92 California opinions name it 2 courts 1932–2025 4 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 |
|---|---|---|
Wise v. Southern Pacific Co.green2 sentences1983“It is the long established rule that a conspiracy, in and of itself, however atrocious, does not rise to a cause of action unless a civil wrong has been committed resulting in damage. [Citations.]” (Wise v. Southern Pacific Co. (1963) 223 Cal.App.2d 50, 64 [ 35 Cal.Rptr. 652 ].) To state an action for conspiracy, the complaint must allege (1) its formation and operation, (2) wrongful acts done pursuant thereto and (3) damages arising therefrom. 1983“It is the long established rule that a conspiracy, in and of itself, however atrocious, does not rise to a cause of action unless a civil wrong has been committed resulting in damage. [Citations.]” (Wise v. Southern Pacific Co. (1963) 223 Cal.App.2d 50, 64 [ 35 Cal.Rptr. 652 ].) To state an action for conspiracy, the complaint must allege (1) its formation and operation, (2) wrongful acts done pursuant thereto and (3) damages arising therefrom. | 4 | 6 |
Orloff v. Metropolitan Trust Co.green2 sentences1978(Orloff v. Metropolitan Trust Co., 17 Cal.2d 484, 488 [ 110 P.2d 396 ]; Wise v. Southern Pacific Co., 223 Cal.App.2d 50, 64-65 [ 35 Cal.Rptr. 652 ].) The court in Allen v. Powell, 248 Cal.App.2d 502, 508 [ 56 Cal.Rptr. 715 , 29 A.L.R.3d 1218 ], states: “ ‘The gist of an action charging civil conspiracy is not the conspiracy but the damages suffered. [Citations.] It is the long established rule that a conspiracy, in and of itself, however atrocious, does not give rise to a cause of action unless a civil wrong has been committed resulting in damage. [Citations.] . . . 1978(Orloff v. Metropolitan Trust Co., 17 Cal.2d 484, 488 [ 110 P.2d 396 ]; Wise v. Southern Pacific Co., 223 Cal.App.2d 50, 64-65 [ 35 Cal.Rptr. 652 ].) The court in Allen v. Powell, 248 Cal.App.2d 502, 508 [ 56 Cal.Rptr. 715 , 29 A.L.R.3d 1218 ], states: “ ‘The gist of an action charging civil conspiracy is not the conspiracy but the damages suffered. [Citations.] It is the long established rule that a conspiracy, in and of itself, however atrocious, does not give rise to a cause of action unless a civil wrong has been committed resulting in damage. [Citations.] . . . | 2 | 2 |
Crawford v. Southern Pacific Co.green2 sentences1965(Crawford v. Southern Pacific Co., 3 Cal.2d 427, 429 [ 45 P.2d 183 ].) Some of the evidence supporting the judgment was this: Plaintiff was the owner, subject to a life tenancy in his father, of a 9-acre parcel of land with a house in Santa Clara. 1965(Crawford v. Southern Pacific Co., 3 Cal.2d 427, 429 [ 45 P.2d 183 ].) Some of the evidence supporting the judgment was this: Plaintiff was the owner, subject to a life tenancy in his father, of a 9-acre parcel of land with a house in Santa Clara. | 2 | 2 |
Southern California Freight Lines v. San Diego Electric Railway Co.green2 sentences1962Co., 66 Cal.App.2d 672, 676 [ 152 P.2d 470 ], where the court said: ‘We do not believe that it was the intention of the rule makers to change the long established rule that the written opinion of the trial judge may *383 not be used to impeach his solemn findings and judgment. 1962Co., 66 Cal.App.2d 672, 676 [ 152 P.2d 470 ], where the court said: ‘We do not believe that it was the intention of the rule makers to change the long established rule that the written opinion of the trial judge may *383 not be used to impeach his solemn findings and judgment. | 2 | 2 |
Gosnell v. Gosnellgreen2 sentences1954The Rountree case also indicated that the same rule applied to an order for family allowance. ( 30 Cal.App. 170, 179 .) [8] The rationale of the decision in the Moore case, however, is inconsistent with the long established rule that the right to a family allowance or probate homestead is lost when the one for whom it is asked has lost the status upon which the right depends (Estate of Pillsbury, 175 Cal. 454, 457-459 [ 166 P. 11 , 3 A.L.R. 1396 ]; Estate of Heywood, 149 Cal. 129 , 130- 131 [ 84 P. 834 ]; In re Still, 117 Cal. 509, 514 [ 49 P. 463 ]; *733 Estate of Hamilton, 66 Cal. 576 [ 6 P. 1954The Rountree case also indicated that the same rule applied to an order for family allowance. ( 30 Cal.App. 170, 179 .) [8] The rationale of the decision in the Moore case, however, is inconsistent with the long established rule that the right to a family allowance or probate homestead is lost when the one for whom it is asked has lost the status upon which the right depends (Estate of Pillsbury, 175 Cal. 454, 457-459 [ 166 P. 11 , 3 A.L.R. 1396 ]; Estate of Heywood, 149 Cal. 129 , 130- 131 [ 84 P. 834 ]; In re Still, 117 Cal. 509, 514 [ 49 P. 463 ]; *733 Estate of Hamilton, 66 Cal. 576 [ 6 P. | 2 | 2 |
Webb v. Stillgreen2 sentences1954The Rountree case also indicated that the same rule applied to an order for family allowance. ( 30 Cal.App. 170, 179 .) [8] The rationale of the decision in the Moore case, however, is inconsistent with the long established rule that the right to a family allowance or probate homestead is lost when the one for whom it is asked has lost the status upon which the right depends (Estate of Pillsbury, 175 Cal. 454, 457-459 [ 166 P. 11 , 3 A.L.R. 1396 ]; Estate of Heywood, 149 Cal. 129 , 130- 131 [ 84 P. 834 ]; In re Still, 117 Cal. 509, 514 [ 49 P. 463 ]; *733 Estate of Hamilton, 66 Cal. 576 [ 6 P. 1954The Rountree case also indicated that the same rule applied to an order for family allowance. ( 30 Cal.App. 170, 179 .) [8] The rationale of the decision in the Moore case, however, is inconsistent with the long established rule that the right to a family allowance or probate homestead is lost when the one for whom it is asked has lost the status upon which the right depends (Estate of Pillsbury, 175 Cal. 454, 457-459 [ 166 P. 11 , 3 A.L.R. 1396 ]; Estate of Heywood, 149 Cal. 129 , 130- 131 [ 84 P. 834 ]; In re Still, 117 Cal. 509, 514 [ 49 P. 463 ]; *733 Estate of Hamilton, 66 Cal. 576 [ 6 P. | 2 | 2 |
Estate of Pillsburygreen2 sentences1954The Rountree case also indicated that the same rule applied to an order for family allowance. ( 30 Cal.App. 170, 179 .) [8] The rationale of the decision in the Moore case, however, is inconsistent with the long established rule that the right to a family allowance or probate homestead is lost when the one for whom it is asked has lost the status upon which the right depends (Estate of Pillsbury, 175 Cal. 454, 457-459 [ 166 P. 11 , 3 A.L.R. 1396 ]; Estate of Heywood, 149 Cal. 129 , 130- 131 [ 84 P. 834 ]; In re Still, 117 Cal. 509, 514 [ 49 P. 463 ]; *733 Estate of Hamilton, 66 Cal. 576 [ 6 P. 1954The Rountree case also indicated that the same rule applied to an order for family allowance. ( 30 Cal.App. 170, 179 .) [8] The rationale of the decision in the Moore case, however, is inconsistent with the long established rule that the right to a family allowance or probate homestead is lost when the one for whom it is asked has lost the status upon which the right depends (Estate of Pillsbury, 175 Cal. 454, 457-459 [ 166 P. 11 , 3 A.L.R. 1396 ]; Estate of Heywood, 149 Cal. 129 , 130- 131 [ 84 P. 834 ]; In re Still, 117 Cal. 509, 514 [ 49 P. 463 ]; *733 Estate of Hamilton, 66 Cal. 576 [ 6 P. | 2 | 2 |
Decou v. Howellgreen2 sentences1952(Strudthoff v. Yates, 28 Cal.2d 602 [ 170 P.2d 873 ].) In that case the court stated (p. 615): “The long established rule that the opinion of the trial judge cannot be substituted for nor used to modify the findings or judgment (DeCou v. Howell, 190 Cal. 741, 751 [ 214 P. 444 ]) is a complete answer to the plaintiffs’ contention concerning the determination as to the value of the orange groves. ‘The findings of fact . . . must be taken as embodying the conclusions of the trial court on all questions of fact submitted to it for decision. ’ (Goldner v. Spencer, 163 Cal. 317, 320 [ 125 P. 347 ].) 1952(Strudthoff v. Yates, 28 Cal.2d 602 [ 170 P.2d 873 ].) In that case the court stated (p. 615): “The long established rule that the opinion of the trial judge cannot be substituted for nor used to modify the findings or judgment (DeCou v. Howell, 190 Cal. 741, 751 [ 214 P. 444 ]) is a complete answer to the plaintiffs’ contention concerning the determination as to the value of the orange groves. ‘The findings of fact . . . must be taken as embodying the conclusions of the trial court on all questions of fact submitted to it for decision. ’ (Goldner v. Spencer, 163 Cal. 317, 320 [ 125 P. 347 ].) | 2 | 2 |
Scholle v. Finnellgreen2 sentences1952(Strudthoff v. Yates, 28 Cal.2d 602 [ 170 P.2d 873 ].) In that case the court stated (p. 615): “The long established rule that the opinion of the trial judge cannot be substituted for nor used to modify the findings or judgment (DeCou v. Howell, 190 Cal. 741, 751 [ 214 P. 444 ]) is a complete answer to the plaintiffs’ contention concerning the determination as to the value of the orange groves. ‘The findings of fact . . . must be taken as embodying the conclusions of the trial court on all questions of fact submitted to it for decision. ’ (Goldner v. Spencer, 163 Cal. 317, 320 [ 125 P. 347 ].) 1952(Strudthoff v. Yates, 28 Cal.2d 602 [ 170 P.2d 873 ].) In that case the court stated (p. 615): “The long established rule that the opinion of the trial judge cannot be substituted for nor used to modify the findings or judgment (DeCou v. Howell, 190 Cal. 741, 751 [ 214 P. 444 ]) is a complete answer to the plaintiffs’ contention concerning the determination as to the value of the orange groves. ‘The findings of fact . . . must be taken as embodying the conclusions of the trial court on all questions of fact submitted to it for decision. ’ (Goldner v. Spencer, 163 Cal. 317, 320 [ 125 P. 347 ].) | 2 | 2 |
Goldner v. Spencergreen2 sentences1952(Strudthoff v. Yates, 28 Cal.2d 602 [ 170 P.2d 873 ].) In that case the court stated (p. 615): “The long established rule that the opinion of the trial judge cannot be substituted for nor used to modify the findings or judgment (DeCou v. Howell, 190 Cal. 741, 751 [ 214 P. 444 ]) is a complete answer to the plaintiffs’ contention concerning the determination as to the value of the orange groves. ‘The findings of fact . . . must be taken as embodying the conclusions of the trial court on all questions of fact submitted to it for decision. ’ (Goldner v. Spencer, 163 Cal. 317, 320 [ 125 P. 347 ].) 1946“The findings of fact . . . must be taken as embody *616 ing the conclusions of the trial court on all questions of fact submitted to it for decision.” (Goldner v. Spencer, 163 Cal. 317, 320 [ 125 P. 347 ].) “No antecedent expression of the judge, whether casual or cast in the form of an opinion, can in any way restrict his absolute power to declare his final conclusion ... by filing the ‘decision’ (findings of fact and conclusions of law) provided for by . . . the Code of Civil Procedure.” (Scholle v. Finnell, 173 Cal. 372, 376 [ 159 P. 1179 ].) And assuming that the testimony of the administ | 2 | 2 |
Lewis v. Superior Courtgreen2 sentences2025(Lewis v. Superior Court (1999) 19 Cal.4th 1232, 1264 ; People v. Jackson (2005) 129 Cal.App.4th 129, 165, fn. 114 [“[I]t is a long established rule that an appellate court need not ‘set forth and dispose of, seriatim, each and every item which appellant’s counsel chooses to characterize as an “issue” in the case.’”]; People v. Garcia (2002) 97 Cal.App.4th 847, 853 [“An appellate court is not required to address all of the parties’ respective arguments, discuss every case or fact relied upon by the parties, distinguish an opinion just because a party claims it is apposite, or express every gro 2005Furthermore, it is a long established rule that an appellate court need not “set forth and dispose of, seriatim, each and every item which appellant’s counsel chooses to characterize as an ‘issue’ in the case.” (People v. Ramos (1981) 118 Cal.App.3d 278,290 [ 173 Cal.Rptr. 64 ].) An opinion is not “a brief in reply to the counsel against whose views we decide;” it is a “statement of conclusions, and of the principal reasons which have led us to them.” (Holmes v. Rogers (1859) 13 Cal. 191, 202 , quoted in Lewis v. Superior Court (1999) 19 Cal.4th 1232, 1262 [ 82 Cal.Rptr.2d 85 , 970 P.2d 872 ]. | 1 | 2 |
Topanga Assn. for a Scenic Comm. v. CTY OF LOS ANGELESgreen2 sentences1982“Topanga [Assn. for a Scenic Community v. County of Los Angeles, supra, 11 Cal.3d 506 ] reiterates the long established rule in California that administrative findings need not be as precise or formal as would be required of a court [citation]. . . . ” Since McMillan v. American Gen. 1982“Topanga [Assn. for a Scenic Community v. County of Los Angeles, supra, 11 Cal.3d 506 ] reiterates the long established rule in California that administrative findings need not be as precise or formal as would be required of a court [citation]. . . . ” Since McMillan v. American Gen. | 1 | 2 |
Farr v. Bramblettgreen2 sentences1980Co. 223 Cal.App.2d 50, 64-65 ....) General allegations of agreement have been held sufficient (Farr v. Bramblett, 132 Cal.App.2d 36, 47 ...), and the conspiracy averment has even been held unnecessary, providing the unlawful acts or civil wrongs are otherwise sufficiently alleged. 1968Co., 223 Cal.App.2d 50, 64-65 [ 35 Cal.Rptr. 652 ].) General allegations of agreement have been held sufficient (Farr v. Bramblett, 132 Cal.App.2d 36, 47 [ 281 P.2d 372 ]), and the conspiracy averment has even been held unnecessary, providing the unlawful acts or civil wrongs are otherwise sufficiently alleged. | 1 | 2 |
In Re Estate of Heywoodgreen2 sentences1954The Rountree case also indicated that the same rule applied to an order for family allowance. ( 30 Cal.App. 170, 179 .) [8] The rationale of the decision in the Moore case, however, is inconsistent with the long established rule that the right to a family allowance or probate homestead is lost when the one for whom it is asked has lost the status upon which the right depends (Estate of Pillsbury, 175 Cal. 454, 457-459 [ 166 P. 11 , 3 A.L.R. 1396 ]; Estate of Heywood, 149 Cal. 129 , 130- 131 [ 84 P. 834 ]; In re Still, 117 Cal. 509, 514 [ 49 P. 463 ]; *733 Estate of Hamilton, 66 Cal. 576 [ 6 P. 1954The Rountree case also indicated that the same rule applied to an order for family allowance. ( 30 Cal.App. 170, 179 .) [8] The rationale of the decision in the Moore case, however, is inconsistent with the long established rule that the right to a family allowance or probate homestead is lost when the one for whom it is asked has lost the status upon which the right depends (Estate of Pillsbury, 175 Cal. 454, 457-459 [ 166 P. 11 , 3 A.L.R. 1396 ]; Estate of Heywood, 149 Cal. 129 , 130- 131 [ 84 P. 834 ]; In re Still, 117 Cal. 509, 514 [ 49 P. 463 ]; *733 Estate of Hamilton, 66 Cal. 576 [ 6 P. | 1 | 2 |
Estate of Lingenfeltergreen2 sentences1952That the courts of this state have shown no tendency towards restricting or altering the long established rule is evidenced by the recent case of Estate of Lingenfelter, 38 Cal.2d 571 [ 241 P.2d 990 ], hereinbefore mentioned. 1952That the courts of this state have shown no tendency towards restricting or altering the long established rule is evidenced by the recent case of Estate of Lingenfelter, 38 Cal.2d 571 [ 241 P.2d 990 ], hereinbefore mentioned. | 1 | 2 |
| People v. Jacksongreen | 1 | 1 |
| People v. Garciagreen | 1 | 1 |
| Art Movers, Inc. v. Ni West, Inc.green | 1 | 1 |
| Bonnell v. Medical Bd. of Californiagreen | 1 | 1 |
| Powers Farms, Inc. v. Consolidated Irrigation Districtgreen | 1 | 1 |
| Red Mountain, LLC v. Fallbrook Public Utility Districtgreen | 1 | 1 |
| People v. Maultsbygreen | 1 | 1 |
| People v. Reidgreen | 1 | 1 |
| Lee v. Angreen | 1 | 1 |
| Dhawan v. Biringgreen | 1 | 1 |
| In Re Marriage of Goddardgreen | 1 | 1 |
| Solon v. Lichtensteingreen | 1 | 1 |
| People v. Tewksburygreen | 1 | 1 |
| Bruton v. United Statesgreen | 1 | 1 |
| Chapman v. Californiared | 1 | 1 |
| People v. Rojasgreen | 1 | 1 |
| People v. Towlergreen | 1 | 1 |
| Blair v. United Statesgreen | 1 | 1 |
| People v. Hernandezgreen | 1 | 1 |
| Wuest v. Wuestgreen | 1 | 1 |
| People v. Mesagreen | 1 | 1 |
| Jones v. United Statesred | 1 | 1 |
| People v. Castrogreen | 1 | 1 |
| Webb's Fabulous Pharmacies, Inc. v. Beckwithgreen | 1 | 1 |
| People v. Edwardsgreen | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in California. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
People v. Martin
green
2 sentences1993“While there may be no legislation proscribing a second motion or an order changing a prior ruling, there are the Supreme Court cases of In re Levi [(1952)] 39 Cal.2d 41 [ 244 P.2d 403 ] and People v. Martin [(1926)] 199 Cal. 240 [ 248 P. 908 ] out of which developed the long established rule of Levi/Lindsey by which we are bound.” (People v. Hernandez (1988) 199 Cal.App.3d 768, 773 [ 245 Cal.Rptr. 156 ].) As framed by Hernandez , the Levi/Lindsey rule provides that “Once a motion for a new trial has been ruled upon in a criminal case and an order made either granting or denying such applicati 1993“While there may be no legislation proscribing a second motion or an order changing a prior ruling, there are the Supreme Court cases of In re Levi [(1952)] 39 Cal.2d 41 [ 244 P.2d 403 ] and People v. Martin [(1926)] 199 Cal. 240 [ 248 P. 908 ] out of which developed the long established rule of Levi/Lindsey by which we are bound.” (People v. Hernandez (1988) 199 Cal.App.3d 768, 773 [ 245 Cal.Rptr. 156 ].) As framed by Hernandez , the Levi/Lindsey rule provides that “Once a motion for a new trial has been ruled upon in a criminal case and an order made either granting or denying such applicati | 2 | 1988–1993 |
In Re Levi
green
2 sentences1993“While there may be no legislation proscribing a second motion or an order changing a prior ruling, there are the Supreme Court cases of In re Levi [(1952)] 39 Cal.2d 41 [ 244 P.2d 403 ] and People v. Martin [(1926)] 199 Cal. 240 [ 248 P. 908 ] out of which developed the long established rule of Levi/Lindsey by which we are bound.” (People v. Hernandez (1988) 199 Cal.App.3d 768, 773 [ 245 Cal.Rptr. 156 ].) As framed by Hernandez , the Levi/Lindsey rule provides that “Once a motion for a new trial has been ruled upon in a criminal case and an order made either granting or denying such applicati 1993“While there may be no legislation proscribing a second motion or an order changing a prior ruling, there are the Supreme Court cases of In re Levi [(1952)] 39 Cal.2d 41 [ 244 P.2d 403 ] and People v. Martin [(1926)] 199 Cal. 240 [ 248 P. 908 ] out of which developed the long established rule of Levi/Lindsey by which we are bound.” (People v. Hernandez (1988) 199 Cal.App.3d 768, 773 [ 245 Cal.Rptr. 156 ].) As framed by Hernandez , the Levi/Lindsey rule provides that “Once a motion for a new trial has been ruled upon in a criminal case and an order made either granting or denying such applicati | 2 | 1988–1993 |
Albertson v. Raboff
green
2 sentences1981Controlling here is Albertson v. Raboff (1956) 46 Cal.2d 375 [ 295 P.2d 405 ]. 1981(Albertson v. Raboff (1956) 46 *282 Cal.2d 375, 379 [ 295 P.2d 405 ].) The Supreme Court has expressly held that the absolute privilege extends to the recordation of a lis pen-dens. | 2 | 1981–1981 |
Roberts v. Wachter
green
2 sentences1970According to the long established rule, as stated in Roberts v. Wachter, 104 Cal.App.2d 281 [ 231 P.2d 540 ], and elsewhere, ‘On appeal from a judgment sustaining a demurrer to a complaint the allegations of the complaint must be regarded as true. . . . 1970According to the long established rule, as stated in Roberts v. Wachter, 104 Cal.App.2d 281 [ 231 P.2d 540 ], and elsewhere, ‘On appeal from a judgment sustaining a demurrer to a complaint the allegations of the complaint must be regarded as true. . . . | 2 | 1955–1970 |
Hearne v. De Young
green
2 sentences1968Min. etc. Co., supra, 21 Cal. App. 267 , and stated at page 42 that: “It is a long established rule that a motion for change of venue must satisy two requirements : (1) It must be shown the action is proper in the county to which the movant seeks transfer; and (2) it must be shown the county in which the action was filed was improper under any applicable theory (Hearne v. DeYoung, 111 Cal. 373 [ 43 P. 1108 ]). 1968Min. etc. Co., supra, 21 Cal. App. 267 , and stated at page 42 that: “It is a long established rule that a motion for change of venue must satisy two requirements : (1) It must be shown the action is proper in the county to which the movant seeks transfer; and (2) it must be shown the county in which the action was filed was improper under any applicable theory (Hearne v. DeYoung, 111 Cal. 373 [ 43 P. 1108 ]). | 2 | 1967–1968 |
Parks v. Gates
green
2 sentences1959Parks v. Gates, supra, 186 Cal. 151 , dealt with the grant of a "right of way" for a drainage ditch from the grantors' premises to the county road. 1959Parks v. Gates, supra, 186 Cal. 151 , dealt with the grant of a “right of way” for a drainage ditch from the grantors’ premises to the county road. | 2 | 1959–1959 |
Wright v. Austin
green
2 sentences1959Wright v. Austin, supra, 143 Cal. 236, 239 , says that section 2631 is declaratory of a long established principle and holds that owners of abutting land may enjoin the sinking of a water well within a highway. 1959Wright v. Austin, supra, 143 Cal. 236, 239 , says that section 2631 is declaratory of a long established principle and holds that owners of abutting land may enjoin the sinking of a water well within a highway. | 2 | 1959–1959 |
Traders Etc. Ins. Co. v. Pac. Emp. Ins. Co.
green
2 sentences1957Co. (1955), 130 Cal.App.2d 158 , 165-166 [ 278 P.2d 493 ], as supporting a contrary view; such eases are broadly distinguishable on their facts but it would unduly extend this opinion and serve no useful purpose to individually discuss and differentiate them as any implications therein contrary to the long established rule above stated must be deemed disapproved.” The rationale of the ruling is plain. 1957Co. (1955), 130 Cal.App.2d 158 , 165-166 [ 278 P.2d 493 ], as supporting a contrary view; such eases are broadly distinguishable on their facts but it would unduly extend this opinion and serve no useful purpose to individually discuss and differentiate them as any implications therein contrary to the long established rule above stated must be deemed disapproved.” The rationale of the ruling is plain. | 2 | 1956–1957 |
Antongiorgi v. Registrar of Property
green
2 sentences1954The Rountree case also indicated that the same rule applied to an order for family allowance. ( 30 Cal.App. 170, 179 .) The rationale of the decision in the Moore ease, however, is inconsistent with the long established rule that the right to a family allowance or probate homestead is lost when the one for whom it is asked has lost the status upon which the right depends (Estate of Pillsbury, 175 Cal. 454, 457-459 [ 166 P. 11 , 3 A.L.R. 1396 ] ; Estate of Heywood, 149 Cal. 129, 130-131 [ 84 P. 834 ]; In re Still, 117 Cal. 509, 514 [ 49 P. 463 ]; Estate of Hamilton, 66 Cal. 576 [6 P. 493]; Esta 1954The Rountree case also indicated that the same rule applied to an order for family allowance. ( 30 Cal.App. 170, 179 .) [8] The rationale of the decision in the Moore case, however, is inconsistent with the long established rule that the right to a family allowance or probate homestead is lost when the one for whom it is asked has lost the status upon which the right depends (Estate of Pillsbury, 175 Cal. 454, 457-459 [ 166 P. 11 , 3 A.L.R. 1396 ]; Estate of Heywood, 149 Cal. 129 , 130- 131 [ 84 P. 834 ]; In re Still, 117 Cal. 509, 514 [ 49 P. 463 ]; *733 Estate of Hamilton, 66 Cal. 576 [ 6 P. | 2 | 1954–1954 |
Monahan v. Estate of Monahan
green
2 sentences1954Monahan v. Monahan's Estate, 232 Mo.App. 91 [ 89 S.W.2d 153, 158 ], on which respondent relies, involved a Missouri statute in which the right to "maintenance becomes vested in the surviving spouse immediately upon the death of the mate." [9] In California, however, it is well established that the right to a family allowance or probate homestead is not a vested right and that nothing accrues before the order granting it. 1954Monahan v. Monahan's Estate, 232 Mo.App. 91 [ 89 S.W.2d 153, 158 ], on which respondent relies, involved a Missouri statute in which the right to "maintenance becomes vested in the surviving spouse immediately upon the death of the mate." [9] In California, however, it is well established that the right to a family allowance or probate homestead is not a vested right and that nothing accrues before the order granting it. | 2 | 1954–1954 |
In re the Estate of Boland
neutral
2 sentences1954The Rountree case also indicated that the same rule applied to an order for family allowance. ( 30 Cal.App. 170, 179 .) The rationale of the decision in the Moore ease, however, is inconsistent with the long established rule that the right to a family allowance or probate homestead is lost when the one for whom it is asked has lost the status upon which the right depends (Estate of Pillsbury, 175 Cal. 454, 457-459 [ 166 P. 11 , 3 A.L.R. 1396 ] ; Estate of Heywood, 149 Cal. 129, 130-131 [ 84 P. 834 ]; In re Still, 117 Cal. 509, 514 [ 49 P. 463 ]; Estate of Hamilton, 66 Cal. 576 [6 P. 493]; Esta 1954The Rountree case also indicated that the same rule applied to an order for family allowance. ( 30 Cal.App. 170, 179 .) [8] The rationale of the decision in the Moore case, however, is inconsistent with the long established rule that the right to a family allowance or probate homestead is lost when the one for whom it is asked has lost the status upon which the right depends (Estate of Pillsbury, 175 Cal. 454, 457-459 [ 166 P. 11 , 3 A.L.R. 1396 ]; Estate of Heywood, 149 Cal. 129 , 130- 131 [ 84 P. 834 ]; In re Still, 117 Cal. 509, 514 [ 49 P. 463 ]; *733 Estate of Hamilton, 66 Cal. 576 [ 6 P. | 2 | 1954–1954 |
In re Estate of Moore
green
2 sentences1954The Rountree case also indicated that the same rule applied to an order for family allowance. ( 30 Cal.App. 170, 179 .) The rationale of the decision in the Moore ease, however, is inconsistent with the long established rule that the right to a family allowance or probate homestead is lost when the one for whom it is asked has lost the status upon which the right depends (Estate of Pillsbury, 175 Cal. 454, 457-459 [ 166 P. 11 , 3 A.L.R. 1396 ] ; Estate of Heywood, 149 Cal. 129, 130-131 [ 84 P. 834 ]; In re Still, 117 Cal. 509, 514 [ 49 P. 463 ]; Estate of Hamilton, 66 Cal. 576 [6 P. 493]; Esta 1954The Rountree case also indicated that the same rule applied to an order for family allowance. ( 30 Cal.App. 170, 179 .) [8] The rationale of the decision in the Moore case, however, is inconsistent with the long established rule that the right to a family allowance or probate homestead is lost when the one for whom it is asked has lost the status upon which the right depends (Estate of Pillsbury, 175 Cal. 454, 457-459 [ 166 P. 11 , 3 A.L.R. 1396 ]; Estate of Heywood, 149 Cal. 129 , 130- 131 [ 84 P. 834 ]; In re Still, 117 Cal. 509, 514 [ 49 P. 463 ]; *733 Estate of Hamilton, 66 Cal. 576 [ 6 P. | 2 | 1954–1954 |
In re Estate of Hamilton
green
2 sentences1954The Rountree case also indicated that the same rule applied to an order for family allowance. ( 30 Cal.App. 170, 179 .) The rationale of the decision in the Moore ease, however, is inconsistent with the long established rule that the right to a family allowance or probate homestead is lost when the one for whom it is asked has lost the status upon which the right depends (Estate of Pillsbury, 175 Cal. 454, 457-459 [ 166 P. 11 , 3 A.L.R. 1396 ] ; Estate of Heywood, 149 Cal. 129, 130-131 [ 84 P. 834 ]; In re Still, 117 Cal. 509, 514 [ 49 P. 463 ]; Estate of Hamilton, 66 Cal. 576 [6 P. 493]; Esta 1954The Rountree case also indicated that the same rule applied to an order for family allowance. ( 30 Cal.App. 170, 179 .) [8] The rationale of the decision in the Moore case, however, is inconsistent with the long established rule that the right to a family allowance or probate homestead is lost when the one for whom it is asked has lost the status upon which the right depends (Estate of Pillsbury, 175 Cal. 454, 457-459 [ 166 P. 11 , 3 A.L.R. 1396 ]; Estate of Heywood, 149 Cal. 129 , 130- 131 [ 84 P. 834 ]; In re Still, 117 Cal. 509, 514 [ 49 P. 463 ]; *733 Estate of Hamilton, 66 Cal. 576 [ 6 P. | 2 | 1954–1954 |
Rountree v. Montague
green
2 sentences1954The Rountree case also indicated that the same rule applied to an order for family allowance. ( 30 Cal.App. 170, 179 .) The rationale of the decision in the Moore ease, however, is inconsistent with the long established rule that the right to a family allowance or probate homestead is lost when the one for whom it is asked has lost the status upon which the right depends (Estate of Pillsbury, 175 Cal. 454, 457-459 [ 166 P. 11 , 3 A.L.R. 1396 ] ; Estate of Heywood, 149 Cal. 129, 130-131 [ 84 P. 834 ]; In re Still, 117 Cal. 509, 514 [ 49 P. 463 ]; Estate of Hamilton, 66 Cal. 576 [6 P. 493]; Esta 1954The Rountree case also indicated that the same rule applied to an order for family allowance. ( 30 Cal.App. 170, 179 .) [8] The rationale of the decision in the Moore case, however, is inconsistent with the long established rule that the right to a family allowance or probate homestead is lost when the one for whom it is asked has lost the status upon which the right depends (Estate of Pillsbury, 175 Cal. 454, 457-459 [ 166 P. 11 , 3 A.L.R. 1396 ]; Estate of Heywood, 149 Cal. 129 , 130- 131 [ 84 P. 834 ]; In re Still, 117 Cal. 509, 514 [ 49 P. 463 ]; *733 Estate of Hamilton, 66 Cal. 576 [ 6 P. | 2 | 1954–1954 |
In Re Smiley
green
1 sentence2025(Lewis v. Superior Court (1999) 19 Cal.4th 1232, 1264 ; People v. Jackson (2005) 129 Cal.App.4th 129, 165, fn. 114 [“[I]t is a long established rule that an appellate court need not ‘set forth and dispose of, seriatim, each and every item which appellant’s counsel chooses to characterize as an “issue” in the case.’”]; People v. Garcia (2002) 97 Cal.App.4th 847, 853 [“An appellate court is not required to address all of the parties’ respective arguments, discuss every case or fact relied upon by the parties, distinguish an opinion just because a party claims it is apposite, or express every gro | 1 | 2025–2025 |
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| People v. Montiel green | 1 | 2022–2022 |
| People v. Cuellar green | 1 | 2014–2014 |
| People v. Clark green | 1 | 2014–2014 |
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| People v. Carpenter red | 1 | 2014–2014 |
| Daar v. Alvord green | 1 | 2010–2010 |
| Holmes v. Rogers green | 1 | 2005–2005 |
| In the Matter of the Petition of Leslie Bacon for Writ of Habeas Corpus v. United States green | 1 | 2001–2001 |
| People v. Ray green | 1 | 1999–1999 |
| People v. Lindsey green | 1 | 1993–1993 |
| United States v. Salvucci green | 1 | 1986–1986 |
| People v. Carter green | 1 | 1984–1984 |
| Solem v. Connecticut Fire Insurance neutral | 1 | 1983–1983 |
| J. S. Potts Drug Co. v. Benedict green | 1 | 1983–1983 |
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.
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.