parties disagree standard (California) · Go Syfert
← California issues

parties disagree standard in California

14 California opinions name it 1 courts 2016–2025 6 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
In re Marriage of Nassimigreen
calctapp · 2016 · cited in 1 California opinions naming this issue, 2024–2024
1 sentence

2024The Ostranders argue it is de novo because Skillman’s survey was insufficient as a matter of law, and because interpreting a deed is like interpreting a contract, and “interpreting a contract is a matter of law subject to de novo review.” (Estate of Jones (2022) 82 Cal.App.5th 948 , 953; see also City of Manhattan Beach v. Superior Court (1996) 13 Cal.4th 232, 238 [“ ‘It is . . . solely a judicial function to interpret a written instrument unless the interpretation turns upon the credibility of extrinsic evidence’ ”]; In re Marriage of Nassimi (2016) 3 Cal.App.5th 667, 688, fn. 33 [where no ex

11
City of Manhattan Beach v. Superior Courtgreen
cal · 1996 · cited in 1 California opinions naming this issue, 2024–2024
1 sentence

2024The Ostranders argue it is de novo because Skillman’s survey was insufficient as a matter of law, and because interpreting a deed is like interpreting a contract, and “interpreting a contract is a matter of law subject to de novo review.” (Estate of Jones (2022) 82 Cal.App.5th 948 , 953; see also City of Manhattan Beach v. Superior Court (1996) 13 Cal.4th 232, 238 [“ ‘It is . . . solely a judicial function to interpret a written instrument unless the interpretation turns upon the credibility of extrinsic evidence’ ”]; In re Marriage of Nassimi (2016) 3 Cal.App.5th 667, 688, fn. 33 [where no ex

11
Casa Herrera, Inc. v. Beydoungreen
cal · 2004 · cited in 1 California opinions naming this issue, 2017–2017
2 sentences

2017(See Casa Herrera, Inc. v. Beydoun (2004) 32 Cal.4th 336, 343 [ 9 Cal.Rptr.3d 97 , 83 P.3d 497 ].) However, because we have given the term “affiliate” its common meaning, and that meaning favors plaintiff, we need not address his contention. 2 The parties disagree on the standard of proof defendant would have to meet to establish he was an intended third party beneficiary of the release.

2017(See Casa Herrera, Inc. v. Beydoun (2004) 32 Cal.4th 336, 343 [ 9 Cal.Rptr.3d 97 , 83 P.3d 497 ].) However, because we have given the term “affiliate” its common meaning, and that meaning favors plaintiff, we need not address his contention. 2 The parties disagree on the standard of proof defendant would have to meet to establish he was an intended third party beneficiary of the release.

11
In Re Marriage of Mixgreen
cal · 1975 · cited in 1 California opinions naming this issue, 2016–2016
1 sentence

2016(Chalmers v. Hirschkop (2013) 213 Cal.App.4th 289, 300 (Chalmers).) “We resolve conflicts in evidence in favor of the prevailing party and draw all reasonable inferences to uphold the trial court’s decision.” (Ibid., citing In re Marriage of Mix (1975) 14 Cal.3d 604, 614 (Mix).) The parties disagree on the standard applicable on mother’s petition for a modification in custody and visitation.

11
Chalmers v. Hirschkopgreen
calctapp · 2013 · cited in 1 California opinions naming this issue, 2016–2016
1 sentence

2016(Chalmers v. Hirschkop (2013) 213 Cal.App.4th 289, 300 (Chalmers).) “We resolve conflicts in evidence in favor of the prevailing party and draw all reasonable inferences to uphold the trial court’s decision.” (Ibid., citing In re Marriage of Mix (1975) 14 Cal.3d 604, 614 (Mix).) The parties disagree on the standard applicable on mother’s petition for a modification in custody and visitation.

11
Curry v. Moodygreen
calctapp · 1995 · cited in 1 California opinions naming this issue, 2016–2016
1 sentence

2016(Dye, supra, 92 Cal.App.4th at p. 978 ; see Curry v. Moody (1995) 40 Cal.App.4th 1547, 1554 [“evidence of the meaning the parties gave to the contract language is only relevant if the contract language itself is reasonably susceptible to that meaning”].) The parties disagree on the standard of review.

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
Advanced Micro Devices, Inc. v. Intel Corp. green
cal · 1994
2 sentences

2018Google relies on Advanced Micro Devices, Inc. v. Intel Corp. (1994) 9 Cal. 4th 362 , 36 Cal.Rptr.2d 581 , 885 P.2d 994 ( Advanced ) to contend we must review the superior court's order de novo.

2018Google relies on Advanced Micro Devices, Inc. v. Intel Corp. (1994) 9 Cal. 4th 362 , 36 Cal.Rptr.2d 581 , 885 P.2d 994 ( Advanced ) to contend we must review the superior court's order de novo.

32018–2018
People v. Taylor green
calctapp · 1984
2 sentences

2022Gonzalez urges us to follow a “two-step process” set forth by a sister Court of Appeal in People v. Taylor (1984) 162 Cal.App.3d 720 (Taylor).

2022Gonzalez urges us to follow a “two-step process” set forth by a sister Court of Appeal in People v. Taylor (1984) 162 Cal.App.3d 720 (Taylor).

22022–2022
People v. Watson green
cal · 1956
1 sentence

2025The People seek review under People v. Watson (1956) 46 Cal.2d 818, 836 .

12025–2025
Bloxham v. Saldinger green
calctapp · 2014
1 sentence

2024The Ostranders argue it is de novo because Skillman’s survey was insufficient as a matter of law, and because interpreting a deed is like interpreting a contract, and “interpreting a contract is a matter of law subject to de novo review.” (Estate of Jones (2022) 82 Cal.App.5th 948 , 953; see also City of Manhattan Beach v. Superior Court (1996) 13 Cal.4th 232, 238 [“ ‘It is . . . solely a judicial function to interpret a written instrument unless the interpretation turns upon the credibility of extrinsic evidence’ ”]; In re Marriage of Nassimi (2016) 3 Cal.App.5th 667, 688, fn. 33 [where no ex

12024–2024
Winet v. Price green
calctapp · 1992
1 sentence

2023(Pacific Gas, supra, 69 Cal.2d at pp. 38-40; Oakland-Alameda County Coliseum Authority v. Golden State Warriors, LLC, supra, 53 Cal.App.5th at p. 818.) The Evidence Supports the Court’s Interpretation of the BSA Having concluded that the BSA is reasonably susceptible to Kiyomi’s interpretation, we move to the “second step in the analysis—the ultimate construction to be placed on the ambiguous language.” (Southern Cal. Edison, supra, 37 Cal.App.4th at p. 851 .) This step “may call for differing standards of review, depending upon the parol evidence used to construe the contract.” ( Winet, supra

12023–2023
Southern California Edison Co. v. Superior Court green
calctapp · 1995
1 sentence

2023(Pacific Gas, supra, 69 Cal.2d at pp. 38-40; Oakland-Alameda County Coliseum Authority v. Golden State Warriors, LLC, supra, 53 Cal.App.5th at p. 818.) The Evidence Supports the Court’s Interpretation of the BSA Having concluded that the BSA is reasonably susceptible to Kiyomi’s interpretation, we move to the “second step in the analysis—the ultimate construction to be placed on the ambiguous language.” (Southern Cal. Edison, supra, 37 Cal.App.4th at p. 851 .) This step “may call for differing standards of review, depending upon the parol evidence used to construe the contract.” ( Winet, supra

12023–2023
People v. Solomon green
cal · 2010
1 sentence

2022(People v. Solomon (2010) 49 Cal.4th 792, 821 .) The Evidence Code only “require[s] sufficient specificity of evidence and legal grounds for the opposing party to respond if necessary, for the trial court to determine the question intelligently, and for the appellate court to have a record adequate to review for error.” (People v. Ramos (1997) 15 Cal.4th 1133, 1172 .) The parties disagree whether defense counsel’s objection to the exclusion of portions of Dr. Carpenter’s email and to certain information on his LinkedIn page during motions in limine was sufficient to preserve the constitutional

12022–2022
People v. Ramos green
cal · 1997
1 sentence

2022(People v. Solomon (2010) 49 Cal.4th 792, 821 .) The Evidence Code only “require[s] sufficient specificity of evidence and legal grounds for the opposing party to respond if necessary, for the trial court to determine the question intelligently, and for the appellate court to have a record adequate to review for error.” (People v. Ramos (1997) 15 Cal.4th 1133, 1172 .) The parties disagree whether defense counsel’s objection to the exclusion of portions of Dr. Carpenter’s email and to certain information on his LinkedIn page during motions in limine was sufficient to preserve the constitutional

12022–2022
Madani v. Rabinowitz green
calctapp · 2020
1 sentence

2020That, of course, is not the law. ‘Section 17203 makes injunctive relief “the primary form of relief available under the UCL,” while restitution is merely “ancillary.”’ [Citation.]” (Id. at pp. 801- 802.) The parties disagree on our standard of review. “‘Whether a plaintiff “is entitled to a particular measure of damages is a question of law subject to de novo review. [Citations.] The amount of damages, on the other hand, is a fact question . . . 5 [and] an award of damages will not be disturbed if it is supported by substantial evidence.” [Citation.]’ [Citation.]” (Madani v. Rabinowitz (2020)

12020–2020
Neverkovec v. Fredericks green
calctapp · 1999
1 sentence

2017Plaintiff relies on Neverkovec. supra, 74 Cal.App.4th 337 , which held a third party could not rely solely on a literal interpretation of the contractual language to prove he was an intended third party beneficiary.

12017–2017
Department of Mental Hygiene v. Bank of America green
calctapp · 1970
1 sentence

2016We need not resolve the dispute because we would reach the same result applying either the abuse of discretion or de novo standard of review. 3 Williams’s reliance on Department of Mental Hygiene v. Bank of America (1970) 3 Cal.App.3d 949 (Department) does not alter our conclusion.

12016–2016
Dye v. Battles green
calctapp · 2001
1 sentence

2016(Dye, supra, 92 Cal.App.4th at p. 978 ; see Curry v. Moody (1995) 40 Cal.App.4th 1547, 1554 [“evidence of the meaning the parties gave to the contract language is only relevant if the contract language itself is reasonably susceptible to that meaning”].) The parties disagree on the standard of review.

12016–2016
Alfred Crawford Daniel Carrasco Jerry Parker v. Russell S. Gould William Mayer, (Two Cases) green
ca9 · 1995
1 sentence

2016(See Crawford v. Gould (9th Cir. 1995) 56 F.3d 1162, 1165 .) 3 The parties disagree on the standard of review.

12016–2016

Statutes the citing opinions construe

CA § Cal. Evidence Code § 951 (3) CA § Cal. Evidence Code § 952 (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.

Where else courts name it

IL 15 (2004–2024) CA 14 (2016–2025) WA 3 (2008–2025) WI 2 (2007–2020) IA 2 (1985–2021) CO 2 (2024–2026) FL 2 (1993–2003) GA 2 (2024–2024)

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.

← Caselaw search · G Cite Topics · Brief Check