time- honored principle . . . that in the absence of an express 11 PEOPLE v. BURGOS Opinion of the Court by Guerrero, C.

2017The presumption in favor of the prospective application of statutes "It is well settled that a new statute is presumed to operate prospectively absent an express declaration of retrospectivity or a clear indication that the electorate, or the Legislature, intended otherwise." (Tapia v. Superior Court (1991) 53 Cal.3d 282, 287 (Tapia).)14 "The presumption of prospectivity assures that reasonable reliance on current legal principles will not be defeated in the absence of a clear indication of a legislative intent to override such reliance." (Evangelatos v. Superior Court (1988) 44 Cal.3d 1188, 1

1014
Richter v. Walkergreen
cal · 1951 · cited in 12 California opinions naming this issue, 1951–1961
2 sentences

1961It is the time-honored rule that “in examining the sufficiency of the evidence to support a questioned finding, an appellate court must accept as true all evidence tending to establish the correctness of the finding as made, taking into account, as well, all inferences which might reasonably have been thought by the trial court to lead to the same conclusion.” (Bancroft-Whitney Co. v. McHugh, 166 Cal. 140, 142 [ 134 P. 1157 ]; Richter v. Walker, 36 Cal.2d 634, 640 [ 226 P.2d 593 ]; Arvin-Kern Co. v. B.

1961It is the time-honored rule that “in examining the sufficiency of the evidence to support a questioned finding, an appellate court must accept as true all evidence tending to establish the correctness of the finding as made, taking into account, as well, all inferences which might reasonably have been thought by the trial court to lead to the same conclusion.” (Bancroft-Whitney Co. v. McHugh, 166 Cal. 140, 142 [ 134 P. 1157 ]; Richter v. Walker, 36 Cal.2d 634, 640 [ 226 P.2d 593 ]; Arvin-Kern Co. v. B.

1012
Tapia v. Superior Courtgreen
cal · 1991 · cited in 4 California opinions naming this issue, 2000–2017
2 sentences

2017The presumption in favor of the prospective application of statutes "It is well settled that a new statute is presumed to operate prospectively absent an express declaration of retrospectivity or a clear indication that the electorate, or the Legislature, intended otherwise." (Tapia v. Superior Court (1991) 53 Cal.3d 282, 287 (Tapia).)14 "The presumption of prospectivity assures that reasonable reliance on current legal principles will not be defeated in the absence of a clear indication of a legislative intent to override such reliance." (Evangelatos v. Superior Court (1988) 44 Cal.3d 1188, 1

2013Proc., § 3), as codifying ‘the time-honored principle . . . that in the absence of an express retroactivity provision, a statute will not be applied retroactively unless it is very clear from extrinsic sources that the Legislature . . . must have intended a retroactive application.’ [Citations.] In applying this principle, we have been cautious not to infer retroactive intent from vague phrases and broad, general language in statutes. [Citations.] Consequently, ‘ “a statute that is ambiguous with respect to retroactive application is construed ... to be unambiguously prospective.” ’ [Citation.

44
Myers v. Philip Morris Companies, Inc.green
cal · 2002 · cited in 3 California opinions naming this issue, 2010–2015
2 sentences

2010(Myers v. Philip Morris Companies, Inc. (2002) 28 Cal.4th 828, 841 [ 123 Cal.Rptr.2d 40 , 50 P.3d 751 ].) A statute is retroactive when it “change[s] the legal consequences of past conduct by imposing new or different liabilities .. . .” (Tapia v. Superior Court (1991) 53 Cal.3d 282, 291 [ 279 Cal.Rptr. 592 , 807 P.2d 434 ].) “California continues to adhere to the time-honored principle . . . that in the absence of an express retroactivity provision, a statute will not be applied retroactively unless it is very clear from extrinsic sources that the Legislature or the voters must have intended

2010(Myers v. Philip Morris Companies, Inc. (2002) 28 Cal.4th 828, 841 [ 123 Cal.Rptr.2d 40 , 50 P.3d 751 ].) A statute is retroactive when it “change[s] the legal consequences of past conduct by imposing new or different liabilities .. . .” (Tapia v. Superior Court (1991) 53 Cal.3d 282, 291 [ 279 Cal.Rptr. 592 , 807 P.2d 434 ].) “California continues to adhere to the time-honored principle . . . that in the absence of an express retroactivity provision, a statute will not be applied retroactively unless it is very clear from extrinsic sources that the Legislature or the voters must have intended

33
People Ex Rel. Department of Public Works v. Nahabediangreen
calctapp · 1959 · cited in 3 California opinions naming this issue, 1963–1999
2 sentences

1999“It is a time honored rule that where the parties and the court proceed throughout the trial upon a theory that a certain issue is presented for adjudication, the doctrine of estoppel precludes either party *1324 from thereafter asserting that no such issue was in controversy, even though it was not actually raised by the pleadings.” (People v. Nahabedian (1959) 171 Cal.App.2d 302, 306 [ 340 P.2d 1053 ].) The same rational should preclude either party from asserting the issue was not in controversy because it was not enumerated in a stipulation designating issues.

1999“It is a time honored rule that where the parties and the court proceed throughout the trial upon a theory that a certain issue is presented for adjudication, the doctrine of estoppel precludes either party *1324 from thereafter asserting that no such issue was in controversy, even though it was not actually raised by the pleadings.” (People v. Nahabedian (1959) 171 Cal.App.2d 302, 306 [ 340 P.2d 1053 ].) The same rational should preclude either party from asserting the issue was not in controversy because it was not enumerated in a stipulation designating issues.

33
Miller v. Petersgreen
cal · 1951 · cited in 3 California opinions naming this issue, 1959–1964
2 sentences

1959It is a time honored rule that where the parties and the court proceed throughout the trial upon a theory that a certain issue is presented for adjudication, the doctrine of estoppel precludes either party from thereafter asserting that no such issue was in controversy, even though it was not actually raised by the pleadings (Miller v. Peters, 37 Cal.2d 89, 93 [ 230 P.2d 803 ] ; People v. Lucas, 155 Cal.App.2d 1, 5 [ 317 P.2d 104 ]).

1959It is a time honored rule that where the parties and the court proceed throughout the trial upon a theory that a certain issue is presented for adjudication, the doctrine of estoppel precludes either party from thereafter asserting that no such issue was in controversy, even though it was not actually raised by the pleadings (Miller v. Peters, 37 Cal.2d 89, 93 [ 230 P.2d 803 ] ; People v. Lucas, 155 Cal.App.2d 1, 5 [ 317 P.2d 104 ]).

33
People v. Newlandgreen
cal · 1940 · cited in 3 California opinions naming this issue, 1959–1962
2 sentences

1961Sufficiency of the Evidence When the sufficiency of the evidence to sustain a verdict is attacked upon appeal, the inquiry is whether there is any substantial evidence, direct or indirect, contradicted or uncontradicted, to support the conclusion reached (People v. Daugherty, 40 Cal.2d 876, 885 [ 256 P.2d 911 ]; People v. Newland, 15 Cal.2d 678, 681 [ 104 P.2d 778 ]), and the facts herein must be stated in accord with this time-honored rule.

1961Sufficiency of the Evidence When the sufficiency of the evidence to sustain a verdict is attacked upon appeal, the inquiry is whether there is any substantial evidence, direct or indirect, contradicted or uncontradicted, to support the conclusion reached (People v. Daugherty, 40 Cal.2d 876, 885 [ 256 P.2d 911 ]; People v. Newland, 15 Cal.2d 678, 681 [ 104 P.2d 778 ]), and the facts herein must be stated in accord with this time-honored rule.

33
Crawford v. Southern Pacific Co.green
cal · 1935 · cited in 5 California opinions naming this issue, 1952–2013
2 sentences

1961Under the time-honored rule requiring us to accept as true whatever substantial evidence was presented to the trial court, including the inferences reasonably deducible therefrom, which will support the findings implicit in and essential to its order (Griffith Co. v. San Diego College for Women, 45 Cal.2d 501, 507-508 [ 289 P.2d 476 , 47 A.L.R.2d 1349 ]; Martinez v. Southern Pacific Co., 45 Cal.2d 244, 248 [ 288 P.2d 868 ] ; Murray v. Superior Court, 44 Cal.2d 611, 619 [ 284 P.2d 1 ] ; Crawford v. Southern Pacific Co., 3 Cal.2d 427, 429 [ 45 P.2d 183 ] ; People v. Savin, 37 Cal.App.2d 105, 108

1961Under the time-honored rule requiring us to accept as true whatever substantial evidence was presented to the trial court, including the inferences reasonably deducible therefrom, which will support the findings implicit in and essential to its order (Griffith Co. v. San Diego College for Women, 45 Cal.2d 501, 507-508 [ 289 P.2d 476 , 47 A.L.R.2d 1349 ]; Martinez v. Southern Pacific Co., 45 Cal.2d 244, 248 [ 288 P.2d 868 ] ; Murray v. Superior Court, 44 Cal.2d 611, 619 [ 284 P.2d 1 ] ; Crawford v. Southern Pacific Co., 3 Cal.2d 427, 429 [ 45 P.2d 183 ] ; People v. Savin, 37 Cal.App.2d 105, 108

25
Estate of Bristol v. Younggreen
cal · 1943 · cited in 4 California opinions naming this issue, 1952–1961
2 sentences

1961The time-honored rule is that an appellate court will not attempt to substitute its judgment for that of the trial court when the question is simply one of weighing the testimony of appellant’s witnesses against those of the respondents (Fifield v. Greeley, 132 Cal.App.2d 512, 515 [ 282 P.2d 552 ]; Anglin v. Conway, 41 Cal.2d 683, 688 [ 263 P.2d 1 ]; Berniker v. Berniker, 30 Cal.2d 439, 444 [ 182 P.2d 557 ]; Estate of Bristol, 23 Cal.2d 221, 223 [ 143 P.2d 689 ]).

1961The time-honored rule is that an appellate court will not attempt to substitute its judgment for that of the trial court when the question is simply one of weighing the testimony of appellant’s witnesses against those of the respondents (Fifield v. Greeley, 132 Cal.App.2d 512, 515 [ 282 P.2d 552 ]; Anglin v. Conway, 41 Cal.2d 683, 688 [ 263 P.2d 1 ]; Berniker v. Berniker, 30 Cal.2d 439, 444 [ 182 P.2d 557 ]; Estate of Bristol, 23 Cal.2d 221, 223 [ 143 P.2d 689 ]).

24
CALIFORNIANS FOR DISAB. RIGHTS v. Mervyn'sgreen
cal · 2006 · cited in 3 California opinions naming this issue, 2010–2015
2 sentences

2010(Myers v. Philip Morris Companies, Inc. (2002) 28 Cal.4th 828, 841 [ 123 Cal.Rptr.2d 40 , 50 P.3d 751 ].) A statute is retroactive when it “change[s] the legal consequences of past conduct by imposing new or different liabilities .. . .” (Tapia v. Superior Court (1991) 53 Cal.3d 282, 291 [ 279 Cal.Rptr. 592 , 807 P.2d 434 ].) “California continues to adhere to the time-honored principle . . . that in the absence of an express retroactivity provision, a statute will not be applied retroactively unless it is very clear from extrinsic sources that the Legislature or the voters must have intended

2010(Myers v. Philip Morris Companies, Inc. (2002) 28 Cal.4th 828, 841 [ 123 Cal.Rptr.2d 40 , 50 P.3d 751 ].) A statute is retroactive when it “change[s] the legal consequences of past conduct by imposing new or different liabilities .. . .” (Tapia v. Superior Court (1991) 53 Cal.3d 282, 291 [ 279 Cal.Rptr. 592 , 807 P.2d 434 ].) “California continues to adhere to the time-honored principle . . . that in the absence of an express retroactivity provision, a statute will not be applied retroactively unless it is very clear from extrinsic sources that the Legislature or the voters must have intended

23
Oldenburg v. Sears, Roebuck & Co.green
calctapp · 1957 · cited in 2 California opinions naming this issue, 2021–2021
2 sentences

2021(See Oldenburg v. Sears, Roebuck & Co. (1957) 152 Cal.App.2d 733, 742 [recognizing the time-honored principle that the trier of fact is the exclusive judge of the credibility of the evidence and can reject evidence as unworthy of credence].) The record also shows SDOG offered the testimony of Ms. Quiroz to support its claim it paid taxes on food and soft drinks at the “boot camp.” While she confirmed the “boot camp” was held within the jurisdiction of District, she, like Mr. Quiroz, was unable to offer any details including when it was held, where it was held, how much tax was paid, and who wa

2021(See Oldenburg v. Sears, Roebuck & Co. (1957) 152 Cal.App.2d 733, 742 [recognizing the time-honored principle that the trier of fact is the exclusive judge of the credibility of the evidence and can reject evidence as unworthy of credence].) The record also shows SDOG offered the testimony of Ms. Quiroz to support its claim it paid taxes on food and soft drinks at the “boot camp.” While she confirmed the “boot camp” was held within the jurisdiction of District, she, like Mr. Quiroz, was unable to offer any details including when it was held, where it was held, how much tax was paid, and who wa

22
People v. Arnogreen
calctapp · 1979 · cited in 2 California opinions naming this issue, 2015–2015
2 sentences

2015(See People v. Arno (1979) 90 Cal.App.3d 505, 514, fn. 2 [ 153 Cal.Rptr. 624 ].) As we shall explain, the time-honored rule of ejusdem generis requires that in the context of construing Health and Safety Code section 42300, subdivision (a) a state park is not a “contrivance.” Thus, the trial court erroneously ruled that a local air pollution control district has the power to regulate air emissions emanating from a state park by a permit requirement.

2015(See People v. Arno (1979) 90 Cal.App.3d 505, 514, fn. 2 [ 153 Cal.Rptr. 624 ].) As we shall explain, the time-honored rule of ejusdem generis requires that in the context of construing Health and Safety Code section 42300, subdivision (a) a state park is not a “contrivance.” Thus, the trial court erroneously ruled that a local air pollution control district has the power to regulate air emissions emanating from a state park by a permit requirement.

22
People v. Hayesgreen
cal · 1989 · cited in 2 California opinions naming this issue, 2000–2007
2 sentences

2007It is to be applied only after, considering all pertinent factors, it is determined that it is impossible to ascertain the legislative intent." Later, in People v. Hayes (1989) 49 Cal.3d 1260, 1274 , 265 Cal.Rptr. 132 , 783 P.2d 719 , we held that section 3 means that "[a] new statute is generally presumed to operate prospectively absent an express declaration of retroactivity or a clear and compelling implication that the Legislature intended otherwise." (Italics added; cf. Evangelatos v. Superior Court (1988) 44 Cal.3d 1188, 1208-1209 , 246 Cal. Rptr. 629 , 753 P.2d 585 ["California continue

2007It is to be applied only after, considering all pertinent factors, it is determined that it is impossible to ascertain the legislative intent." Later, in People v. Hayes (1989) 49 Cal.3d 1260, 1274 , 265 Cal.Rptr. 132 , 783 P.2d 719 , we held that section 3 means that "[a] new statute is generally presumed to operate prospectively absent an express declaration of retroactivity or a clear and compelling implication that the Legislature intended otherwise." (Italics added; cf. Evangelatos v. Superior Court (1988) 44 Cal.3d 1188, 1208-1209 , 246 Cal. Rptr. 629 , 753 P.2d 585 ["California continue

22
Forslund v. Forslundgreen
calctapp · 1964 · cited in 2 California opinions naming this issue, 2001–2001
2 sentences

2001They do not alter the time-honored rule that a judgment of dissolution involving the custody and maintenance of minors "is not final," and that, as to child support, "the litigation must be regarded as still pending." ( Reynolds, supra, 21 Cal.2d at p. 584 , 134 P.2d 251 ; accord, Forslund v. Forslund (1964) 225 Cal.App.2d 476, 487 , 37 Cal.Rptr. 489 ; Russ v. Russ (1945) 68 Cal.App.2d 400, 405 , 156 P.2d 767 , disapproved on another point in Allen v. Allen (1947) 30 Cal.2d 433, 435 , 182 P.2d 551 .) Indeed, the two statutes were necessary precisely because of that rule.

2001They do not alter the time-honored rule that a judgment of dissolution involving the custody and maintenance of minors "is not final," and that, as to child support, "the litigation must be regarded as still pending." ( Reynolds, supra, 21 Cal.2d at p. 584 , 134 P.2d 251 ; accord, Forslund v. Forslund (1964) 225 Cal.App.2d 476, 487 , 37 Cal.Rptr. 489 ; Russ v. Russ (1945) 68 Cal.App.2d 400, 405 , 156 P.2d 767 , disapproved on another point in Allen v. Allen (1947) 30 Cal.2d 433, 435 , 182 P.2d 551 .) Indeed, the two statutes were necessary precisely because of that rule.

22
People v. Lucasgreen
calctapp · 1957 · cited in 2 California opinions naming this issue, 1959–1963
2 sentences

1959It is a time honored rule that where the parties and the court proceed throughout the trial upon a theory that a certain issue is presented for adjudication, the doctrine of estoppel precludes either party from thereafter asserting that no such issue was in controversy, even though it was not actually raised by the pleadings (Miller v. Peters, 37 Cal.2d 89, 93 [ 230 P.2d 803 ] ; People v. Lucas, 155 Cal.App.2d 1, 5 [ 317 P.2d 104 ]).

1959It is a time honored rule that where the parties and the court proceed throughout the trial upon a theory that a certain issue is presented for adjudication, the doctrine of estoppel precludes either party from thereafter asserting that no such issue was in controversy, even though it was not actually raised by the pleadings (Miller v. Peters, 37 Cal.2d 89, 93 [ 230 P.2d 803 ] ; People v. Lucas, 155 Cal.App.2d 1, 5 [ 317 P.2d 104 ]).

22
Primm v. Primmgreen
cal · 1956 · cited in 2 California opinions naming this issue, 1961–1963
2 sentences

1963(Primm v. Primm, 46 Cal.2d 690, 693 [ 299 P.2d 231 ]; Thomas v. Hunt Mfg.

1963(Primm v. Primm, 46 Cal.2d 690, 693 [ 299 P.2d 231 ]; Thomas v. Hunt Mfg.

22
People v. Daughertygreen
cal · 1953 · cited in 2 California opinions naming this issue, 1961–1962
2 sentences

1961Sufficiency of the Evidence When the sufficiency of the evidence to sustain a verdict is attacked upon appeal, the inquiry is whether there is any substantial evidence, direct or indirect, contradicted or uncontradicted, to support the conclusion reached (People v. Daugherty, 40 Cal.2d 876, 885 [ 256 P.2d 911 ]; People v. Newland, 15 Cal.2d 678, 681 [ 104 P.2d 778 ]), and the facts herein must be stated in accord with this time-honored rule.

1961Sufficiency of the Evidence When the sufficiency of the evidence to sustain a verdict is attacked upon appeal, the inquiry is whether there is any substantial evidence, direct or indirect, contradicted or uncontradicted, to support the conclusion reached (People v. Daugherty, 40 Cal.2d 876, 885 [ 256 P.2d 911 ]; People v. Newland, 15 Cal.2d 678, 681 [ 104 P.2d 778 ]), and the facts herein must be stated in accord with this time-honored rule.

22
Martinez v. Southern Pacific Co.green
cal · 1955 · cited in 2 California opinions naming this issue, 1961–1961
2 sentences

1961Under the time-honored rule requiring us to accept as true whatever substantial evidence was presented to the trial court, including the inferences reasonably deducible therefrom, which will support the findings implicit in and essential to its order (Griffith Co. v. San Diego College for Women, 45 Cal.2d 501, 507-508 [ 289 P.2d 476 , 47 A.L.R.2d 1349 ]; Martinez v. Southern Pacific Co., 45 Cal.2d 244, 248 [ 288 P.2d 868 ] ; Murray v. Superior Court, 44 Cal.2d 611, 619 [ 284 P.2d 1 ] ; Crawford v. Southern Pacific Co., 3 Cal.2d 427, 429 [ 45 P.2d 183 ] ; People v. Savin, 37 Cal.App.2d 105, 108

1961Under the time-honored rule requiring us to accept as true whatever substantial evidence was presented to the trial court, including the inferences reasonably deducible therefrom, which will support the findings implicit in and essential to its order (Griffith Co. v. San Diego College for Women, 45 Cal.2d 501, 507-508 [ 289 P.2d 476 , 47 A.L.R.2d 1349 ]; Martinez v. Southern Pacific Co., 45 Cal.2d 244, 248 [ 288 P.2d 868 ] ; Murray v. Superior Court, 44 Cal.2d 611, 619 [ 284 P.2d 1 ] ; Crawford v. Southern Pacific Co., 3 Cal.2d 427, 429 [ 45 P.2d 183 ] ; People v. Savin, 37 Cal.App.2d 105, 108

22
Gallipo v. City of Long Beachgreen
calctapp · 1956 · cited in 2 California opinions naming this issue, 1961–1961
2 sentences

1961(Reynolds v. Willson, 51 Cal.2d 94, 99 [ 331 P.2d 48 ]; Aguirre v. City of Los Angeles, 46 Cal.2d 841, 844 [ 299 P.2d 862 ] ; Gallipo v. City of Long Beach, 146 Cal.App.2d 520, 526 [ 304 P.2d 106 ].) Over a period of many years the City of Redlands constructed and maintained storm drains to carry away surplus irrigation and flood waters.

1961(Reynolds v. Willson, 51 Cal.2d 94, 99 [ 331 P.2d 48 ]; Aguirre v. City of Los Angeles, 46 Cal.2d 841, 844 [ 299 P.2d 862 ] ; Gallipo v. City of Long Beach, 146 Cal.App.2d 520, 526 [ 304 P.2d 106 ].) Over a period of many years the City of Redlands constructed and maintained storm drains to carry away surplus irrigation and flood waters.

22
Reynolds v. Willsongreen
cal · 1958 · cited in 2 California opinions naming this issue, 1961–1961
2 sentences

1961(Reynolds v. Willson, 51 Cal.2d 94, 99 [ 331 P.2d 48 ]; Aguirre v. City of Los Angeles, 46 Cal.2d 841, 844 [ 299 P.2d 862 ] ; Gallipo v. City of Long Beach, 146 Cal.App.2d 520, 526 [ 304 P.2d 106 ].) Over a period of many years the City of Redlands constructed and maintained storm drains to carry away surplus irrigation and flood waters.

1961(Reynolds v. Willson, 51 Cal.2d 94, 99 [ 331 P.2d 48 ]; Aguirre v. City of Los Angeles, 46 Cal.2d 841, 844 [ 299 P.2d 862 ] ; Gallipo v. City of Long Beach, 146 Cal.App.2d 520, 526 [ 304 P.2d 106 ].) Over a period of many years the City of Redlands constructed and maintained storm drains to carry away surplus irrigation and flood waters.

22
Aguirre v. City of Los Angelesgreen
cal · 1956 · cited in 2 California opinions naming this issue, 1961–1961
2 sentences

1961(Reynolds v. Willson, 51 Cal.2d 94, 99 [ 331 P.2d 48 ]; Aguirre v. City of Los Angeles, 46 Cal.2d 841, 844 [ 299 P.2d 862 ] ; Gallipo v. City of Long Beach, 146 Cal.App.2d 520, 526 [ 304 P.2d 106 ].) Over a period of many years the City of Redlands constructed and maintained storm drains to carry away surplus irrigation and flood waters.

1961(Reynolds v. Willson, 51 Cal.2d 94, 99 [ 331 P.2d 48 ]; Aguirre v. City of Los Angeles, 46 Cal.2d 841, 844 [ 299 P.2d 862 ] ; Gallipo v. City of Long Beach, 146 Cal.App.2d 520, 526 [ 304 P.2d 106 ].) Over a period of many years the City of Redlands constructed and maintained storm drains to carry away surplus irrigation and flood waters.

22
Russ v. Russgreen
calctapp · 1945 · cited in 2 California opinions naming this issue, 2001–2001
2 sentences

2001They do not alter the time-honored rule that a judgment of dissolution involving the custody and maintenance of minors "is not final," and that, as to child support, "the litigation must be regarded as still pending." ( Reynolds, supra, 21 Cal.2d at p. 584 , 134 P.2d 251 ; accord, Forslund v. Forslund (1964) 225 Cal.App.2d 476, 487 , 37 Cal.Rptr. 489 ; Russ v. Russ (1945) 68 Cal.App.2d 400, 405 , 156 P.2d 767 , disapproved on another point in Allen v. Allen (1947) 30 Cal.2d 433, 435 , 182 P.2d 551 .) Indeed, the two statutes were necessary precisely because of that rule.

2001They do not alter the time-honored rule that a judgment of dissolution involving the custody and maintenance of minors "is not final," and that, as to child support, "the litigation must be regarded as still pending." ( Reynolds, supra, 21 Cal.2d at p. 584 , 134 P.2d 251 ; accord, Forslund v. Forslund (1964) 225 Cal.App.2d 476, 487 , 37 Cal.Rptr. 489 ; Russ v. Russ (1945) 68 Cal.App.2d 400, 405 , 156 P.2d 767 , disapproved on another point in Allen v. Allen (1947) 30 Cal.2d 433, 435 , 182 P.2d 551 .) Indeed, the two statutes were necessary precisely because of that rule.

12
Allen v. Allengreen
cal · 1947 · cited in 2 California opinions naming this issue, 2001–2001
2 sentences

2001They do not alter the time-honored rule that a judgment of dissolution involving the custody and maintenance of minors "is not final," and that, as to child support, "the litigation must be regarded as still pending." ( Reynolds, supra, 21 Cal.2d at p. 584 , 134 P.2d 251 ; accord, Forslund v. Forslund (1964) 225 Cal.App.2d 476, 487 , 37 Cal.Rptr. 489 ; Russ v. Russ (1945) 68 Cal.App.2d 400, 405 , 156 P.2d 767 , disapproved on another point in Allen v. Allen (1947) 30 Cal.2d 433, 435 , 182 P.2d 551 .) Indeed, the two statutes were necessary precisely because of that rule.

2001They do not alter the time-honored rule that a judgment of dissolution involving the custody and maintenance of minors "is not final," and that, as to child support, "the litigation must be regarded as still pending." ( Reynolds, supra, 21 Cal.2d at p. 584 , 134 P.2d 251 ; accord, Forslund v. Forslund (1964) 225 Cal.App.2d 476, 487 , 37 Cal.Rptr. 489 ; Russ v. Russ (1945) 68 Cal.App.2d 400, 405 , 156 P.2d 767 , disapproved on another point in Allen v. Allen (1947) 30 Cal.2d 433, 435 , 182 P.2d 551 .) Indeed, the two statutes were necessary precisely because of that rule.

12
Bancroft-Whitney Co. v. McHughgreen
cal · 1913 · cited in 2 California opinions naming this issue, 1952–1961
2 sentences

1961It is the time-honored rule that “in examining the sufficiency of the evidence to support a questioned finding, an appellate court must accept as true all evidence tending to establish the correctness of the finding as made, taking into account, as well, all inferences which might reasonably have been thought by the trial court to lead to the same conclusion.” (Bancroft-Whitney Co. v. McHugh, 166 Cal. 140, 142 [ 134 P. 1157 ]; Richter v. Walker, 36 Cal.2d 634, 640 [ 226 P.2d 593 ]; Arvin-Kern Co. v. B.

1961It is the time-honored rule that “in examining the sufficiency of the evidence to support a questioned finding, an appellate court must accept as true all evidence tending to establish the correctness of the finding as made, taking into account, as well, all inferences which might reasonably have been thought by the trial court to lead to the same conclusion.” (Bancroft-Whitney Co. v. McHugh, 166 Cal. 140, 142 [ 134 P. 1157 ]; Richter v. Walker, 36 Cal.2d 634, 640 [ 226 P.2d 593 ]; Arvin-Kern Co. v. B.

12
People v. Woodsgreen
calctapp5d · 2018 · cited in 1 California opinions naming this issue, 2021–2021
11
People v. Rangelgreen
cal · 2016 · cited in 1 California opinions naming this issue, 2016–2016
11
People v. Hajek and Vogreen
cal · 2014 · cited in 1 California opinions naming this issue, 2016–2016
11
Daly v. Exxon Corp.green
calctapp · 1997 · cited in 1 California opinions naming this issue, 2015–2015
11
International Shoe Co. v. Washingtongreen
scotus · 1945 · cited in 1 California opinions naming this issue, 2014–2014
11
New Jersey v. T. L. O.green
scotus · 1985 · cited in 1 California opinions naming this issue, 2013–2013
11
Cabral v. Martinsgreen
calctapp · 2009 · cited in 1 California opinions naming this issue, 2011–2011
11
Strauss v. Hortongreen
cal · 2009 · cited in 1 California opinions naming this issue, 2011–2011
11
Rosasco v. Commission on Judicial Performancegreen
calctapp · 2000 · cited in 1 California opinions naming this issue, 2009–2009
11
People Ex Rel. San Francisco Bay Conservation & Development Commission v. Town of Emeryvillegreen
cal · 1968 · cited in 1 California opinions naming this issue, 2008–2008
11
Estate of Childsgreen
cal · 1941 · cited in 1 California opinions naming this issue, 2008–2008
11
Hughes Aircraft Co. v. United States Ex Rel. Schumergreen
scotus · 1997 · cited in 1 California opinions naming this issue, 2002–2002
11
Immigration & Naturalization Service v. St. Cyrred
scotus · 2001 · cited in 1 California opinions naming this issue, 2002–2002
11
Calfarm Insurance v. Deukmejiangreen
cal · 1989 · cited in 1 California opinions naming this issue, 2000–2000
11
Western Security Bank v. Superior Courtgreen
cal · 1997 · cited in 1 California opinions naming this issue, 2000–2000
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 (21)

CaseCitedYears
In Re Estrada green
cal · 1965
2 sentences

2016Legal background Section 3 specifies that no part of the Penal Code is retroactive, “unless expressly so declared.” Section 3 “provides the default rule” regarding retroactivity, “codifying ‘the time-honored principle . . . that in the absence of an express retroactivity provision, a statute will not be applied retroactively unless it is very clear from extrinsic sources that the Legislature [or electorate] . . . must have intended a retroactive application.’ [Citations.]” (People v. Brown (2012) 54 Cal.4th 314, 319 (Brown).) A “qualification” to the prospective-only presumption regarding stat

2016“No part of [the Penal Code] is retroactive, unless expressly so declared.” (§ 3.) Section 3 “provides the default rule” regarding retroactivity, “codifying ‘the time-honored principle . . . that in the absence of an express retroactivity provision, a statute will not be applied retroactively unless it is very clear from extrinsic sources that the Legislature [or electorate] . . . must have intended a retroactive application.’ [Citations.]” (People v. Brown (2012) 54 Cal.4th 314, 319 (Brown).) A “qualification” to the prospective-only presumption regarding statutory amendments was evident in I

62015–2016
People v. Lopez green
cal · 2005
2 sentences

2015Proc., § 3), as codifying ‘the time-honored principle . . . that in the absence of an express retroactivity provision, a statute will not be applied retroactively unless it is very clear from extrinsic sources that the Legislature . . . must have intended a retroactive application.’ ” (People v. Brown (2012) 54 Cal.4th 314, 319 (Brown).) “In interpreting a voter initiative, we apply the same principles that govern our construction of a statute.” (People v. Lopez (2005) 34 Cal.4th 1002, 1006 .) 23 Proposition 47 is silent as to its retroactive application to proceedings under the Reform Act.

2015Proc., § 3), as codifying ‘the time-honored principle . . . that in the absence of an express retroactivity provision, a statute will not be applied retroactively unless it is very clear from extrinsic sources that the Legislature . . . must have intended a retroactive application.’” (People v. Brown (2012) 54 Cal.4th 314, 319 (Brown).) “In interpreting a voter initiative, we apply the same principles that govern our construction of a statute.” (People v. Lopez (2005) 34 Cal.4th 1002, 1006 .) Proposition 47 is silent as to its retroactive application to proceedings under the Act.

42014–2015
People v. Alford green
cal · 2007
2 sentences

2016Section 3 provides that "[n]o part of [the Penal Code] is retroactive, unless expressly so declared." This presumption "codif[ies] 'the time-honored principle that ... in the absence of an express retroactivity provision, a statute will not be applied retroactively unless it is very clear from extrinsic sources that the Legislature [or voters] ... must have intended a retroactive application.' " ( *472 People v. Brown (2012) 54 Cal.4th 314 , 319, 142 Cal.Rptr.3d 824 , 278 P.3d 1182 ( Brown ), quoting Evangelatos v. Superior Court (1988) 44 Cal.3d 1188 , 1208-1209, 246 Cal.Rptr. 629 , 753 P.2d

2016Section 3 provides that "[n]o part of [the Penal Code] is retroactive, unless expressly so declared." This presumption "codif[ies] 'the time-honored principle that ... in the absence of an express retroactivity provision, a statute will not be applied retroactively unless it is very clear from extrinsic sources that the Legislature [or voters] ... must have intended a retroactive application.' " ( *472 People v. Brown (2012) 54 Cal.4th 314 , 319, 142 Cal.Rptr.3d 824 , 278 P.3d 1182 ( Brown ), quoting Evangelatos v. Superior Court (1988) 44 Cal.3d 1188 , 1208-1209, 246 Cal.Rptr. 629 , 753 P.2d

22016–2016
Reynolds v. Reynolds green
cal · 1943
2 sentences

2001They do not alter the time-honored rule that a judgment of dissolution involving the custody and maintenance of minors "is not final," and that, as to child support, "the litigation must be regarded as still pending." ( Reynolds, supra, 21 Cal.2d at p. 584 , 134 P.2d 251 ; accord, Forslund v. Forslund (1964) 225 Cal.App.2d 476, 487 , 37 Cal.Rptr. 489 ; Russ v. Russ (1945) 68 Cal.App.2d 400, 405 , 156 P.2d 767 , disapproved on another point in Allen v. Allen (1947) 30 Cal.2d 433, 435 , 182 P.2d 551 .) Indeed, the two statutes were necessary precisely because of that rule.

2001They do not alter the time-honored rule that a judgment of dissolution involving the custody and maintenance of minors "is not final," and that, as to child support, "the litigation must be regarded as still pending." ( Reynolds, supra, 21 Cal.2d at p. 584 , 134 P.2d 251 ; accord, Forslund v. Forslund (1964) 225 Cal.App.2d 476, 487 , 37 Cal.Rptr. 489 ; Russ v. Russ (1945) 68 Cal.App.2d 400, 405 , 156 P.2d 767 , disapproved on another point in Allen v. Allen (1947) 30 Cal.2d 433, 435 , 182 P.2d 551 .) Indeed, the two statutes were necessary precisely because of that rule.

22001–2001
Olivera v. Grace green
cal · 1942
2 sentences

1962(Citing such authority as Bacon v. Bacon, 150 Cal. 477 [ 89 P. 317 ] ; Olivera v. Grace, 19 Cal.2d 570 [ 122 P.2d 564 , 140 A.L.R. 1328 ] ; Hallett v. Slaughter, 22 Cal.2d 552 [ 140 P.2d 3 ] ; Winslow v. McCarty, 39 Cal.App. 337 [ 178 P. 720 ] ; Soule v. Bacon, 150 Cal. 495 [ 89 P. 324 ] ; Mill v. Johnson, 194 Cal. App.2d 779 [ 15 Cal.Rptr. 236 ] ; Turner v. Allen, 189 Cal.App. 2d 753 [ 11 Cal.Rptr. 630 ] ; Minz v. Northland Milk & Ice Cream Co., 237 Minn. 28 [ 53 N.W.2d 454 ].) The first question presented is answered by the time-honored rule that where a decision of the trial court denies ap

1962(Citing such authority as Bacon v. Bacon, 150 Cal. 477 [ 89 P. 317 ] ; Olivera v. Grace, 19 Cal.2d 570 [ 122 P.2d 564 , 140 A.L.R. 1328 ] ; Hallett v. Slaughter, 22 Cal.2d 552 [ 140 P.2d 3 ] ; Winslow v. McCarty, 39 Cal.App. 337 [ 178 P. 720 ] ; Soule v. Bacon, 150 Cal. 495 [ 89 P. 324 ] ; Mill v. Johnson, 194 Cal. App.2d 779 [ 15 Cal.Rptr. 236 ] ; Turner v. Allen, 189 Cal.App. 2d 753 [ 11 Cal.Rptr. 630 ] ; Minz v. Northland Milk & Ice Cream Co., 237 Minn. 28 [ 53 N.W.2d 454 ].) The first question presented is answered by the time-honored rule that where a decision of the trial court denies ap

21952–1962
Chichester v. Seymour green
calctapp · 1938
21943–1950
In Re Lewallen green
cal · 1979
12024–2024
People v. Rivera green
calctapp · 2015
12016–2016
Hermosa Beach Stop Oil Coalition v. City of Hermosa Beach green
calctapp · 2001
12015–2015
Almar Ltd. v. County of Ventura green
calctapp · 1997
12015–2015
Doe v. Doe 1 green
calctapp · 2012
12015–2015
Daimler AG v. Bauman green
scotus · 2014
12014–2014
In Re Marriage of Schaffer green
calctapp · 1984
11999–1999
Catchpole v. Brannon green
calctapp · 1995
11999–1999
Auto Equity Sales, Inc. v. Superior Court green
cal · 1962
11990–1990
AMADOR VALLEY JT. UN. HIGH SCH. v. State Bd. of Equal. green
cal · 1978
11990–1990
Glavinich v. Commonwealth Land Title Insurance green
calctapp · 1984
11988–1988
Peerless Insurance v. Clough green
nh · 1963
11978–1978
COMMERCIAL CONTRACTORS CORPORATION v. American Ins. Co. green
conn · 1964
11978–1978
Raiden v. Superior Court green
cal · 1949
11973–1973
United States v. Jacques M. Schiffer green
ca6 · 1965
11973–1973

Statutes the citing opinions construe

CA § Cal. Civil Code § 3 (11) CA § Cal. Penal Code § 1170.126 (5) CA § Cal. Evidence Code § 452 (4) CA § Cal. Penal Code § 211 (4)

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.

Where else courts name it

CA 104 (1901–2025) PA 52 (1919–2018) FL 31 (1955–2014) NY 29 (1941–2023) TX 21 (1930–2026) TN 20 (1979–2022) IL 15 (1947–2005) VA 15 (1996–2026) OK 14 (1961–2020) GA 13 (1934–2008) MO 13 (1913–2018) CT 12 (1985–2021) OH 11 (1983–2017) MI 10 (1966–2025) IA 9 (1961–2026) KS 9 (1970–2018) MD 8 (1991–2026) MS 8 (1969–2017) WI 7 (1940–2023) LA 6 (1971–2024) NJ 6 (1951–2010) IN 6 (1980–2020) UT 6 (1951–2019) DE 5 (1966–1997) AL 4 (1975–1992) MN 4 (1984–2000) WV 4 (1932–2013) WA 4 (1899–1970) ID 4 (1959–2017) CO 4 (1998–2026) AZ 3 (1971–1994) MT 3 (1935–2002) RI 3 (1983–2010) KY 3 (1968–2012) NC 3 (1995–2010) OR 2 (2001–2019) NV 2 (1942–1985) AR 2 (1986–1998) ND 2 (1980–1994) NM 2 (1955–2025) WY 2 (1981–1981) DC 2 (1947–1995) HI 2 (1967–2002) ME 2 (1976–1978)

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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