cross-appeal cannot claim (California) · Go Syfert
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cross-appeal cannot claim in California

12 California opinions name it 2 courts 2014–2024 7 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 (7)

CaseFollowedCited
Celia S. v. Hugo H. CA4/3green
calctapp · 2016 · cited in 2 California opinions naming this issue, 2021–2023
2 sentences

2023(See, e.g., Celia S. v. Hugo H. (2016) 3 Cal.App.5th 655, 665 [respondents who fail to file a cross-appeal cannot claim error in connection with opposing party’s appeal]; Preserve Poway v. City of Poway (2016) 245 Cal.App.4th 560, 585 [“ ‘To obtain affirmative relief by way of appeal, respondents must themselves file a notice of appeal and become cross-appellants.’ ”].) Thus, the way in which the City “raised” this issue in the appeal in the 2016 lawsuit certainly did not place the District on notice that the City believed the issue remained unsettled and planned to raise the RES-BCT eligibili

2021(California State Employees’ Assn. v. State Personnel Bd. (1986) 178 Cal.App.3d 372, 382, fn. 7 [as a general matter, “a respondent who has not appealed from the judgment may not urge error on appeal]; Celia S. v. Hugo H. (2016) 3 Cal.App.5th 655, 665 [as a general rule, respondents who fail to file a cross-appeal cannot claim error in connection with the opposing party’s appeal]; Drell v. Cohen (2014) 232 Cal.App.4th 24, 31 .) Accordingly, we decline to reach the separate issues raised by the Briggs Parties.9 In any event, since we have affirmed the underlying judgment, the issues raised by t

22
California State Employees' Ass'n v. State Personnel Boardgreen
calctapp · 1986 · cited in 2 California opinions naming this issue, 2014–2021
2 sentences

2021(California State Employees’ Assn. v. State Personnel Bd. (1986) 178 Cal.App.3d 372, 382, fn. 7 [as a general matter, “a respondent who has not appealed from the judgment may not urge error on appeal]; Celia S. v. Hugo H. (2016) 3 Cal.App.5th 655, 665 [as a general rule, respondents who fail to file a cross-appeal cannot claim error in connection with the opposing party’s appeal]; Drell v. Cohen (2014) 232 Cal.App.4th 24, 31 .) Accordingly, we decline to reach the separate issues raised by the Briggs Parties.9 In any event, since we have affirmed the underlying judgment, the issues raised by t

2014(Estate of Powell (2000) 83 Cal.App.4th 1434, 1439 ; California State Employees' Assn. v. State Personnel Bd. (1986) 178 Cal.App.3d 372, 382, fn. 7 [as a general rule, a respondent who has not appealed from the judgment may not urge error on appeal].) However, section 906 of the Code of Civil Procedure provides a limited exception to this rule: The respondent may, without appealing from the judgment, ask the reviewing court to review any of the trial court's orders or rulings for the purpose of determining whether the appellant was prejudiced by the error or errors upon which he or she relies

22
Prakashpalan v. Engstrom, Lipscomb & Lackgreen
calctapp · 2014 · cited in 4 California opinions naming this issue, 2018–2022
2 sentences

2022(See, e.g., Kriegler v. Eichler Homes, Inc. (1969) 269 Cal.App.2d 224 , 226– 227 [appellant bears the burden to affirmatively demonstrate error, even if respondent did not file an appellate brief].) 7 ¶ 8:195, italics omitted [“[A]s a general rule, respondents who fail to file a cross-appeal cannot claim error in connection with the opposing party’s appeal”]; Prakashpalan v. Engstrom, Lipscomb & Lack (2014) 223 Cal.App.4th 1105, 1121 [same].) As to LAUSD’s claims, as we discuss more fully below, we conclude that the trial court properly denied the anti-SLAPP motion in significant part.

2018"As a general rule, respondents who fail to file a cross-appeal cannot claim error in connection with the opposing party's appeal. [Citation.] A limited exception to this rule is provided by [Code of Civil Procedure] section 906, which states in pertinent part: 'The respondent ... may, without appealing from [the] judgment, request the reviewing court to and it may review any of the foregoing [described orders or rulings] for the purpose of determining whether or not the appellant was prejudiced by the error or errors upon which he relies for reversal or modification of the judgment from which

14
In Re Estate of Powellgreen
calctapp · 2000 · cited in 3 California opinions naming this issue, 2014–2014
2 sentences

2014(Estate of Powell (2000) 83 Cal.App.4th 1434, 1439 .) A limited exception to this rule is provided by section 906, which states in pertinent part: “The respondent . . . may, without appealing from [the] judgment, request the reviewing court to and it may review any of the foregoing [described orders or rulings] for the purpose of determining whether or not the appellant was prejudiced by the error or errors upon which he relies for reversal or modification of the judgment from which the appeal is taken.” “‘The purpose of the statutory exception is to allow a respondent to assert a legal theory

2014(Estate of Powell (2000) 83 Cal.App.4th 1434, 1439 .) A limited exception to this rule is provided by section 906, which states in pertinent part: “The respondent . . . may, without appealing from [the] judgment, request the reviewing court to and it may review any of the foregoing [described orders or rulings] for the purpose of determining whether or not the appellant was prejudiced by the error or errors upon which he relies for reversal or modification of the judgment from which the appeal is taken.” “‘The purpose of the statutory exception is to allow a respondent to assert a legal theory

13
Cobler v. Stanley, Barber, Southard, Brown & Associatesgreen
calctapp · 1990 · cited in 2 California opinions naming this issue, 2018–2018
2 sentences

2018Governing Principles Evidence Code section 703.5 states: "No person presiding at any judicial or quasi-judicial proceeding, and no arbitrator or mediator, shall be competent to testify, in any subsequent civil proceeding, as to any statement, conduct, decision, or ruling, occurring at or in conjunction with the prior proceeding, except as to a statement or conduct that could (a) give rise to civil or criminal *1035 contempt, (b) constitute a crime, (c) be the subject of investigation by the *95 State Bar or Commission on Judicial Performance, or (d) give rise to disqualification proceedings un

2018Governing Principles Evidence Code section 703.5 states: "No person presiding at any judicial or quasi-judicial proceeding, and no arbitrator or mediator, shall be competent to testify, in any subsequent civil proceeding, as to any statement, conduct, decision, or ruling, occurring at or in conjunction with the prior proceeding, except as to a statement or conduct that could (a) give rise to civil or criminal *1035 contempt, (b) constitute a crime, (c) be the subject of investigation by the *95 State Bar or Commission on Judicial Performance, or (d) give rise to disqualification proceedings un

12
Hutchinson v. City of Sacramentogreen
calctapp · 1993 · cited in 2 California opinions naming this issue, 2014–2014
2 sentences

2014(Estate of Powell (2000) 83 Cal.App.4th 1434, 1439 .) A limited exception to this rule is provided by section 906, which states in pertinent part: “The respondent . . . may, without appealing from [the] judgment, request the reviewing court to and it may review any of the foregoing [described orders or rulings] for the purpose of determining whether or not the appellant was prejudiced by the error or errors upon which he relies for reversal or modification of the judgment from which the appeal is taken.” “‘The purpose of the statutory exception is to allow a respondent to assert a legal theory

2014(Estate of Powell (2000) 83 Cal.App.4th 1434, 1439 .) A limited exception to this rule is provided by section 906, which states in pertinent part: “The respondent . . . may, without appealing from [the] judgment, request the reviewing court to and it may review any of the foregoing [described orders or rulings] for the purpose of determining whether or not the appellant was prejudiced by the error or errors upon which he relies for reversal or modification of the judgment from which the appeal is taken.” “‘The purpose of the statutory exception is to allow a respondent to assert a legal theory

12
Preserve Poway v. City of Powaygreen
calctapp · 2016 · cited in 1 California opinions naming this issue, 2023–2023
1 sentence

2023(See, e.g., Celia S. v. Hugo H. (2016) 3 Cal.App.5th 655, 665 [respondents who fail to file a cross-appeal cannot claim error in connection with opposing party’s appeal]; Preserve Poway v. City of Poway (2016) 245 Cal.App.4th 560, 585 [“ ‘To obtain affirmative relief by way of appeal, respondents must themselves file a notice of appeal and become cross-appellants.’ ”].) Thus, the way in which the City “raised” this issue in the appeal in the 2016 lawsuit certainly did not place the District on notice that the City believed the issue remained unsettled and planned to raise the RES-BCT eligibili

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 (3)

CaseCitedYears
Khorsand v. Liberty Mut. Fire Ins. Co. neutral
calctapp5d · 2018
2 sentences

2024Co. (2018) 20 Cal.App.5th 1028, 1034 .) Code of Civil Procedure section 906 states in pertinent part: “The respondent . . . may, without appealing from [the] judgment, request the reviewing court” review “any intermediate ruling, proceeding, order or decision which involves the merits or 8 necessarily affects the judgment or order appealed from or which substantially affects the rights of a party.” The court may review such rulings or orders “for the purpose of determining whether or not the appellant was prejudiced by the error or errors upon which [the appellant] relies for reversal or modif

2023Co. (2018) 20 Cal.App.5th 1028, 1034 .) If, as Caltrans argued below, Keep 70 Safe’s action is barred by the statute of limitations, it necessarily suffered no prejudice from the trial court’s denial of the writ petition on the merits.

22023–2024
Kriegler v. Eichler Homes, Inc. green
calctapp · 1969
1 sentence

2022(See, e.g., Kriegler v. Eichler Homes, Inc. (1969) 269 Cal.App.2d 224 , 226– 227 [appellant bears the burden to affirmatively demonstrate error, even if respondent did not file an appellate brief].) 7 ¶ 8:195, italics omitted [“[A]s a general rule, respondents who fail to file a cross-appeal cannot claim error in connection with the opposing party’s appeal”]; Prakashpalan v. Engstrom, Lipscomb & Lack (2014) 223 Cal.App.4th 1105, 1121 [same].) As to LAUSD’s claims, as we discuss more fully below, we conclude that the trial court properly denied the anti-SLAPP motion in significant part.

12022–2022
Drell v. Cohen green
calctapp · 2014
1 sentence

2021(California State Employees’ Assn. v. State Personnel Bd. (1986) 178 Cal.App.3d 372, 382, fn. 7 [as a general matter, “a respondent who has not appealed from the judgment may not urge error on appeal]; Celia S. v. Hugo H. (2016) 3 Cal.App.5th 655, 665 [as a general rule, respondents who fail to file a cross-appeal cannot claim error in connection with the opposing party’s appeal]; Drell v. Cohen (2014) 232 Cal.App.4th 24, 31 .) Accordingly, we decline to reach the separate issues raised by the Briggs Parties.9 In any event, since we have affirmed the underlying judgment, the issues raised by t

12021–2021

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