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14 California opinions name it 3 courts 1915–2025 4 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. Ybarragreen2 sentences2014(See, e.g., People v. Murray (2012) 203 Cal.App.4th 277, 282 ; People v. Blackwell (2011) 202 Cal.App.4th 144, 159 ; People v. Ybarra (2008) 166 Cal.App.4th 1069, 1089 (Ybarra).) Contrary to Guinn, however, our review of the text and history of section 190.5(b) does not lead us to conclude that the statute establishes a presumption in favor of life without parole. 2014(See, e.g., People v. Murray (2012) 203 Cal.App.4th 277, 282 ; People v. Blackwell (2011) 202 Cal.App.4th 144, 159 ; People v. Ybarra (2008) 166 Cal.App.4th 1069, 1089 (Ybarra).) Contrary to Guinn, however, our review of the text and history of section 190.5(b) does not lead us to conclude that the statute establishes a presumption in favor of life without parole. | 2 | 2 |
People v. Blackwellgreen2 sentences2014(See, e.g., People v. Murray (2012) 203 Cal.App.4th 277, 282 ; People v. Blackwell (2011) 202 Cal.App.4th 144, 159 ; People v. Ybarra (2008) 166 Cal.App.4th 1069, 1089 (Ybarra).) Contrary to Guinn, however, our review of the text and history of section 190.5(b) does not lead us to conclude that the statute establishes a presumption in favor of life without parole. 2014(See, e.g., People v. Murray (2012) 203 Cal.App.4th 277, 282 ; People v. Blackwell (2011) 202 Cal.App.4th 144, 159 ; People v. Ybarra (2008) 166 Cal.App.4th 1069, 1089 (Ybarra).) Contrary to Guinn, however, our review of the text and history of section 190.5(b) does not lead us to conclude that the statute establishes a presumption in favor of life without parole. | 1 | 2 |
People v. Murraygreen2 sentences2014(See, e.g., People v. Murray (2012) 203 Cal.App.4th 277, 282 ; People v. Blackwell (2011) 202 Cal.App.4th 144, 159 ; People v. Ybarra (2008) 166 Cal.App.4th 1069, 1089 (Ybarra).) Contrary to Guinn, however, our review of the text and history of section 190.5(b) does not lead us to conclude that the statute establishes a presumption in favor of life without parole. 2014(See, e.g., People v. Murray (2012) 203 Cal.App.4th 277, 282 ; People v. Blackwell (2011) 202 Cal.App.4th 144, 159 ; People v. Ybarra (2008) 166 Cal.App.4th 1069, 1089 (Ybarra).) Contrary to Guinn, however, our review of the text and history of section 190.5(b) does not lead us to conclude that the statute establishes a presumption in favor of life without parole. | 1 | 2 |
In Re Naomi P.green2 sentences2007Further, the statute establishes a presumption favoring guardianship over long-term foster care (§ 366.26, subd. (c)(4)) because guardianship is recognized as a more stable placement. ( In re Naomi P. (2005) 132 Cal. App.4th 808, 822 , 34 Cal.Rptr.3d 236 .) In some dependency proceedings, the best available permanent alternative may be long-term foster care, but it is still presumed that guardianship is the better option. (§ 366.26, subd. (b)(4)(A); In re Ruth M. (1991) 229 Cal.App.3d 475, 482 , 280 Cal.Rptr. 74 .) Unquestionably, the juvenile court is in the best position to decide the means 2007Further, the statute establishes a presumption favoring guardianship over long-term foster care (§ 366.26, subd. (c)(4)) because guardianship is recognized as a more stable placement. ( In re Naomi P. (2005) 132 Cal. App.4th 808, 822 , 34 Cal.Rptr.3d 236 .) In some dependency proceedings, the best available permanent alternative may be long-term foster care, but it is still presumed that guardianship is the better option. (§ 366.26, subd. (b)(4)(A); In re Ruth M. (1991) 229 Cal.App.3d 475, 482 , 280 Cal.Rptr. 74 .) Unquestionably, the juvenile court is in the best position to decide the means | 1 | 2 |
In Re Ruth M.green2 sentences2007Further, the statute establishes a presumption favoring guardianship over long-term foster care (§ 366.26, subd. (c)(4)) because guardianship is recognized as a more stable placement. ( In re Naomi P. (2005) 132 Cal. App.4th 808, 822 , 34 Cal.Rptr.3d 236 .) In some dependency proceedings, the best available permanent alternative may be long-term foster care, but it is still presumed that guardianship is the better option. (§ 366.26, subd. (b)(4)(A); In re Ruth M. (1991) 229 Cal.App.3d 475, 482 , 280 Cal.Rptr. 74 .) Unquestionably, the juvenile court is in the best position to decide the means 2007Further, the statute establishes a presumption favoring guardianship over long-term foster care (§ 366.26, subd. (c)(4)) because guardianship is recognized as a more stable placement. ( In re Naomi P. (2005) 132 Cal. App.4th 808, 822 , 34 Cal.Rptr.3d 236 .) In some dependency proceedings, the best available permanent alternative may be long-term foster care, but it is still presumed that guardianship is the better option. (§ 366.26, subd. (b)(4)(A); In re Ruth M. (1991) 229 Cal.App.3d 475, 482 , 280 Cal.Rptr. 74 .) Unquestionably, the juvenile court is in the best position to decide the means | 1 | 2 |
Ambrose v. Hydegreen2 sentences1929Section 1161, subdivision 2, of the Code of Civil Procedure provides: “In all cases of tenancy upon agricultural lands, where the tenant has held over and retained possession for more than sixty days after the expiration of the term without any demand of possession or notice to quit by the landlord or the successor in estate of his landlord, if any there be, he shall be deemed to be holding by permission of the landlord, or the successor in estate of his landlord, if any there be, and shall be entitled to hold under the terms of the lease for another full year.” “Holding over in view of the ci 1929Section 1161, subdivision 2, of the Code of Civil Procedure provides: “In all cases of tenancy upon agricultural lands, where the tenant has held over and retained possession for more than sixty days after the expiration of the term without any demand of possession or notice to quit by the landlord or the successor in estate of his landlord, if any there be, he shall be deemed to be holding by permission of the landlord, or the successor in estate of his landlord, if any there be, and shall be entitled to hold under the terms of the lease for another full year.” “Holding over in view of the ci | 1 | 2 |
Adoption of Daniele G.green2 sentences2009(Guardianship of Zachary H., supra, 73 Cal.App.4th at pp. 61-62; Adoption of Daniele G. (2001) 87 Cal.App.4th 1392, 1408 [ 105 Cal.Rptr.2d 341 ].) Section 1516.5 has made the eventual termination of parental rights a potential consequence of establishing a probate guardianship, however. 17 Again, the constitutional ramifications of the existing statute have been altered by the passage of section 1516.5. 2009(Guardianship of Zachary H., supra, 73 Cal.App.4th at pp. 61-62; Adoption of Daniele G. (2001) 87 Cal.App.4th 1392, 1408 [ 105 Cal.Rptr.2d 341 ].) Section 1516.5 has made the eventual termination of parental rights a potential consequence of establishing a probate guardianship, however. 17 Again, the constitutional ramifications of the existing statute have been altered by the passage of section 1516.5. | 1 | 1 |
Cowell v. Snydergreen2 sentences1929Section 1161, subdivision 2, of the Code of Civil Procedure provides: “In all cases of tenancy upon agricultural lands, where the tenant has held over and retained possession for more than sixty days after the expiration of the term without any demand of possession or notice to quit by the landlord or the successor in estate of his landlord, if any there be, he shall be deemed to be holding by permission of the landlord, or the successor in estate of his landlord, if any there be, and shall be entitled to hold under the terms of the lease for another full year.” “Holding over in view of the ci 1929Section 1161, subdivision 2, of the Code of Civil Procedure provides: “In all cases of tenancy upon agricultural lands, where the tenant has held over and retained possession for more than sixty days after the expiration of the term without any demand of possession or notice to quit by the landlord or the successor in estate of his landlord, if any there be, he shall be deemed to be holding by permission of the landlord, or the successor in estate of his landlord, if any there be, and shall be entitled to hold under the terms of the lease for another full year.” “Holding over in view of the ci | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in California. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
People v. Guinn
green
2 sentences2016The Gutierrez court stated: "Contrary to [ People v. Guinn (1994) 28 Cal.App.4th 1130 , 33 Cal.Rptr.2d 791 ], ... our review of the text and history of section 190.5[, subdivision] (b) does not lead us to conclude that the statute establishes a presumption in favor of life without parole. 2016The Gutierrez court stated: "Contrary to [ People v. Guinn (1994) 28 Cal.App.4th 1130 , 33 Cal.Rptr.2d 791 ], ... our review of the text and history of section 190.5[, subdivision] (b) does not lead us to conclude that the statute establishes a presumption in favor of life without parole. | 3 | 2016–2016 |
People v. Valencia
green
1 sentence2025Presumably, the court meant to leave open the possibility that it may reevaluate the propriety of compassionate release after some additional period of time. 9 cancer,” or is “permanently medically incapacitated with a medical condition or functional impairment that renders them permanently unable to complete basic activities of daily living.” (§ 1172.2, subds. (b)(1) & (2).) If the trial court finds that an incarcerated person has a qualifying illness or condition, the statute establishes a presumption favoring recall and resentencing that can be overcome if the trial court finds the individu | 1 | 2025–2025 |
Wyzard v. Goller
green
1 sentence2023Section 3432 Defendants also rely on section 3432, which provides: “A debtor may pay one creditor in preference to another, or may give to one creditor security for the payment of his demand in preference to another.” The statute establishes a defense to UVTA claims, but only with respect to “a transfer made in good faith to secure an antecedent debt.” (Wyzard v. Goller (1994) 23 Cal.App.4th 1183, 1190 .) The Wyzard case holds “that an encumbrance by a debtor to an attorney, made for value in the form of an antecedent obligation for legal services, is not fraudulent as to another creditor, und | 1 | 2023–2023 |
People v. Johnson
green
1 sentence2022Evidence Code section 1109, subdivision (e) provides that “[e]vidence of acts occurring more than 10 years before the charged offense is inadmissible under this section, unless the court determines that the admission of this evidence is in the interest of justice.” Although the statute establishes a presumption that domestic violence acts committed 10 years before the charged conduct is inadmissible, the statute also “clearly anticipates that some remote prior incidents will be deemed admissible and vests the court with substantial discretion in setting an ‘interest of justice’ standard.” (Joh | 1 | 2022–2022 |
Guardianship of Ann S.
green
1 sentence2022The statute establishes no presumption, rebuttable or otherwise, with regard to parental fitness.” (Ann S., supra, 45 Cal. 4th 1110, at p. 1133 .) 16. determination, and we will consider whether the failure to terminate parental rights was compelled as a matter of law. | 1 | 2022–2022 |
People v. Bryant, Smith and Wheeler
green
1 sentence2022As a general rule, however, “ ‘ “a trial court is presumed to have been aware of and followed the applicable law.” ’ ” (People v. Bryant, Smith and Wheeler (2014) 60 Cal.4th 335, 398 .) In this case, the striking similarities between the present acts and the acts involving D.D. supported the trial court’s implied finding that admitting the evidence was in the interest of justice. | 1 | 2022–2022 |
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.