law also supports claim (California) · Go Syfert
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law also supports claim in California

13 California opinions name it 1 courts 2000–2015 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 (8)

CaseFollowedCited
Margolin v. Shemariagreen
calctapp · 2000 · cited in 6 California opinions naming this issue, 2008–2015
2 sentences

2015Centex argues "there was substantial evidence to support a finding that by doing substandard work in the kitchen nook, Macord breached its warranty and became liable for express indemnity because Centex's contract liability to the Esparzas in part arose out of or related to Macord's work."5 The order granting directed verdict must be reversed if "there is substantial evidence to support [Centex's] claim, and if the state of the law also supports that claim." (Margolin v. Shemaria (2000) 85 Cal.App.4th 891, 895 .) Here, as Macord points out, Centex does not cite to any evidence supporting its c

2014Code, § 776 must be taken as true and unfavorable portions disregarded].) “If there is substantial evidence to support [appellant’s] claim, and if the state of the law also supports that claim, we must reverse the judgment. [Citation.]” (Margolin v. Shemaria (2000) 85 Cal.App.4th 891, 895 [ 102 Cal.Rptr.2d 502 ].) On appeal, the parties argue extensively whether East West Bank’s drawing down on the letter of credit extinguished DB NPI’s debt because the letter of credit required the draft to state that the claimed amount “represents and covers the unpaid indebtedness.” Respondents contend the

46
Wolf v. Walt Disney Pictures and Televisiongreen
calctapp · 2008 · cited in 6 California opinions naming this issue, 2011–2014
2 sentences

2014“We independently review an order granting a nonsuit, evaluating the evidence in the light most favorable to the plaintiff and resolving all presumptions, inferences and doubts in his or her favor. [Citations.] ‘Although a judgment of nonsuit must not be reversed if plaintiff’s proof raises nothing more than speculation, suspicion, or conjecture, reversal is warranted if there is “some substance to plaintiff’s evidence upon which reasonable minds could differ . . . .”’ [Citation.] In other words, ‘[i]f there is substantial evidence to support [the plaintiff’s] claim, and if the state of the la

2013(Edwards v. Centex Real Estate Corp. (1997) 53 Cal.App.4th 15, 28 [ 61 Cal.Rptr.2d 518 ].) “ ‘Although a judgment of nonsuit must not be reversed if plaintiff’s proof raises nothing more than speculation, suspicion, or conjecture, reversal is warranted if there is “some substance to plaintiff’s evidence upon which reasonable minds could differ ....”’ (Carson [v. Facilities Development Co., supra, 36 Cal.3d] at p. 839.) In other words, ‘[i]f there is substantial evidence to support [the plaintiff’s] claim, and if the state of the law also supports that claim, we must reverse the judgment.’ [Cit

36
Edwards v. Centex Real Estate Corp.green
calctapp · 1997 · cited in 2 California opinions naming this issue, 2013–2013
2 sentences

2013(Edwards v. Centex Real Estate Corp. (1997) 53 Cal.App.4th 15, 28 [ 61 Cal.Rptr.2d 518 ].) “ ‘Although a judgment of nonsuit must not be reversed if plaintiff’s proof raises nothing more than speculation, suspicion, or conjecture, reversal is warranted if there is “some substance to plaintiff’s evidence upon which reasonable minds could differ ....”’ (Carson [v. Facilities Development Co., supra, 36 Cal.3d] at p. 839.) In other words, ‘[i]f there is substantial evidence to support [the plaintiff’s] claim, and if the state of the law also supports that claim, we must reverse the judgment.’ [Cit

2013(Edwards v. Centex Real Estate Corp. (1997) 53 Cal.App.4th 15, 28 [ 61 Cal.Rptr.2d 518 ].) “ ‘Although a judgment of nonsuit must not be reversed if plaintiff’s proof raises nothing more than speculation, suspicion, or conjecture, reversal is warranted if there is “some substance to plaintiff’s evidence upon which reasonable minds could differ ....”’ (Carson [v. Facilities Development Co., supra, 36 Cal.3d] at p. 839.) In other words, ‘[i]f there is substantial evidence to support [the plaintiff’s] claim, and if the state of the law also supports that claim, we must reverse the judgment.’ [Cit

12
Barnes, Crosby, Fitzgerald & Zeman, LLP v. Ringlergreen
calctapp · 2012 · cited in 1 California opinions naming this issue, 2013–2013
1 sentence

2013Proc., § 657, subd. (a)(2).) 6 The notice of appeal had also been filed by that time. 5 On appeal from a nonsuit, we independently review the order, “evaluating the evidence in the light most favorable to the plaintiff and resolving all presumptions, inferences and doubts in his or her favor. [Citations.] „Although a judgment of nonsuit must not be reversed if plaintiff‟s proof raises nothing more than speculation, suspicion, or conjecture, reversal is warranted if there is “some substance to plaintiff‟s evidence upon which reasonable minds could differ. . . .”‟ [Citation.] In other words, „[i

11
Bruns v. E-Commerce Exchange, Inc.green
cal · 2011 · cited in 1 California opinions naming this issue, 2011–2011
2 sentences

2011II Discussion A. Standard of Review “We independently review an order granting a nonsuit, evaluating the evidence, in the light most favorable to the plaintiff and resolving all presumptions, inferences and doubts in his or her favor. [Citations.] ‘Although a judgment of nonsuit must not be reversed if plaintiff’s proof raises nothing more than speculation, suspicion, or conjecture, reversal is warranted if there is “some substance to plaintiff’s evidence upon which reasonable minds could differ ....”’ [Citation.] In other words, ‘[i]f there is substantial evidence to support [the plaintiff’s]

2011II Discussion A. Standard of Review “We independently review an order granting a nonsuit, evaluating the evidence, in the light most favorable to the plaintiff and resolving all presumptions, inferences and doubts in his or her favor. [Citations.] ‘Although a judgment of nonsuit must not be reversed if plaintiff’s proof raises nothing more than speculation, suspicion, or conjecture, reversal is warranted if there is “some substance to plaintiff’s evidence upon which reasonable minds could differ ....”’ [Citation.] In other words, ‘[i]f there is substantial evidence to support [the plaintiff’s]

11
McClain v. Octagon Plaza, LLCgreen
calctapp · 2008 · cited in 1 California opinions naming this issue, 2008–2008
2 sentences

2008(McClain v. Octagon Plaza, LLC (2008) 159 Cal.App.4th 784, 802 [ 71 Cal.Rptr.3d 885 ].) If the trial court’s ruling or decision is correct upon any theory of law applicable to the case, it will be upheld without regard to the considerations underlying the court’s determination.

2008(McClain v. Octagon Plaza, LLC (2008) 159 Cal.App.4th 784, 802 [ 71 Cal.Rptr.3d 885 ].) If the trial court’s ruling or decision is correct upon any theory of law applicable to the case, it will be upheld without regard to the considerations underlying the court’s determination.

11
Howard v. Owens Corninggreen
calctapp · 1999 · cited in 1 California opinions naming this issue, 2008–2008
2 sentences

2008DISCUSSION Standard of Review A directed verdict in favor of a defendant will be reversed if “there is substantial evidence to support plaintiffs’ claim, and if the state of the law also supports that claim.” (Margolin v. Shemaria (2000) 85 Cal.App.4th 891, 895 [ 102 Cal.Rptr.2d 502 ]; see Howard v. Owens Coming (1999) 72 Cal.App.4th 621, 629-630 [ 85 Cal.Rptr.2d 386 ].) On appeal, we review the trial court’s ruling, not its reasoning.

2008DISCUSSION Standard of Review A directed verdict in favor of a defendant will be reversed if “there is substantial evidence to support plaintiffs’ claim, and if the state of the law also supports that claim.” (Margolin v. Shemaria (2000) 85 Cal.App.4th 891, 895 [ 102 Cal.Rptr.2d 502 ]; see Howard v. Owens Coming (1999) 72 Cal.App.4th 621, 629-630 [ 85 Cal.Rptr.2d 386 ].) On appeal, we review the trial court’s ruling, not its reasoning.

11
Colbaugh v. Hartlinegreen
calctapp · 1994 · cited in 1 California opinions naming this issue, 2000–2000
2 sentences

2000(Colbaugh v. Hartline (1994) 29 Cal.App.4th 1516, 1521 [ 35 Cal.Rptr.2d 213 ].) Interpretation of statutes and administrative regulations, such as the state’s Rules of Professional Conduct for members of the State Bar, receives our independent review on appeal.

2000(Colbaugh v. Hartline (1994) 29 Cal.App.4th 1516, 1521 [ 35 Cal.Rptr.2d 213 ].) Interpretation of statutes and administrative regulations, such as the state’s Rules of Professional Conduct for members of the State Bar, receives our independent review on appeal.

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 (5)

CaseCitedYears
Conn v. Western Placer Unified School District green
calctapp · 2010
1 sentence

2014(Baker v. American Horticulture Supply, Inc. (2010) 186 Cal.App.4th 1059, 1072 .) “ ‘ “In reviewing a grant of . . . [a] directed verdict . . ., we . . . will not sustain the judgment ‘ “unless interpreting the evidence most favorably to [the] plaintiff’s case and most strongly against the defendant and resolving all presumptions, inferences[,] and doubts in favor of the plaintiff a judgment for the defendant is required as a matter of law.” ’ ” [Citation.]’ ” (Ibid.) “If there is substantial evidence to support the appellant’s claim, and if the state of the law also supports that claim, we mu

12014–2014
Baker v. AMERICAN HORTICULTURE SUPPLY, INC. green
calctapp · 2010
1 sentence

2014(Baker v. American Horticulture Supply, Inc. (2010) 186 Cal.App.4th 1059, 1072 .) “ ‘ “In reviewing a grant of . . . [a] directed verdict . . ., we . . . will not sustain the judgment ‘ “unless interpreting the evidence most favorably to [the] plaintiff’s case and most strongly against the defendant and resolving all presumptions, inferences[,] and doubts in favor of the plaintiff a judgment for the defendant is required as a matter of law.” ’ ” [Citation.]’ ” (Ibid.) “If there is substantial evidence to support the appellant’s claim, and if the state of the law also supports that claim, we mu

12014–2014
Saunders v. Taylor green
calctapp · 1996
2 sentences

2013(Woods v. Union Pacific Railroad Co. (2008) 162 Cal.App.4th 571, 576 ; Saunders, supra, 42 Cal.App.4th at p. 1541 .) “If there is substantial evidence to support [appellant‟s] claim, and if the state of 8 the law also supports that claim, we must reverse the judgment. [Citation.]” (Margolin v. Shemaria (2000) 85 Cal.App.4th 891, 895 (Margolin).) B.

2013(Woods v. Union Pacific Railroad Co. (2008) 162 Cal.App.4th 571, 576 ; Saunders, supra, 42 Cal.App.4th at p. 1541 .) “If there is substantial evidence to support [appellant‟s] claim, and if the state of 8 the law also supports that claim, we must reverse the judgment. [Citation.]” (Margolin v. Shemaria (2000) 85 Cal.App.4th 891, 895 (Margolin).) B.

12013–2013
Careau & Co. v. Security Pacific Business Credit, Inc. green
calctapp · 1990
1 sentence

2013The elements of breach of contract are "(1) the contract, (2) plaintiff's performance or excuse for nonperformance, (3) defendant's breach, and (4) the resulting damages to plaintiff." (Careau & Co. v. Security Pacific Business Credit, Inc. (1990) 222 Cal.App.3d 1371, 1388 .) In an action upon a contract, a plaintiff must prove either performance or a valid excuse for nonperformance.

12013–2013
Woods v. Union Pacific Railroad green
calctapp · 2008
1 sentence

2013(Woods v. Union Pacific Railroad Co. (2008) 162 Cal.App.4th 571, 576 ; Saunders, supra, 42 Cal.App.4th at p. 1541 .) “If there is substantial evidence to support [appellant‟s] claim, and if the state of 8 the law also supports that claim, we must reverse the judgment. [Citation.]” (Margolin v. Shemaria (2000) 85 Cal.App.4th 891, 895 (Margolin).) B.

12013–2013

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