long established rule (California) · Go Syfert
← California issues

long established rule in California

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.

Followed or applied (45)

CaseFollowedCited
Wise v. Southern Pacific Co.green
calctapp · 1963 · cited in 6 California opinions naming this issue, 1967–1983
2 sentences

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.

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.

46
Orloff v. Metropolitan Trust Co.green
cal · 1941 · cited in 2 California opinions naming this issue, 1963–1978
2 sentences

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.] . . .

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.] . . .

22
Crawford v. Southern Pacific Co.green
cal · 1935 · cited in 2 California opinions naming this issue, 1956–1965
2 sentences

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.

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.

22
Southern California Freight Lines v. San Diego Electric Railway Co.green
calctapp · 1944 · cited in 2 California opinions naming this issue, 1946–1962
2 sentences

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.

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.

22
Gosnell v. Gosnellgreen
calctapp · 1944 · cited in 2 California opinions naming this issue, 1954–1954
2 sentences

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.

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.

22
Webb v. Stillgreen
cal · 1897 · cited in 2 California opinions naming this issue, 1954–1954
2 sentences

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.

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.

22
Estate of Pillsburygreen
cal · 1917 · cited in 2 California opinions naming this issue, 1954–1954
2 sentences

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.

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.

22
Decou v. Howellgreen
cal · 1923 · cited in 2 California opinions naming this issue, 1946–1952
2 sentences

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 ].)

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 ].)

22
Scholle v. Finnellgreen
· 1916 · cited in 2 California opinions naming this issue, 1946–1952
2 sentences

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 ].)

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 ].)

22
Goldner v. Spencergreen
cal · 1912 · cited in 2 California opinions naming this issue, 1946–1952
2 sentences

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 ].)

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

22
Lewis v. Superior Courtgreen
cal · 1999 · cited in 2 California opinions naming this issue, 2005–2025
2 sentences

2025(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 ].

12
Topanga Assn. for a Scenic Comm. v. CTY OF LOS ANGELESgreen
cal · 1974 · cited in 2 California opinions naming this issue, 1976–1982
2 sentences

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.

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.

12
Farr v. Bramblettgreen
calctapp · 1955 · cited in 2 California opinions naming this issue, 1968–1980
2 sentences

1980Co. 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.

12
In Re Estate of Heywoodgreen
cal · 1906 · cited in 2 California opinions naming this issue, 1954–1954
2 sentences

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.

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.

12
Estate of Lingenfeltergreen
cal · 1952 · cited in 2 California opinions naming this issue, 1952–1953
2 sentences

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.

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.

12
People v. Jacksongreen
calctapp · 2005 · cited in 1 California opinions naming this issue, 2025–2025
11
People v. Garciagreen
calctapp · 2002 · cited in 1 California opinions naming this issue, 2025–2025
11
Art Movers, Inc. v. Ni West, Inc.green
calctapp · 1992 · cited in 1 California opinions naming this issue, 2024–2024
11
Bonnell v. Medical Bd. of Californiagreen
cal · 2003 · cited in 1 California opinions naming this issue, 2017–2017
11
Powers Farms, Inc. v. Consolidated Irrigation Districtgreen
cal · 1941 · cited in 1 California opinions naming this issue, 2017–2017
11
Red Mountain, LLC v. Fallbrook Public Utility Districtgreen
calctapp · 2006 · cited in 1 California opinions naming this issue, 2017–2017
11
People v. Maultsbygreen
cal · 2012 · cited in 1 California opinions naming this issue, 2017–2017
11
People v. Reidgreen
calctapp · 2016 · cited in 1 California opinions naming this issue, 2017–2017
11
Lee v. Angreen
calctapp · 2008 · cited in 1 California opinions naming this issue, 2016–2016
11
Dhawan v. Biringgreen
calctapp · 2015 · cited in 1 California opinions naming this issue, 2016–2016
11
In Re Marriage of Goddardgreen
cal · 2004 · cited in 1 California opinions naming this issue, 2016–2016
11
Solon v. Lichtensteingreen
cal · 1952 · cited in 1 California opinions naming this issue, 2016–2016
11
People v. Tewksburygreen
cal · 1976 · cited in 1 California opinions naming this issue, 2005–2005
11
Bruton v. United Statesgreen
scotus · 1968 · cited in 1 California opinions naming this issue, 2005–2005
11
Chapman v. Californiared
scotus · 1967 · cited in 1 California opinions naming this issue, 2005–2005
11
People v. Rojasgreen
calctapp · 1981 · cited in 1 California opinions naming this issue, 2005–2005
11
People v. Towlergreen
cal · 1982 · cited in 1 California opinions naming this issue, 2005–2005
11
Blair v. United Statesgreen
nmctapp · 1919 · cited in 1 California opinions naming this issue, 2001–2001
11
People v. Hernandezgreen
calctapp · 1988 · cited in 1 California opinions naming this issue, 1993–1993
11
Wuest v. Wuestgreen
calctapp · 1942 · cited in 1 California opinions naming this issue, 1989–1989
11
People v. Mesagreen
cal · 1975 · cited in 1 California opinions naming this issue, 1986–1986
11
Jones v. United Statesred
scotus · 1960 · cited in 1 California opinions naming this issue, 1986–1986
11
People v. Castrogreen
calctapp · 1967 · cited in 1 California opinions naming this issue, 1986–1986
11
Webb's Fabulous Pharmacies, Inc. v. Beckwithgreen
scotus · 1980 · cited in 1 California opinions naming this issue, 1986–1986
11
People v. Edwardsgreen
calctapp · 1981 · cited in 1 California opinions naming this issue, 1984–1984
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 (35)

CaseCitedYears
People v. Martin green
cal · 1926
2 sentences

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

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

21988–1993
In Re Levi green
cal · 1952
2 sentences

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

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

21988–1993
Albertson v. Raboff green
cal · 1956
2 sentences

1981Controlling 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.

21981–1981
Roberts v. Wachter green
calctapp · 1951
2 sentences

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. . . .

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. . . .

21955–1970
Hearne v. De Young green
cal · 1896
2 sentences

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 ]).

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 ]).

21967–1968
Parks v. Gates green
cal · 1921
2 sentences

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.

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.

21959–1959
Wright v. Austin green
cal · 1904
2 sentences

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.

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.

21959–1959
Traders Etc. Ins. Co. v. Pac. Emp. Ins. Co. green
calctapp · 1955
2 sentences

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.

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.

21956–1957
Antongiorgi v. Registrar of Property green
prsupreme · 1904
2 sentences

1954The 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.

21954–1954
Monahan v. Estate of Monahan green
moctapp · 1936
2 sentences

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.

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.

21954–1954
In re the Estate of Boland neutral
cal · 1872
2 sentences

1954The 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.

21954–1954
In re Estate of Moore green
cal · 1881
2 sentences

1954The 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.

21954–1954
In re Estate of Hamilton green
cal · 1885
2 sentences

1954The 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.

21954–1954
Rountree v. Montague green
calctapp · 1916
2 sentences

1954The 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.

21954–1954
In Re Smiley green
cal · 1967
1 sentence

2025(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

12025–2025
Union Interchange, Inc. v. Savage green
cal · 1959
12024–2024
Brydon v. City of Hermosa Beach green
calctapp · 1928
12024–2024
Doudell v. Shoo green
cal · 1911
12024–2024
American Trading Co. v. Superior Court green
cal · 1923
12024–2024
United Railroads v. Superior Court green
cal · 1915
12024–2024
O'FLAHERTY v. Belgum green
calctapp · 2004
12022–2022
People v. Montiel green
calctapp5d · 2019
12022–2022
People v. Cuellar green
calctapp · 2012
12014–2014
People v. Clark green
cal · 2011
12014–2014
Eagle Maintenance & Supply Co. v. Superior Court green
calctapp · 1961
12014–2014
People v. Carpenter red
cal · 1997
12014–2014
Daar v. Alvord green
calctapp · 1980
12010–2010
Holmes v. Rogers green
cal · 1859
12005–2005
In the Matter of the Petition of Leslie Bacon for Writ of Habeas Corpus v. United States green
ca9 · 1971
12001–2001
People v. Ray green
calctapp · 1960
11999–1999
People v. Lindsey green
calctapp · 1969
11993–1993
United States v. Salvucci green
scotus · 1980
11986–1986
People v. Carter green
calctapp · 1983
11984–1984
Solem v. Connecticut Fire Insurance neutral
mont · 1910
11983–1983
J. S. Potts Drug Co. v. Benedict green
cal · 1909
11983–1983

Statutes the citing opinions construe

CA § Cal. Civil Code § 47 (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

CA 92 (1932–2025) PA 62 (1894–2020) IL 57 (1896–2025) TX 47 (1908–2017) MO 32 (1898–2024) FL 32 (1903–2023) NJ 23 (1952–2024) MA 23 (1913–2014) AR 21 (1920–1994) OK 21 (1896–2013) KS 20 (1941–2026) NY 20 (1853–2016) MD 19 (1967–2014) AL 18 (1925–1988) ID 17 (1965–2023) IN 16 (1883–2006) VA 16 (1898–2022) CT 15 (1986–2018) TN 15 (1963–2013) MS 15 (1955–2020) NC 13 (1938–2018) WA 12 (1930–2020) KY 11 (1917–2025) AZ 11 (1960–2022) LA 11 (1882–2005) OH 11 (1871–2022) GA 10 (1957–2005) ME 10 (1848–2015) WV 9 (1923–2001) MI 8 (1945–2023) NM 7 (1929–2001) CO 7 (1896–1987) VT 6 (1851–2024) WI 6 (1923–2020) UT 6 (1945–2001) NH 6 (1935–1981) MT 6 (1954–1995) DE 5 (1980–2015) IA 5 (1858–2013) NE 4 (1941–1982) HI 4 (1956–2018) DC 4 (1979–1990) NV 4 (1941–1970) SD 3 (1934–2001) SC 3 (1962–2013) MN 3 (1969–2025) WY 2 (1955–2007) ND 2 (1954–1963)

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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