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.
| Case | Followed | Cited |
|---|---|---|
People v. Browngreen2 sentences2025Proc., § 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. | 14 | 24 |
Evangelatos v. Superior Courtgreen2 sentences2024(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 | 10 | 14 |
Richter v. Walkergreen2 sentences1961It 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. | 10 | 12 |
Tapia v. Superior Courtgreen2 sentences2017The 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. | 4 | 4 |
Myers v. Philip Morris Companies, Inc.green2 sentences2010(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 | 3 | 3 |
People Ex Rel. Department of Public Works v. Nahabediangreen2 sentences1999“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. | 3 | 3 |
Miller v. Petersgreen2 sentences1959It 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 ]). | 3 | 3 |
People v. Newlandgreen2 sentences1961Sufficiency 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. | 3 | 3 |
Crawford v. Southern Pacific Co.green2 sentences1961Under 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 | 2 | 5 |
Estate of Bristol v. Younggreen2 sentences1961The 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 ]). | 2 | 4 |
CALIFORNIANS FOR DISAB. RIGHTS v. Mervyn'sgreen2 sentences2010(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 | 2 | 3 |
Oldenburg v. Sears, Roebuck & Co.green2 sentences2021(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 | 2 | 2 |
People v. Arnogreen2 sentences2015(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. | 2 | 2 |
People v. Hayesgreen2 sentences2007It 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 | 2 | 2 |
Forslund v. Forslundgreen2 sentences2001They 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. | 2 | 2 |
People v. Lucasgreen2 sentences1959It 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 ]). | 2 | 2 |
Primm v. Primmgreen2 sentences1963(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. | 2 | 2 |
People v. Daughertygreen2 sentences1961Sufficiency 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. | 2 | 2 |
Martinez v. Southern Pacific Co.green2 sentences1961Under 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 | 2 | 2 |
Gallipo v. City of Long Beachgreen2 sentences1961(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. | 2 | 2 |
Reynolds v. Willsongreen2 sentences1961(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. | 2 | 2 |
Aguirre v. City of Los Angelesgreen2 sentences1961(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. | 2 | 2 |
Russ v. Russgreen2 sentences2001They 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. | 1 | 2 |
Allen v. Allengreen2 sentences2001They 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. | 1 | 2 |
Bancroft-Whitney Co. v. McHughgreen2 sentences1961It 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. | 1 | 2 |
| People v. Woodsgreen | 1 | 1 |
| People v. Rangelgreen | 1 | 1 |
| People v. Hajek and Vogreen | 1 | 1 |
| Daly v. Exxon Corp.green | 1 | 1 |
| International Shoe Co. v. Washingtongreen | 1 | 1 |
| New Jersey v. T. L. O.green | 1 | 1 |
| Cabral v. Martinsgreen | 1 | 1 |
| Strauss v. Hortongreen | 1 | 1 |
| Rosasco v. Commission on Judicial Performancegreen | 1 | 1 |
| People Ex Rel. San Francisco Bay Conservation & Development Commission v. Town of Emeryvillegreen | 1 | 1 |
| Estate of Childsgreen | 1 | 1 |
| Hughes Aircraft Co. v. United States Ex Rel. Schumergreen | 1 | 1 |
| Immigration & Naturalization Service v. St. Cyrred | 1 | 1 |
| Calfarm Insurance v. Deukmejiangreen | 1 | 1 |
| Western Security Bank v. Superior Courtgreen | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in California. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
In Re Estrada
green
2 sentences2016Legal 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 | 6 | 2015–2016 |
People v. Lopez
green
2 sentences2015Proc., § 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. | 4 | 2014–2015 |
People v. Alford
green
2 sentences2016Section 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 | 2 | 2016–2016 |
Reynolds v. Reynolds
green
2 sentences2001They 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. | 2 | 2001–2001 |
Olivera v. Grace
green
2 sentences1962(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 | 2 | 1952–1962 |
| Chichester v. Seymour green | 2 | 1943–1950 |
| In Re Lewallen green | 1 | 2024–2024 |
| People v. Rivera green | 1 | 2016–2016 |
| Hermosa Beach Stop Oil Coalition v. City of Hermosa Beach green | 1 | 2015–2015 |
| Almar Ltd. v. County of Ventura green | 1 | 2015–2015 |
| Doe v. Doe 1 green | 1 | 2015–2015 |
| Daimler AG v. Bauman green | 1 | 2014–2014 |
| In Re Marriage of Schaffer green | 1 | 1999–1999 |
| Catchpole v. Brannon green | 1 | 1999–1999 |
| Auto Equity Sales, Inc. v. Superior Court green | 1 | 1990–1990 |
| AMADOR VALLEY JT. UN. HIGH SCH. v. State Bd. of Equal. green | 1 | 1990–1990 |
| Glavinich v. Commonwealth Land Title Insurance green | 1 | 1988–1988 |
| Peerless Insurance v. Clough green | 1 | 1978–1978 |
| COMMERCIAL CONTRACTORS CORPORATION v. American Ins. Co. green | 1 | 1978–1978 |
| Raiden v. Superior Court green | 1 | 1973–1973 |
| United States v. Jacques M. Schiffer green | 1 | 1973–1973 |
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.