action is nonetheless error (California) · Go Syfert
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action is nonetheless error in California

13 California opinions name it 1 courts 1989–2016 0 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 (6)

CaseFollowedCited
City of Sacramento v. Drewgreen
calctapp · 1989 · cited in 10 California opinions naming this issue, 2009–2016
2 sentences

2016(See City of Sacramento v. Drew (1989) 207 Cal.App.3d 1287, 1298 [ 255 Cal.Rptr. 704 ] [noting that “if the trial court acts in accord with its mistaken view the action is nonetheless error; it is wrong on the law”]; Flannery v. California Highway Patrol (1998) 61 Cal.App.4th 629, 634 [ 71 Cal.Rptr.2d 632 ] [“reversal is required where there is no reasonable basis for the ruling or when the trial court has applied the wrong test to determine if the statutory requirements were satisfied”]; Nichols v. City of Taft (2007) 155 Cal.App.4th 1233, 1239 [ 66 Cal.Rptr.3d 680 ] [quoting wrong test langu

2016If the trial court is mistaken about the scope of its discretion, the mistaken position may be ‘reasonable’, i.e., one as to which reasonable judges could differ. [Citation.] But if the trial court acts in accord with its mistaken view the action is nonetheless error; it is wrong on the law.” (City of Sacramento v. Drew (1989) 207 Cal.App.3d 1287 , 1297–1298.) II.

610
Flannery v. California Highway Patrolgreen
calctapp · 1998 · cited in 3 California opinions naming this issue, 2016–2016
2 sentences

2016(See City of Sacramento v. Drew (1989) 207 Cal.App.3d 1287, 1298 [ 255 Cal.Rptr. 704 ] [noting that “if the trial court acts in accord with its mistaken view the action is nonetheless error; it is wrong on the law”]; Flannery v. California Highway Patrol (1998) 61 Cal.App.4th 629, 634 [ 71 Cal.Rptr.2d 632 ] [“reversal is required where there is no reasonable basis for the ruling or when the trial court has applied the wrong test to determine if the statutory requirements were satisfied”]; Nichols v. City of Taft (2007) 155 Cal.App.4th 1233, 1239 [ 66 Cal.Rptr.3d 680 ] [quoting wrong test langu

2016(See City of Sacramento v. Drew (1989) 207 Cal.App.3d 1287, 1298 [ 255 Cal.Rptr. 704 ] [noting that “if the trial court acts in accord with its mistaken view the action is nonetheless error; it is wrong on the law”]; Flannery v. California Highway Patrol (1998) 61 Cal.App.4th 629, 634 [ 71 Cal.Rptr.2d 632 ] [“reversal is required where there is no reasonable basis for the ruling or when the trial court has applied the wrong test to determine if the statutory requirements were satisfied”]; Nichols v. City of Taft (2007) 155 Cal.App.4th 1233, 1239 [ 66 Cal.Rptr.3d 680 ] [quoting wrong test langu

33
Nichols v. City of Taftgreen
calctapp · 2007 · cited in 3 California opinions naming this issue, 2016–2016
2 sentences

2016(See City of Sacramento v. Drew (1989) 207 Cal.App.3d 1287, 1298 [ 255 Cal.Rptr. 704 ] [noting that “if the trial court acts in accord with its mistaken view the action is nonetheless error; it is wrong on the law”]; Flannery v. California Highway Patrol (1998) 61 Cal.App.4th 629, 634 [ 71 Cal.Rptr.2d 632 ] [“reversal is required where there is no reasonable basis for the ruling or when the trial court has applied the wrong test to determine if the statutory requirements were satisfied”]; Nichols v. City of Taft (2007) 155 Cal.App.4th 1233, 1239 [ 66 Cal.Rptr.3d 680 ] [quoting wrong test langu

2016(See City of Sacramento v. Drew (1989) 207 Cal.App.3d 1287, 1298 [ 255 Cal.Rptr. 704 ] [noting that “if the trial court acts in accord with its mistaken view the action is nonetheless error; it is wrong on the law”]; Flannery v. California Highway Patrol (1998) 61 Cal.App.4th 629, 634 [ 71 Cal.Rptr.2d 632 ] [“reversal is required where there is no reasonable basis for the ruling or when the trial court has applied the wrong test to determine if the statutory requirements were satisfied”]; Nichols v. City of Taft (2007) 155 Cal.App.4th 1233, 1239 [ 66 Cal.Rptr.3d 680 ] [quoting wrong test langu

33
Horsford v. Board of Trustees of California State Universitygreen
calctapp · 2005 · cited in 5 California opinions naming this issue, 2015–2016
2 sentences

2016(See City of Sacramento v. Drew (1989) 207 Cal.App.3d 1287, 1298 [ 255 Cal.Rptr. 704 ] [noting that “if the trial court acts in accord with its mistaken view the action is nonetheless error; it is wrong on the law”]; Flannery v. California Highway Patrol (1998) 61 Cal.App.4th 629, 634 [ 71 Cal.Rptr.2d 632 ] [“reversal is required where there is no reasonable basis for the ruling or when the trial court has applied the wrong test to determine if the statutory requirements were satisfied”]; Nichols v. City of Taft (2007) 155 Cal.App.4th 1233, 1239 [ 66 Cal.Rptr.3d 680 ] [quoting wrong test langu

2016(See City of Sacramento v. Drew (1989) 207 Cal.App.3d 1287, 1298 [ 255 Cal.Rptr. 704 ] [noting that “if the trial court acts in accord with its mistaken view the action is nonetheless error; it is wrong on the law”]; Flannery v. California Highway Patrol (1998) 61 Cal.App.4th 629, 634 [ 71 Cal.Rptr.2d 632 ] [“reversal is required where there is no reasonable basis for the ruling or when the trial court has applied the wrong test to determine if the statutory requirements were satisfied”]; Nichols v. City of Taft (2007) 155 Cal.App.4th 1233, 1239 [ 66 Cal.Rptr.3d 680 ] [quoting wrong test langu

25
Costa Serena Owners Coalition v. Costa Serena Architectural Committeegreen
calctapp · 2009 · cited in 1 California opinions naming this issue, 2010–2010
2 sentences

2010But if the trial court acts in accord with its mistaken view the action is nonetheless error; it is wrong on the law.”); Costa Serena Owners Coalition v. Costa Serena Architectural Com. (2009) 175 Cal.App.4th 1175, 1203 [ 97 Cal.Rptr.3d 170 ] (“Here, the trial court appears to have erroneously interpreted the UDoR, and on this basis, rejected some of the consent forms.

2010But if the trial court acts in accord with its mistaken view the action is nonetheless error; it is wrong on the law.”); Costa Serena Owners Coalition v. Costa Serena Architectural Com. (2009) 175 Cal.App.4th 1175, 1203 [ 97 Cal.Rptr.3d 170 ] (“Here, the trial court appears to have erroneously interpreted the UDoR, and on this basis, rejected some of the consent forms.

11
People v. Jacobsgreen
calctapp · 2007 · cited in 1 California opinions naming this issue, 2009–2009
2 sentences

2009(See, e.g., the majority and dissenting opinions in Baggett v. Gates [(1982)] 32 Cal.3d 128 [ 185 Cal.Rptr. 232 , 649 P.2d 874 ].) But if the trial court acts in accord with its mistaken view the action is nonetheless error; it is wrong on the law." ( City of Sacramento v. Drew (1989) 207 Cal.App.3d 1287 , 1297-1298 [ 255 Cal.Rptr. 704 ]; accord, People v. Jacobs (2007) 156 Cal.App.4th 728 , 737 [ 67 Cal.Rptr.3d 615 ].) Here, because the particular security measure at issue carried a grave risk of prejudice by singling appellant out as potentially dangerous or untrustworthy, the court could no

2009(See, e.g., the majority and dissenting opinions in Baggett v. Gates [(1982)] 32 Cal.3d 128 [ 185 Cal.Rptr. 232 , 649 P.2d 874 ].) But if the trial court acts in accord with its mistaken view the action is nonetheless error; it is wrong on the law." ( City of Sacramento v. Drew (1989) 207 Cal.App.3d 1287 , 1297-1298 [ 255 Cal.Rptr. 704 ]; accord, People v. Jacobs (2007) 156 Cal.App.4th 728 , 737 [ 67 Cal.Rptr.3d 615 ].) Here, because the particular security measure at issue carried a grave risk of prejudice by singling appellant out as potentially dangerous or untrustworthy, the court could no

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 (2)

CaseCitedYears
Baggett v. Gates green
cal · 1982
2 sentences

2009(See, e.g., the majority and dissenting opinions in Baggett v. Gates [(1982)] 32 Cal.3d 128 [ 185 Cal.Rptr. 232 , 649 P.2d 874 ].) But if the trial court acts in accord with its mistaken view the action is nonetheless error; it is wrong on the law." ( City of Sacramento v. Drew (1989) 207 Cal.App.3d 1287 , 1297-1298 [ 255 Cal.Rptr. 704 ]; accord, People v. Jacobs (2007) 156 Cal.App.4th 728 , 737 [ 67 Cal.Rptr.3d 615 ].) Here, because the particular security measure at issue carried a grave risk of prejudice by singling appellant out as potentially dangerous or untrustworthy, the court could no

2009(See, e.g., the majority and dissenting opinions in Baggett v. Gates [(1982)] 32 Cal.3d 128 [ 185 Cal.Rptr. 232 , 649 P.2d 874 ].) But if the trial court acts in accord with its mistaken view the action is nonetheless error; it is wrong on the law." ( City of Sacramento v. Drew (1989) 207 Cal.App.3d 1287 , 1297-1298 [ 255 Cal.Rptr. 704 ]; accord, People v. Jacobs (2007) 156 Cal.App.4th 728 , 737 [ 67 Cal.Rptr.3d 615 ].) Here, because the particular security measure at issue carried a grave risk of prejudice by singling appellant out as potentially dangerous or untrustworthy, the court could no

31989–2009
Boston v. Penny Lane Centers, Inc. green
calctapp · 2009
1 sentence

2013(Boston, supra, 170 Cal.App.4th at p. 950 .) We think the trial court was mistaken about the circumstances as they affected the scope of its discretion. "[I]f the trial court acts in accord with its mistaken view the action is nonetheless error; it is wrong on the law." (City of Sacramento v. Drew, supra, 207 Cal.App.3d 1287, 1298 .) We do not substitute our discretion for that of the trial court, but we do find that the court failed to act in accordance with the statutory guidelines when it terminated the case for these technical procedural problems, in light of the lack of showing of undue p

12013–2013

Statutes the citing opinions construe

CA § Cal. Family Code § 1103 (3) CA § Cal. Probate Code § 3089 (3)

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.

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