inception doctrine (California) · Go Syfert
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inception doctrine in California

13 California opinions name it 2 courts 1886–2023 2 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 (2)

CaseFollowedCited
Horney v. Horneygreen
calctapp · 1953 · cited in 1 California opinions naming this issue, 1968–1968
2 sentences

1968Co., 194 Cal.App.2d 868, 884 [ 15 Cal.Rptr. 757 ] ; Horney v. Horney, 118 Cal.App.2d 679, 682-683 [ 258 P.2d 555 ].) However, where a case is tried on the theory that a matter is in issue and evidence thereon is received without objection, it is too late, on appeal, to attack the finding. (2 Witkin, Cal. Procedure (1954) Trial, § 116, pp. 1848-1849.) The record in this case discloses that at the inception of the hearing, respondents ’ counsel advised the trial court that his clients objected to the petition on the merits in every respect, particularly with reference to the allegations containe

1968Co., 194 Cal.App.2d 868, 884 [ 15 Cal.Rptr. 757 ] ; Horney v. Horney, 118 Cal.App.2d 679, 682-683 [ 258 P.2d 555 ].) However, where a case is tried on the theory that a matter is in issue and evidence thereon is received without objection, it is too late, on appeal, to attack the finding. (2 Witkin, Cal. Procedure (1954) Trial, § 116, pp. 1848-1849.) The record in this case discloses that at the inception of the hearing, respondents ’ counsel advised the trial court that his clients objected to the petition on the merits in every respect, particularly with reference to the allegations containe

11
G & P Electric Co. v. Dumont Construction Co.green
calctapp · 1961 · cited in 1 California opinions naming this issue, 1968–1968
2 sentences

1968Co., 194 Cal.App.2d 868, 884 [ 15 Cal.Rptr. 757 ] ; Horney v. Horney, 118 Cal.App.2d 679, 682-683 [ 258 P.2d 555 ].) However, where a case is tried on the theory that a matter is in issue and evidence thereon is received without objection, it is too late, on appeal, to attack the finding. (2 Witkin, Cal. Procedure (1954) Trial, § 116, pp. 1848-1849.) The record in this case discloses that at the inception of the hearing, respondents ’ counsel advised the trial court that his clients objected to the petition on the merits in every respect, particularly with reference to the allegations containe

1968Co., 194 Cal.App.2d 868, 884 [ 15 Cal.Rptr. 757 ] ; Horney v. Horney, 118 Cal.App.2d 679, 682-683 [ 258 P.2d 555 ].) However, where a case is tried on the theory that a matter is in issue and evidence thereon is received without objection, it is too late, on appeal, to attack the finding. (2 Witkin, Cal. Procedure (1954) Trial, § 116, pp. 1848-1849.) The record in this case discloses that at the inception of the hearing, respondents ’ counsel advised the trial court that his clients objected to the petition on the merits in every respect, particularly with reference to the allegations containe

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 (13)

CaseCitedYears
Fibreboard Paper Products Corp. v. East Bay Union of MacHinists, Local 1304 green
calctapp · 1964
2 sentences

2023We now deny that request because the information attached to the request is irrelevant. 5 Fibreboard Paper Products Corp. v. East Bay Union of Machinists (1964) 227 Cal.App.2d 675, 698 .) At the inception of the hearing, defense counsel informed the court there was a binder, a copy of which had previously been provided to opposing counsel, but there was no express request that the court read it before hearing testimony.

2023(Haskell v. Carli (1987) 195 Cal.App.3d 124, 129 , citing Fibreboard Paper Products Corp. v. East Bay Union of Machinists (1964) 227 Cal.App.2d 675, 698 .) 5 At the inception of the hearing, defense counsel informed the court there was a binder, a copy of which had previously been provided to opposing counsel, but there was no express request that the court read it before hearing testimony.

22023–2023
Nga Li v. Yellow Cab Co. green
cal · 1975
2 sentences

1998The theory of comparative negligence was first adopted in Li v. Yellow Cab Co. (1975) 13 Cal.3d 804 [ 119 Cal.Rptr. 858 , 532 P.2d 1226 , 78 A.L.R.3d 393 ], where the court allowed a reduction of a plaintiff’s recovery by the degree of fault attributed to the plaintiff’s actions.

1998The theory of comparative negligence was first adopted in Li v. Yellow Cab Co. (1975) 13 Cal.3d 804 [ 119 Cal.Rptr. 858 , 532 P.2d 1226 , 78 A.L.R.3d 393 ], where the court allowed a reduction of a plaintiff’s recovery by the degree of fault attributed to the plaintiff’s actions.

21998–1998
Safeway Stores, Inc. v. Nest-Kart green
cal · 1978
2 sentences

1998(Daly v. General Motors Corp. (1978) 20 Cal.3d 725 [ 144 Cal.Rptr. 380 , 575 P.2d 1162 ]; Safeway Stores, Inc. v. Nest-Kart, supra, 21 Cal.3d 322 .) Almost from the inception of the doctrine of comparative negligence, the court has extended it to cases other than those based expressly on negligence.

1998To the contrary, there is long-standing Supreme Court authority allocating fault between strictly liable and negligent defendants. ( Daly v. General Motors Corp. (1978) 20 Cal.3d 725 [ 144 Cal. Rptr. 380 , 575 P.2d 1162 ]; Safeway Stores, Inc. v. Nest-Kart, supra, 21 Cal.3d 322 .) Almost from the inception of the doctrine of comparative negligence, the court has extended it to cases other than those based expressly on negligence.

21998–1998
Daly v. General Motors Corp. green
cal · 1978
2 sentences

1998(Daly v. General Motors Corp. (1978) 20 Cal.3d 725 [ 144 Cal.Rptr. 380 , 575 P.2d 1162 ]; Safeway Stores, Inc. v. Nest-Kart, supra, 21 Cal.3d 322 .) Almost from the inception of the doctrine of comparative negligence, the court has extended it to cases other than those based expressly on negligence.

1998(Daly v. General Motors Corp. (1978) 20 Cal.3d 725 [ 144 Cal.Rptr. 380 , 575 P.2d 1162 ]; Safeway Stores, Inc. v. Nest-Kart, supra, 21 Cal.3d 322 .) Almost from the inception of the doctrine of comparative negligence, the court has extended it to cases other than those based expressly on negligence.

21998–1998
People v. Padilla neutral
prsupreme · 1914
2 sentences

1926(De Necochea v. Curtis, 80 Cal. 402, 405 [ 20 Pac. 563 , 22 Pac. 198 ]; Wells v. Mantes, 99 Cal. 584 [ 34 Pac. 324 ]; Alta Land Co. v. Hancock, 85 Cal. 223 [20 Am, St.

1915(De Necochea v. Curtis, 80 Cal. 402, 405 , [ 20 Pac. 563 , 22 Pac. 198 ]; Wells v. Mantes, 99 Cal. 584 , [ 34 Pac. 324 ]; Alta Land Co. v. Hancock, 85 Cal. 223 , [ 20 Am.

21915–1926
Carrero v. Morales-Díaz green
prsupreme · 1925
2 sentences

1926(De Necochea v. Curtis, 80 Cal. 402, 405 [ 20 Pac. 563 , 22 Pac. 198 ]; Wells v. Mantes, 99 Cal. 584 [ 34 Pac. 324 ]; Alta Land Co. v. Hancock, 85 Cal. 223 [20 Am, St.

1915(De Necochea v. Curtis, 80 Cal. 402, 405 , [ 20 Pac. 563 , 22 Pac. 198 ]; Wells v. Mantes, 99 Cal. 584 , [ 34 Pac. 324 ]; Alta Land Co. v. Hancock, 85 Cal. 223 , [ 20 Am.

21915–1926
De Necochea v. Curtis green
cal · 1889
2 sentences

1926(De Necochea v. Curtis, 80 Cal. 402, 405 [ 20 Pac. 563 , 22 Pac. 198 ]; Wells v. Mantes, 99 Cal. 584 [ 34 Pac. 324 ]; Alta Land Co. v. Hancock, 85 Cal. 223 [20 Am, St.

1915(De Necochea v. Curtis, 80 Cal. 402, 405 , [ 20 Pac. 563 , 22 Pac. 198 ]; Wells v. Mantes, 99 Cal. 584 , [ 34 Pac. 324 ]; Alta Land Co. v. Hancock, 85 Cal. 223 , [ 20 Am.

21915–1926
Broder v. Water Co. green
scotus · 1879
2 sentences

1886In Broder v. Water Company, 101 U. S. 274 , it appeared: In the year 1853 the defendant completed a canal through which it had continuously conducted waters and distributed them for mining,, agricultural, and other uses; that a portion of the land through which the canal ran was included in the land granted to the Pacific Railroad (under whom plaintiff claimed), by the act of July 2, 1864; that the plaintiff also claimed as a preemptor, the inception of his claim as such being a declaratory statement filed August 6, 1866.

1886In Broder v. Water Company, 101 U. S. 274 , it appeared: In the year 1853 the defendant completed a canal through which it had continuously conducted waters and distributed them for mining,, agricultural, and other uses; that a portion of the land through which the canal ran was included in the land granted to the Pacific Railroad (under whom plaintiff claimed), by the act of July 2, 1864; that the plaintiff also claimed as a preemptor, the inception of his claim as such being a declaratory statement filed August 6, 1866.

21886–1886
Haskell v. Carli green
calctapp · 1987
1 sentence

2023(Haskell v. Carli (1987) 195 Cal.App.3d 124, 129 , citing Fibreboard Paper Products Corp. v. East Bay Union of Machinists (1964) 227 Cal.App.2d 675, 698 .) 5 At the inception of the hearing, defense counsel informed the court there was a binder, a copy of which had previously been provided to opposing counsel, but there was no express request that the court read it before hearing testimony.

12023–2023
California Hotel & Motel Ass'n v. Industrial Welfare Commission green
cal · 1979
1 sentence

1998“A court must ensure that an agency has adequately considered all relevant factors, and has demonstrated a rational connection between those factors, the choice made, and the purposes of the enabling statute.” (California Hotel, supra, 25 Cal.3d at p. 212 , fn. omitted.) The reviewing court thus has the obligation at the inception of its analysis to determine whether the ■agency has demonstrated a rational connection between the basis for its decision and the purposes of the enabling statute.

11998–1998
Gale v. York Center Community Cooperative, Inc. green
ill · 1960
2 sentences

1989(Gale v. York Center Community Cooperative, Inc. (1960) 21 Ill.2d 86 [ 171 N.E.2d 30 ].) In Gale, supra, the Illinois Supreme Court observed: “[T]he crucial inquiry should be directed at the utility of the restraint as compared with the injurious consequences that will flow from its enforcement.

1989(Gale v. York Center Community Cooperative, Inc. (1960) 21 Ill.2d 86 [ 171 N.E.2d 30 ].) In Gale, supra, the Illinois Supreme Court observed: “[T]he crucial inquiry should be directed at the utility of the restraint as compared with the injurious consequences that will flow from its enforcement.

11989–1989
Webb v. Baird green
ind · 1854
1 sentence

1986Furthermore, expanding concepts in law have increased the volume of assignments, the complexity of the issues involved, and a mushrooming of the duties involved in an appointed case.” Even at the time of Rowe, the myth that lawyers occupied a special station, and were obliged thereby to render free legal services to indigents, was laid to rest in Indiana in Webb v. Baird (1854) 6 Ind. 13 .

11986–1986
Anselmo v. Sebastiani green
cal · 1933
2 sentences

1958Anselmo v. Sehastiani, 219 Cal. 292 [ 26 P.2d 1 ], is directly in point.

1958Anselmo v. Sehastiani, 219 Cal. 292 [ 26 P.2d 1 ], is directly in point.

11958–1958

Where else courts name it

CA 13 (1886–2023) KS 6 (1943–1984) GA 6 (1969–2008) PA 6 (1939–2014) NY 3 (1924–1979) OH 3 (2002–2005) TX 3 (1984–2008) MA 2 (1942–1986) NM 2 (1951–1967) MD 2 (1979–1986) AZ 2 (1983–1983) KY 2 (2024–2024) NJ 2 (1982–1997) CT 2 (1997–2005) IL 2 (1955–1955)

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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