13 California opinions name it 3 courts 1945–2025 1 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 |
|---|---|---|
Weiner v. Roofgreen2 sentences1945Dist. (1895), 107 Cal. 55, 64 [ 40 P. 45 ]; Mohr v. Byrne (1901), 135 Cal. 87, 90 [ 67 P. 11 ]; Weiner v. Roof (1937), 10 Cal.2d 450, 452 [ 74 P.2d 736 ].) The rights of the defendant Harris as an assignee of such fund as against the claim of the plaintiff herein as the legal owner thereof may properly be tested in the light of the law applicable to a claim by such defendant that he is a holder in due course of a negotiable instrument. 1945Dist. (1895), 107 Cal. 55, 64 [ 40 P. 45 ]; Mohr v. Byrne (1901), 135 Cal. 87, 90 [ 67 P. 11 ]; Weiner v. Roof (1937), 10 Cal.2d 450, 452 [ 74 P.2d 736 ].) The rights of the defendant Harris as an assignee of such fund as against the claim of the plaintiff herein as the legal owner thereof may properly be tested in the light of the law applicable to a claim by such defendant that he is a holder in due course of a negotiable instrument. | 2 | 2 |
First Nat'l Bank of Bridgeport v. Perris Irrigation Dist.green2 sentences1945Dist. (1895), 107 Cal. 55, 64 [ 40 P. 45 ]; Mohr v. Byrne (1901), 135 Cal. 87, 90 [ 67 P. 11 ]; Weiner v. Roof (1937), 10 Cal.2d 450, 452 [ 74 P.2d 736 ].) The rights of the defendant Harris as an assignee of such fund as against the claim of the plaintiff herein as the legal owner thereof may properly be tested in the light of the law applicable to a claim by such defendant that he is a holder in due course of a negotiable instrument. [4] As to negotiable instruments, it is the general rule that a transferee, purchaser or assignee, where there is nothing about the circumstances attending the 1945Dist. (1895), 107 Cal. 55, 64 [ 40 P. 45 ]; Mohr v. Byrne (1901), 135 Cal. 87, 90 [ 67 P. 11 ]; Weiner v. Roof (1937), 10 Cal.2d 450, 452 [ 74 P.2d 736 ].) The rights of the defendant Harris as an assignee of such fund as against the claim of the plaintiff herein as the legal owner thereof may properly be tested in the light of the law applicable to a claim by such defendant that he is a holder in due course of a negotiable instrument. | 2 | 2 |
Mohr v. Byrnegreen2 sentences1945Dist. (1895), 107 Cal. 55, 64 [ 40 P. 45 ]; Mohr v. Byrne (1901), 135 Cal. 87, 90 [ 67 P. 11 ]; Weiner v. Roof (1937), 10 Cal.2d 450, 452 [ 74 P.2d 736 ].) The rights of the defendant Harris as an assignee of such fund as against the claim of the plaintiff herein as the legal owner thereof may properly be tested in the light of the law applicable to a claim by such defendant that he is a holder in due course of a negotiable instrument. 1945Dist. (1895), 107 Cal. 55, 64 [ 40 P. 45 ]; Mohr v. Byrne (1901), 135 Cal. 87, 90 [ 67 P. 11 ]; Weiner v. Roof (1937), 10 Cal.2d 450, 452 [ 74 P.2d 736 ].) The rights of the defendant Harris as an assignee of such fund as against the claim of the plaintiff herein as the legal owner thereof may properly be tested in the light of the law applicable to a claim by such defendant that he is a holder in due course of a negotiable instrument. | 2 | 2 |
People v. Whitmergreen1 sentence2019He was convicted in count 27 for taking fees from Janet and Robert and in count 28 for taking their real property. 17 p. 519 [holding that a defendant may be convicted of multiple counts of grand theft for a series of wrongful acts if the evidence shows that the offenses are separate and distinct and were not committed “pursuant to one intention, one general impulse, and one plan”]; People v. Whitmer (2014) 59 Cal.4th 733, 735 (Whitmer) [reexamining Bailey and holding that “a defendant may be convicted of multiple counts of grand theft based on separate and distinct acts of theft, even if comm | 1 | 1 |
People v. Morrisgreen2 sentences2005The law applicable to a claim of insufficiency of the evidence is well settled: “ ‘In reviewing [a claim regarding] the sufficiency of the evidence, we must determine “whether, after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt.” [Citation.] “[T]he court must review the whole record in the light most favorable to the judgment below to determine whether it discloses substantial evidence—that is, evidence which is reasonable, credible, and of solid value—such that a r 2005The law applicable to a claim of insufficiency of the evidence is well settled: “ ‘In reviewing [a claim regarding] the sufficiency of the evidence, we must determine “whether, after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt.” [Citation.] “[T]he court must review the whole record in the light most favorable to the judgment below to determine whether it discloses substantial evidence—that is, evidence which is reasonable, credible, and of solid value—such that a r | 1 | 1 |
People v. Ochoagreen2 sentences2005The law applicable to a claim of insufficiency of the evidence is well settled: “ ‘In reviewing [a claim regarding] the sufficiency of the evidence, we must determine “whether, after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt.” [Citation.] “[T]he court must review the whole record in the light most favorable to the judgment below to determine whether it discloses substantial evidence—that is, evidence which is reasonable, credible, and of solid value—such that a r 2005The law applicable to a claim of insufficiency of the evidence is well settled: “ ‘In reviewing [a claim regarding] the sufficiency of the evidence, we must determine “whether, after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt.” [Citation.] “[T]he court must review the whole record in the light most favorable to the judgment below to determine whether it discloses substantial evidence—that is, evidence which is reasonable, credible, and of solid value—such that a r | 1 | 1 |
C & L Enterprises Inc. v. Citizen Band Potawatomi Indian Tribe of Oklahomagreen2 sentences2002Although there are, no doubt, some substantive differences between tribal sovereign immunity and the law applicable to waiver of immunity by foreign sovereigns, the court in C & L Enterprises, supra, 532 U.S. at page 421, footnote 3 [ 121 S.Ct. at page 1595 ] observed that reference to uniform federal law governing the waiver of immunities by foreign sovereigns is appropriate in deciding whether a particular act constitutes a waiver of tribal immunity. 2002Although there are, no doubt, some substantive differences between tribal sovereign immunity and the law applicable to waiver of immunity by foreign sovereigns, the court in C & L Enterprises, supra, 532 U.S. at page 421, footnote 3 [ 121 S.Ct. at page 1595 ] observed that reference to uniform federal law governing the waiver of immunities by foreign sovereigns is appropriate in deciding whether a particular act constitutes a waiver of tribal immunity. | 1 | 1 |
People v. Krupagreen2 sentences1962See e.g., the pertinent observation of Mr. Justice (then Presiding Justice) Peters in People v. Krupa (1944) 64 Cal.App.2d 592, 597 [2] [ 149 P.2d 416 ], “The statements of the law applicable to the doctrine of double jeopardy are by no means clear, and in some respects inconsistent. ’ ’ Under the Practice Act (Compiled Laws of California) (1850-1852): “See. 236. 1962See e.g., the pertinent observation of Mr. Justice (then Presiding Justice) Peters in People v. Krupa (1944) 64 Cal.App.2d 592, 597 [2] [ 149 P.2d 416 ], “The statements of the law applicable to the doctrine of double jeopardy are by no means clear, and in some respects inconsistent. ’ ’ Under the Practice Act (Compiled Laws of California) (1850-1852): “See. 236. | 1 | 1 |
People v. Heddensgreen1 sentence1947As was said by this court in People v. Heddens, 12 Cal.App.2d 245, 247 [ 55 P.2d 230 ]: “It is the duty of the court in criminal cases to give of its own motion instructions on the general principles of law pertinent to such cases, even though they are not proposed or presented in writing by the parties themselves.” (Citing cases.) With the record in the condition in which we find it,, we must look into the effect of the error of the trial court in connection with the disposition of this appeal in the light of the provisions of section 4% of article VI of our state Constitution, which forbids | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in California. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Estate of Lances
green
2 sentences1970We carefully stated the law applicable to this inquiry in Estate of Lances (1932) 216 Cal. 397 [ 14 P.2d 768 ], We there held: “A . . . directed verdict may be granted ‘only when, disregarding conflicting evidence and giving to plaintiff’s evidence all the value to which it is legally entitled, herein indulging in every legitimate inference which may be drawn from that evidence, the result is a determination that there is no evidence of sufficient substantiality to support a verdict in favor of the plaintiff if such a verdict were given.’ [Citations.] Unless it can be said as a matter of law, 1970We carefully stated the law applicable to this inquiry in Estate of Lances (1932) 216 Cal. 397 [ 14 P.2d 768 ], We there held: “A . . . directed verdict may be granted ‘only when, disregarding conflicting evidence and giving to plaintiff’s evidence all the value to which it is legally entitled, herein indulging in every legitimate inference which may be drawn from that evidence, the result is a determination that there is no evidence of sufficient substantiality to support a verdict in favor of the plaintiff if such a verdict were given.’ [Citations.] Unless it can be said as a matter of law, | 3 | 1967–1970 |
Rodríguez v. Santos
neutral
2 sentences1945Dist. (1895), 107 Cal. 55, 64 [ 40 P. 45 ]; Mohr v. Byrne (1901), 135 Cal. 87, 90 [ 67 P. 11 ]; Weiner v. Roof (1937), 10 Cal.2d 450, 452 [ 74 P.2d 736 ].) The rights of the defendant Harris as an assignee of such fund as against the claim of the plaintiff herein as the legal owner thereof may properly be tested in the light of the law applicable to a claim by such defendant that he is a holder in due course of a negotiable instrument. [4] As to negotiable instruments, it is the general rule that a transferee, purchaser or assignee, where there is nothing about the circumstances attending the 1945Dist. (1895), 107 Cal. 55, 64 [ 40 P. 45 ]; Mohr v. Byrne (1901), 135 Cal. 87, 90 [ 67 P. 11 ]; Weiner v. Roof (1937), 10 Cal.2d 450, 452 [ 74 P.2d 736 ].) The rights of the defendant Harris as an assignee of such fund as against the claim of the plaintiff herein as the legal owner thereof may properly be tested in the light of the law applicable to a claim by such defendant that he is a holder in due course of a negotiable instrument. | 2 | 1945–1945 |
People v. Wesley
green
1 sentence2025Kavry relies on Myers Building Industries, Ltd. v. Interface Technology, Inc. (1993) 13 Cal.App.4th 949 (Myers) and People v. Wesley (1986) 177 Cal.App.3d 397 (Wesley) to support its claim the “and/or” language in CACI 14 Because we conclude the jury properly awarded McDoniel damages for wrongful discharge in violation of public policy, as set forth in special verdict No. 1, we deem it unnecessary in this case to decide whether a violation of section 432.2 provided an alternative ground for an award of damages, as the jury found in special verdict No. 2. 18 No. 2430 and special verdict No. 1 m | 1 | 2025–2025 |
Myers Building Industries, Ltd. v. Interface Technology, Inc.
green
1 sentence2025Kavry relies on Myers Building Industries, Ltd. v. Interface Technology, Inc. (1993) 13 Cal.App.4th 949 (Myers) and People v. Wesley (1986) 177 Cal.App.3d 397 (Wesley) to support its claim the “and/or” language in CACI 14 Because we conclude the jury properly awarded McDoniel damages for wrongful discharge in violation of public policy, as set forth in special verdict No. 1, we deem it unnecessary in this case to decide whether a violation of section 432.2 provided an alternative ground for an award of damages, as the jury found in special verdict No. 2. 18 No. 2430 and special verdict No. 1 m | 1 | 2025–2025 |
People v. Bailey
green
1 sentence2019(See Bailey, supra, 55 Cal.2d at 2 Because we reverse the convictions on counts 29 and 30 for insufficient evidence, we need not consider defendant’s argument that the trial court misinstructed the jury on the law applicable to a violation of Civil Code section 2945.4. 3 Defendant was convicted in count 20 of grand theft (§ 487, subd. (a)) for taking fees from Hector and in count 21 of attempted grand theft (§§ 664/487, subd. (a)) for taking or attempting to take his real property. | 1 | 2019–2019 |
People v. Maury
green
1 sentence2013(People v. Maury (2003) 30 Cal.4th 342, 396 .) Appellant suggests it is simply suspicion that he assaulted Officer Reyes with his nine-millimeter gun, because Officer Reyes merely saw the gun in appellant’s hand and did not see or hear him fire the gun. | 1 | 2013–2013 |
People v. Carter
green
1 sentence2013Substantial Evidence Supports Count 1 Conviction Appellant contends his count 1 conviction for assault with a semiautomatic firearm on Officer Reyes (§ 245, subd. (d)(2)) is not supported by the evidence, because “there was insufficient evidence that appellant did an act with a semiautomatic firearm that by its nature would directly and probably result in the application of force to a person.” 5 “The law applicable to a claim of insufficiency of the evidence is well settled: ‘“In reviewing [a claim regarding] the sufficiency of the evidence, we must determine ‘whether, after reviewing the evid | 1 | 2013–2013 |
People v. Osband
green
1 sentence2005The law applicable to a claim of insufficiency of the evidence is well settled: “ ‘In reviewing [a claim regarding] the sufficiency of the evidence, we must determine “whether, after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt.” [Citation.] “[T]he court must review the whole record in the light most favorable to the judgment below to determine whether it discloses substantial evidence—that is, evidence which is reasonable, credible, and of solid value—such that a r | 1 | 2005–2005 |
People v. Eckert
neutral
1 sentence1946In People v. Eckert (1862), 19 Cal. 603, 605 , this court said: “The fact pointed out by *699 this instruction it was material for The People to prove, in order to establish the defendant’s guilt under the other circumstances of this case, and as the charge given by the Court as to reasonable doubt, though appropriate, was general in its terms, the defendant had a right to ask an instruction that if there was a reasonable doubt as to this essential fact, the defendant should have the benefit of it.” Defendant here was entitled to have the jury advised directly and clearly as to the law applica | 1 | 1946–1946 |
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.