entitlement defense (California) · Go Syfert
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entitlement defense in California

14 California opinions name it 3 courts 1997–2026 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 (8)

CaseFollowedCited
City of S.F. v. Regents of the Univ. of Cal.green
cal · 2019 · cited in 2 California opinions naming this issue, 2024–2024
2 sentences

2024(Compare with Hastings, supra, 7 Cal.5th at p. 555 [“Courts may invalidate an otherwise valid charter city measure only where, ‘under the historical circumstances presented, the state has a more substantial interest in the subject than the charter city’ ”— as demonstrated through a “ ‘fact-bound justification’ ”].) In other words, no additional facts are necessary to adduce the Regents’ entitlement to immunity.

2024(Compare with Hastings, supra, 7 Cal.5th at p. 555 [“Courts may invalidate an otherwise valid charter city measure only where, ‘under the historical circumstances presented, the state has a more substantial interest in the subject than the charter city’ ”— as demonstrated through a “ ‘fact-bound justification’ ”].) In other words, no additional facts are necessary to adduce the Regents’ entitlement to immunity.

22
Ake v. Oklahomagreen
scotus · 1985 · cited in 2 California opinions naming this issue, 2009–2013
2 sentences

2013(Ake v. Oklahoma (1985) 470 U.S. 68, 83 (Ake); People v. San Nicolas (2004) 34 Cal.4th 614, 661 .) “[A] criminal trial is fundamentally unfair if the State proceeds against an indigent defendant without making certain that he has access to the raw materials integral to the building of an effective defense.…” (Ake, supra, 470 U.S. at p. 77 .) The constitutional right to the effective assistance of counsel has been found to provide additional support for the entitlement to defense experts.

2013(Ake v. Oklahoma (1985) 470 U.S. 68, 83 (Ake); People v. San Nicolas (2004) 34 Cal.4th 614, 661 .) “[A] criminal trial is fundamentally unfair if the State proceeds against an indigent defendant without making certain that he has access to the raw materials integral to the building of an effective defense.…” (Ake, supra, 470 U.S. at p. 77 .) The constitutional right to the effective assistance of counsel has been found to provide additional support for the entitlement to defense experts.

12
Delaney v. Superior Courtgreen
cal · 1990 · cited in 1 California opinions naming this issue, 2023–2023
1 sentence

2023Code, § 1070, subd. (c).) Once the entitlement to immunity is shown, “[t]he burden then shifts to the criminal defendant seeking discovery to make the showing required to overcome the shield law.” (Delaney, supra, 50 Cal.3d at p. 806, fn. 20 .) At the threshold, the defendant “must show a reasonable possibility the information will materially assist his defense.” (Id. at p. 808.) “[T]he defendant’s showing need not be detailed or specific, but it must rest on more than mere speculation.” (Id. at p. 809.) The concept of material assistance does not require that the information could lead to exo

11
Newton v. County of Napagreen
calctapp · 1990 · cited in 1 California opinions naming this issue, 2015–2015
2 sentences

2015(Compare Newton v. County of Napa (1990) 217 Cal.App.3d 1551, 1561-1562 [ 266 Cal.Rptr. 682 ] [county was immune for conduct relating to investigation of reported child abuse] with § 11172, subd. (a) [absolute immunity for mandated reporters who comply with duties], and § 11166, subd. (c) [criminal liability for mandated reporters who do not comply with duties].) But there is no reason why more than one set of legal duties and immunities cannot govern an officer’s conduct in this context at the same time.

2015(Compare Newton v. County of Napa (1990) 217 Cal.App.3d 1551, 1561-1562 [ 266 Cal.Rptr. 682 ] [county was immune for conduct relating to investigation of reported child abuse] with § 11172, subd. (a) [absolute immunity for mandated reporters who comply with duties], and § 11166, subd. (c) [criminal liability for mandated reporters who do not comply with duties].) But there is no reason why more than one set of legal duties and immunities cannot govern an officer’s conduct in this context at the same time.

11
Scott Co. of California v. Blount, Inc.green
cal · 1999 · cited in 1 California opinions naming this issue, 2014–2014
1 sentence

2014(Ibid.; see Scott Co. v. Blount, Inc., supra, 20 Cal.4th at p. 1109 [trial court exercises discretion where neither party achieves a complete victory on all the contract claims]; De La Cuesta v. Benham, supra, 193 Cal.App.4th at p. 1293 [simple, unqualified win on the contract takes a case out of the discretion clause of section 1717 and puts it into the entitlement clause].) Because defendants' result fell short of a complete victory, the trial court could not reasonably find defendants to be the prevailing party without exercising any discretion as to the parties' relative success or failure

11
de la Cuesta v. Benhamgreen
calctapp · 2011 · cited in 1 California opinions naming this issue, 2014–2014
1 sentence

2014(Ibid.; see Scott Co. v. Blount, Inc., supra, 20 Cal.4th at p. 1109 [trial court exercises discretion where neither party achieves a complete victory on all the contract claims]; De La Cuesta v. Benham, supra, 193 Cal.App.4th at p. 1293 [simple, unqualified win on the contract takes a case out of the discretion clause of section 1717 and puts it into the entitlement clause].) Because defendants' result fell short of a complete victory, the trial court could not reasonably find defendants to be the prevailing party without exercising any discretion as to the parties' relative success or failure

11
Baltayan v. Estate of Getemyangreen
calctapp · 2001 · cited in 1 California opinions naming this issue, 2009–2009
2 sentences

2009In exercising its discretion the court shall take into consideration all factors it deems relevant, including but not limited to the character of the action or proceeding, the nature of the beneficiary, whether public or private, and the potential harm to the beneficiary if the provision for the bond is waived.” (See also Baltayan v. Estate of Getemyan, supra, 90 Cal.App.4th at p. 1433 (Baltayan) [“[w]here the plaintiff establishes indigency, a trial court has discretion to waive the posting of security under [§] 1030”].) The public policy underlying an indigent’s entitlement to a waiver of se

2009In exercising its discretion the court shall take into consideration all factors it deems relevant, including but not limited to the character of the action or proceeding, the nature of the beneficiary, whether public or private, and the potential harm to the beneficiary if the provision for the bond is waived.” (See also Baltayan v. Estate of Getemyan, supra, 90 Cal.App.4th at p. 1433 (Baltayan) [“[w]here the plaintiff establishes indigency, a trial court has discretion to waive the posting of security under [§] 1030”].) The public policy underlying an indigent’s entitlement to a waiver of se

11
Knight v. McMahonred
calctapp · 1994 · cited in 1 California opinions naming this issue, 1997–1997
2 sentences

1997Appellant also relies upon Knight v. McMahon (1994) 26 Cal.App.4th 747, 757 [ 31 Cal.Rptr.2d 832 ] (Knight), which was disapproved in American Federation of Labor v. Unemployment Ins.

1997Appellant also relies upon Knight v. McMahon (1994) 26 Cal.App.4th 747, 757 [ 31 Cal.Rptr.2d 832 ] (Knight), which was disapproved in American Federation of Labor v. Unemployment Ins.

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 (17)

CaseCitedYears
Eugene Mason v. State of Arizona, A. E. Gomes, Superintendent, Arizona State Prison Atflorence green
ca9 · 1975
2 sentences

2013(People v. Stuckey (2009) 175 Cal.App.4th 898, 917 .) The California Supreme Court has held that “the right to counsel guaranteed by both the federal and state Constitutions includes, and indeed presumes, the right to effective counsel [citations], and thus also includes the right to reasonably necessary ancillary defense services. [Citations.]” (Corenevsky v. Superior Court (1984) 36 Cal.3d 307, 319 , fns. omitted (Corenevsky); Mason v. Arizona (9th Cir. 1974) 504 F.2d 1345, 1351 .)30 As we have explained, however, we cannot say that the court’s ruling in this case was prejudicial, based on t

2009For example, the court of appeals for the Ninth Circuit has held that appointment was necessary under the right to counsel because “the effective assistance of counsel guarantee of the Due Process Clause requires, when *918 necessary, the allowance of investigative expenses or appointment of investigative assistance for indigent defendants in order to insure effective preparation of their defense by their attorneys.” (Mason v. State of Arizona (9th Cir. 1974) 504 F.2d 1345, 1351 .) So too, the California Supreme Court has held that “[i]t cannot be doubted that the right to counsel guaranteed b

22009–2013
People v. Rogers green
cal · 2006
1 sentence

2026There is nothing to support defendant’s argument other than his professed inability to recall killing the decedent. 13 Defendant emphasizes that the Supreme Court in Rogers observed: “nor did defendant himself testify he was unconscious, but only that he could not later recall the killings.” (Rogers, supra, 39 Cal.4th at p. 887 .) Defendant therefore seeks to distinguish this case from Rogers because here, defendant not only stated that he did not recall the killing, but also that he blacked out, which, defendant states, “is synonymous with unconsciousness under the law.” We conclude, however,

12026–2026
People v. Wilson green
cal · 1967
1 sentence

2026Defendant relies on People v. Wilson (1967) 66 Cal.2d 749 for the proposition that a trial court errs in failing to instruct on unconsciousness even where “the only evidence of unconsciousness came from the defendant.” (Id. at p. 762.) However, unlike the circumstances here, the defendant in Wilson, while claiming that he could not recall shooting the two murder victims, did not offer detailed descriptions of the actions he took while purportedly unconscious that contradicted his claimed inability to recall events.

12026–2026
People v. H.W. (In Re H.W.) green
cal · 2019
1 sentence

2022(People v. Morrison (2019) 34 Cal.App.5th 980, 989 .) “When we interpret statutes, our primary task is to determine and give effect to the Legislature’s purpose in enacting the law.” (In re H.W. (2019) 6 Cal.5th 1068, 1073 .) “ ‘We must look to the statute’s words and give them their usual and ordinary meaning. [Citation.] The statute’s plain meaning controls the court’s interpretation unless its words are ambiguous.’ ” (People v. Arias (2008) 45 Cal.4th 169, 177 .) Section 1172.6 permits the parties to “offer new or additional evidence to meet their respective burdens.” (§ 1172.6, subd. (d)(3

12022–2022
People v. Morrison green
calctapp · 2019
1 sentence

2022(People v. Morrison (2019) 34 Cal.App.5th 980, 989 .) “When we interpret statutes, our primary task is to determine and give effect to the Legislature’s purpose in enacting the law.” (In re H.W. (2019) 6 Cal.5th 1068, 1073 .) “ ‘We must look to the statute’s words and give them their usual and ordinary meaning. [Citation.] The statute’s plain meaning controls the court’s interpretation unless its words are ambiguous.’ ” (People v. Arias (2008) 45 Cal.4th 169, 177 .) Section 1172.6 permits the parties to “offer new or additional evidence to meet their respective burdens.” (§ 1172.6, subd. (d)(3

12022–2022
People v. Arias green
cal · 2008
1 sentence

2022(People v. Morrison (2019) 34 Cal.App.5th 980, 989 .) “When we interpret statutes, our primary task is to determine and give effect to the Legislature’s purpose in enacting the law.” (In re H.W. (2019) 6 Cal.5th 1068, 1073 .) “ ‘We must look to the statute’s words and give them their usual and ordinary meaning. [Citation.] The statute’s plain meaning controls the court’s interpretation unless its words are ambiguous.’ ” (People v. Arias (2008) 45 Cal.4th 169, 177 .) Section 1172.6 permits the parties to “offer new or additional evidence to meet their respective burdens.” (§ 1172.6, subd. (d)(3

12022–2022
In Re Marilyn H green
cal · 1993
1 sentence

2022DISCUSSION Under section 388, a parent may petition “for a hearing to change, modify, or set aside any order of court previously made” on the grounds of a “change of circumstance or new evidence.” To prevail on the petition, the parent must establish that the changed circumstances or new evidence are such that the proposed change in the court’s order would promote the child’s best interests. (§ 388, subds. (a)(1), (b); In re Marilyn H. (1993) 5 Cal.4th 295 , 309-310.) The petition is liberally construed in favor of granting an evidentiary hearing, but the parent must still establish an entitle

12022–2022
Currie v. Workers' Compensation Appeals Bd. green
cal · 2001
2 sentences

2017The delays inherent in this system are not, however, tantamount to a 'wrongful withholding' of benefits giving rise to a right to section 3287(a) prejudgment interest once the Board rules in favor of the claimant ." ( Id. , at p. 1026, 56 Cal.Rptr.2d 109 , 920 P.2d 1314 , italics added.) Only if the Board wrongfully denies benefits, we explained, would the claimant be entitled to section 3287(a) interest as part of a court award of "compensation for the egregious delay in receiving benefits caused by the necessity of filing a mandamus action challenging the Board's denial." ( American Federati

2017The delays inherent in this system are not, however, tantamount to a 'wrongful withholding' of benefits giving rise to a right to section 3287(a) prejudgment interest once the Board rules in favor of the claimant ." ( Id. , at p. 1026, 56 Cal.Rptr.2d 109 , 920 P.2d 1314 , italics added.) Only if the Board wrongfully denies benefits, we explained, would the claimant be entitled to section 3287(a) interest as part of a court award of "compensation for the egregious delay in receiving benefits caused by the necessity of filing a mandamus action challenging the Board's denial." ( American Federati

12017–2017
American Federation of Labor & Congress of Industrial Organizations v. Unemployment Insurance Appeals Board green
cal · 1996
2 sentences

2017The delays inherent in this system are not, however, tantamount to a 'wrongful withholding' of benefits giving rise to a right to section 3287(a) prejudgment interest once the Board rules in favor of the claimant ." ( Id. , at p. 1026, 56 Cal.Rptr.2d 109 , 920 P.2d 1314 , italics added.) Only if the Board wrongfully denies benefits, we explained, would the claimant be entitled to section 3287(a) interest as part of a court award of "compensation for the egregious delay in receiving benefits caused by the necessity of filing a mandamus action challenging the Board's denial." ( American Federati

2017The delays inherent in this system are not, however, tantamount to a 'wrongful withholding' of benefits giving rise to a right to section 3287(a) prejudgment interest once the Board rules in favor of the claimant ." ( Id. , at p. 1026, 56 Cal.Rptr.2d 109 , 920 P.2d 1314 , italics added.) Only if the Board wrongfully denies benefits, we explained, would the claimant be entitled to section 3287(a) interest as part of a court award of "compensation for the egregious delay in receiving benefits caused by the necessity of filing a mandamus action challenging the Board's denial." ( American Federati

12017–2017
People v. Stuckey green
calctapp · 2009
1 sentence

2013(People v. Stuckey (2009) 175 Cal.App.4th 898, 917 .) The California Supreme Court has held that “the right to counsel guaranteed by both the federal and state Constitutions includes, and indeed presumes, the right to effective counsel [citations], and thus also includes the right to reasonably necessary ancillary defense services. [Citations.]” (Corenevsky v. Superior Court (1984) 36 Cal.3d 307, 319 , fns. omitted (Corenevsky); Mason v. Arizona (9th Cir. 1974) 504 F.2d 1345, 1351 .)30 As we have explained, however, we cannot say that the court’s ruling in this case was prejudicial, based on t

12013–2013
Corenevsky v. Superior Court green
cal · 1984
1 sentence

2013(People v. Stuckey (2009) 175 Cal.App.4th 898, 917 .) The California Supreme Court has held that “the right to counsel guaranteed by both the federal and state Constitutions includes, and indeed presumes, the right to effective counsel [citations], and thus also includes the right to reasonably necessary ancillary defense services. [Citations.]” (Corenevsky v. Superior Court (1984) 36 Cal.3d 307, 319 , fns. omitted (Corenevsky); Mason v. Arizona (9th Cir. 1974) 504 F.2d 1345, 1351 .)30 As we have explained, however, we cannot say that the court’s ruling in this case was prejudicial, based on t

12013–2013
People v. San Nicolas green
cal · 2004
1 sentence

2013(Ake v. Oklahoma (1985) 470 U.S. 68, 83 (Ake); People v. San Nicolas (2004) 34 Cal.4th 614, 661 .) “[A] criminal trial is fundamentally unfair if the State proceeds against an indigent defendant without making certain that he has access to the raw materials integral to the building of an effective defense.…” (Ake, supra, 470 U.S. at p. 77 .) The constitutional right to the effective assistance of counsel has been found to provide additional support for the entitlement to defense experts.

12013–2013
Williams v. State of California green
cal · 1983
1 sentence

1999(Williams v. State of California (1983) 34 Cal.3d 18 , 22-23 ; Ronald S. v. County of San Diego (1993) 16 Cal.App.4th 887 , 893 .) "The existence of a duty `is entirely a question of law, to be determined by reference to the body of statutes, rules, principles and precedents which make up the law. . . .' [Citation.]" (Stout v. City of Porterville (1983) 148 Cal.App.3d 937 , 941 .) Does a CHP officer have a duty to the operator of an overweight vehicle with respect to reducing the weight safely?

11999–1999
Ronald S. v. County of San Diego green
calctapp · 1993
1 sentence

1999(Williams v. State of California (1983) 34 Cal.3d 18 , 22-23 ; Ronald S. v. County of San Diego (1993) 16 Cal.App.4th 887 , 893 .) "The existence of a duty `is entirely a question of law, to be determined by reference to the body of statutes, rules, principles and precedents which make up the law. . . .' [Citation.]" (Stout v. City of Porterville (1983) 148 Cal.App.3d 937 , 941 .) Does a CHP officer have a duty to the operator of an overweight vehicle with respect to reducing the weight safely?

11999–1999
Stout v. City of Porterville green
calctapp · 1983
1 sentence

1999(Williams v. State of California (1983) 34 Cal.3d 18 , 22-23 ; Ronald S. v. County of San Diego (1993) 16 Cal.App.4th 887 , 893 .) "The existence of a duty `is entirely a question of law, to be determined by reference to the body of statutes, rules, principles and precedents which make up the law. . . .' [Citation.]" (Stout v. City of Porterville (1983) 148 Cal.App.3d 937 , 941 .) Does a CHP officer have a duty to the operator of an overweight vehicle with respect to reducing the weight safely?

11999–1999
Caldwell v. Montoya green
cal · 1995
1 sentence

1999Code, §§ 810 - 998.3 ; "Act"). 2 The Act governs actions at law for civil liability against public agencies, including state agencies, and their officers and employees. ( 81 Ops.Cal.Atty.Gen. 331 , 332 (1998).) The Act specifically addresses "the substantive liabilities and immunities of (§§ 810 - 895.8 ), the procedures for initiating claims against (§§ 900 - 935.6 ), and the entitlement to defense of (§§ 995 - 996.6 ) and indemnification for (§§ 825 - 925.6 ) public employees." ( 81 Ops.Cal.Atty.Gen. 199 , 199-200 (1998), fn. omitted.) A public entity is not generally liable for an injury ex

11999–1999
Iverson v. Muroc Unified School District green
calctapp · 1995
1 sentence

1999Code, §§ 810 - 998.3 ; "Act"). 2 The Act governs actions at law for civil liability against public agencies, including state agencies, and their officers and employees. ( 81 Ops.Cal.Atty.Gen. 331 , 332 (1998).) The Act specifically addresses "the substantive liabilities and immunities of (§§ 810 - 895.8 ), the procedures for initiating claims against (§§ 900 - 935.6 ), and the entitlement to defense of (§§ 995 - 996.6 ) and indemnification for (§§ 825 - 925.6 ) public employees." ( 81 Ops.Cal.Atty.Gen. 199 , 199-200 (1998), fn. omitted.) A public entity is not generally liable for an injury ex

11999–1999

Where else courts name it

TX 34 (1974–2025) FL 22 (1978–2026) NY 16 (1985–2025) PA 15 (1989–2026) CA 14 (1997–2026) AL 14 (1999–2025) OH 13 (1987–2026) SC 12 (2013–2026) NJ 11 (2001–2026) WV 9 (1996–2021) MI 9 (1978–2026) CO 8 (1985–2020) MD 7 (1986–2026) WA 7 (1997–2024) IL 7 (1987–2026) MA 6 (1997–2023) CT 6 (1992–2016) MN 5 (1987–2016) NC 5 (2002–2026) IN 5 (1982–2005) ME 4 (1993–2025) DC 4 (1982–2018) KY 3 (2023–2025) UT 3 (2011–2022) VA 3 (1997–2026) GA 2 (2014–2017) NH 2 (2007–2007) WI 2 (1981–2016)

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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