DISCUSSION Appellants challenge (California) · Go Syfert
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DISCUSSION Appellants challenge in California

12 California opinions name it 1 courts 1977–2023 5 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 (14)

CaseFollowedCited
LeFiell Manufacturing Co. v. Superior Courtgreen
cal · 2012 · cited in 2 California opinions naming this issue, 2023–2023
2 sentences

2023(LeFiell Manufacturing Co. v. Superior Court (2012) 55 Cal.4th 275, 279 (LeFiell Manufacturing).) 3 DISCUSSION Appellants challenge both of the trial court’s grounds for granting summary judgment.

2023(LeFiell Manufacturing Co. v. Superior Court (2012) 55 Cal.4th 275, 279 (LeFiell Manufacturing).) 3 DISCUSSION Appellants challenge both of the trial court’s grounds for granting summary judgment.

22
Blank v. Kirwangreen
cal · 1985 · cited in 1 California opinions naming this issue, 2022–2022
1 sentence

2022The governing standard of review is “long-settled.” (Blank v. Kirwan (1985) 39 Cal.3d 311, 318 (Blank).) “When a demurrer is sustained, we determine [de novo] whether the complaint states facts sufficient to 2 While the record includes both an opposition to the demurrer filed by appellants, as well as a reply filed by SN Servicing and ZBS, the trial court’s order states that the demurrer was “unopposed.” 3We take judicial notice of the third amended complaint on our own motion.

11
Sonic-Calabasas A, Inc. v. Morenogreen
cal · 2013 · cited in 1 California opinions naming this issue, 2019–2019
1 sentence

2019Filing this claim was respondent’s first step in obtaining what is known as “a Berman hearing, a dispute resolution forum established by the Legislature to assist employees in recovering wages owed.” (Sonic-Calabasas A., Inc. v. Moreno (2013) 57 Cal.4th 1109, 1126 (Sonic II); see §§ 98–98.8.) 4 OnTrac and Marilucy Soares, defendants in the Labor Commission claim, did not join in the filing of the petition to compel arbitration. 4 DISCUSSION Appellants challenge the trial court’s findings that the arbitration clause in the Agreement between SCI and respondent is (1) procedurally and substantive

11
Kizer v. Hannagreen
cal · 1989 · cited in 1 California opinions naming this issue, 2011–2011
2 sentences

2011DHCS claims the dispute in this case was resolved by Kizer v. Hanna (1989) 48 Cal.3d 1, 6 [ 255 Cal.Rptr. 412 , 767 P.2d 679 ] (Hanna) and Begil, supra, 128 Cal.App.4th at page 644 .

2011DHCS claims the dispute in this case was resolved by Kizer v. Hanna (1989) 48 Cal.3d 1, 6 [ 255 Cal.Rptr. 412 , 767 P.2d 679 ] (Hanna) and Begil, supra, 128 Cal.App.4th at page 644 .

11
International Longshoremen's & Warehousemen's Union v. Los Angeles Export Terminal, Inc.green
calctapp · 1999 · cited in 1 California opinions naming this issue, 2010–2010
2 sentences

2010(International Longshoremen’s & Warehousemen’s Union v. Los Angeles Export Terminal, Inc. (1999) 69 Cal.App.4th 287, 293 [ 81 Cal.Rptr.2d 456 ].) Discussion Appellants’ challenge to the Conservancy’s funding grant is narrow.

2010(International Longshoremen’s & Warehousemen’s Union v. Los Angeles Export Terminal, Inc. (1999) 69 Cal.App.4th 287, 293 [ 81 Cal.Rptr.2d 456 ].) Discussion Appellants’ challenge to the Conservancy’s funding grant is narrow.

11
Jimenez v. County of Los Angelesgreen
calctapp · 2005 · cited in 1 California opinions naming this issue, 2006–2006
2 sentences

2006In particular, appellants claim that section 31639.7 7 requires that the Association allow them to purchase safety member credit for service performed prior to the effective date of section 31469.4 in the County. 8 Accordingly, appellants claim the trial court erred in granting respondents’ motion for summary judgment. *1344 I Standard of Review “Pursuant to Code of Civil Procedure section 437c, subdivision (c), summary judgment is proper where the papers submitted demonstrate that there is no triable issue of material fact and the moving party is entitled to judgment as a matter of law.” (Bar

2006In particular, appellants claim that section 31639.7 7 requires that the Association allow them to purchase safety member credit for service performed prior to the effective date of section 31469.4 in the County. 8 Accordingly, appellants claim the trial court erred in granting respondents’ motion for summary judgment. *1344 I Standard of Review “Pursuant to Code of Civil Procedure section 437c, subdivision (c), summary judgment is proper where the papers submitted demonstrate that there is no triable issue of material fact and the moving party is entitled to judgment as a matter of law.” (Bar

11
Whaley v. Sony Computer Entertainment America, Inc.green
calctapp · 2004 · cited in 1 California opinions naming this issue, 2006–2006
2 sentences

2006In particular, appellants claim that section 31639.7 7 requires that the Association allow them to purchase safety member credit for service performed prior to the effective date of section 31469.4 in the County. 8 Accordingly, appellants claim the trial court erred in granting respondents’ motion for summary judgment. *1344 I Standard of Review “Pursuant to Code of Civil Procedure section 437c, subdivision (c), summary judgment is proper where the papers submitted demonstrate that there is no triable issue of material fact and the moving party is entitled to judgment as a matter of law.” (Bar

2006In particular, appellants claim that section 31639.7 7 requires that the Association allow them to purchase safety member credit for service performed prior to the effective date of section 31469.4 in the County. 8 Accordingly, appellants claim the trial court erred in granting respondents’ motion for summary judgment. *1344 I Standard of Review “Pursuant to Code of Civil Procedure section 437c, subdivision (c), summary judgment is proper where the papers submitted demonstrate that there is no triable issue of material fact and the moving party is entitled to judgment as a matter of law.” (Bar

11
Ventura County Deputy Sheriffs' Ass'n v. Board of Retirementgreen
cal · 1997 · cited in 1 California opinions naming this issue, 2006–2006
2 sentences

2006In particular, appellants claim that section 31639.7 7 requires that the Association allow them to purchase safety member credit for service performed prior to the effective date of section 31469.4 in the County. 8 Accordingly, appellants claim the trial court erred in granting respondents’ motion for summary judgment. *1344 I Standard of Review “Pursuant to Code of Civil Procedure section 437c, subdivision (c), summary judgment is proper where the papers submitted demonstrate that there is no triable issue of material fact and the moving party is entitled to judgment as a matter of law.” (Bar

2006In particular, appellants claim that section 31639.7 7 requires that the Association allow them to purchase safety member credit for service performed prior to the effective date of section 31469.4 in the County. 8 Accordingly, appellants claim the trial court erred in granting respondents’ motion for summary judgment. *1344 I Standard of Review “Pursuant to Code of Civil Procedure section 437c, subdivision (c), summary judgment is proper where the papers submitted demonstrate that there is no triable issue of material fact and the moving party is entitled to judgment as a matter of law.” (Bar

11
Barbee v. Household Automotive Finance Corp.green
calctapp · 2003 · cited in 1 California opinions naming this issue, 2006–2006
2 sentences

2006In particular, appellants claim that section 31639.7 7 requires that the Association allow them to purchase safety member credit for service performed prior to the effective date of section 31469.4 in the County. 8 Accordingly, appellants claim the trial court erred in granting respondents’ motion for summary judgment. *1344 I Standard of Review “Pursuant to Code of Civil Procedure section 437c, subdivision (c), summary judgment is proper where the papers submitted demonstrate that there is no triable issue of material fact and the moving party is entitled to judgment as a matter of law.” (Bar

2006In particular, appellants claim that section 31639.7 7 requires that the Association allow them to purchase safety member credit for service performed prior to the effective date of section 31469.4 in the County. 8 Accordingly, appellants claim the trial court erred in granting respondents’ motion for summary judgment. *1344 I Standard of Review “Pursuant to Code of Civil Procedure section 437c, subdivision (c), summary judgment is proper where the papers submitted demonstrate that there is no triable issue of material fact and the moving party is entitled to judgment as a matter of law.” (Bar

11
Woods v. Younggreen
cal · 1991 · cited in 1 California opinions naming this issue, 2006–2006
2 sentences

2006In particular, appellants claim that section 31639.7 7 requires that the Association allow them to purchase safety member credit for service performed prior to the effective date of section 31469.4 in the County. 8 Accordingly, appellants claim the trial court erred in granting respondents’ motion for summary judgment. *1344 I Standard of Review “Pursuant to Code of Civil Procedure section 437c, subdivision (c), summary judgment is proper where the papers submitted demonstrate that there is no triable issue of material fact and the moving party is entitled to judgment as a matter of law.” (Bar

2006In particular, appellants claim that section 31639.7 7 requires that the Association allow them to purchase safety member credit for service performed prior to the effective date of section 31469.4 in the County. 8 Accordingly, appellants claim the trial court erred in granting respondents’ motion for summary judgment. *1344 I Standard of Review “Pursuant to Code of Civil Procedure section 437c, subdivision (c), summary judgment is proper where the papers submitted demonstrate that there is no triable issue of material fact and the moving party is entitled to judgment as a matter of law.” (Bar

11
Davis v. Superior Courtgreen
calctapp · 1980 · cited in 1 California opinions naming this issue, 2005–2005
2 sentences

2005“An unlawful detainer action is a summary proceeding, the primary purpose of which is to obtain the possession of real property in the situations specified by statute. [Citations.] The statutory procedure must be strictly followed. [Citation.] The sole issue before the court is the right to possession; accordingly, a defendant is not permitted to file a cross-complaint or counterclaim and, ‘a defense normally permitted because it “arises out of the subject matter” of the original suit is generally excluded ... if such defense is extrinsic to the narrow issue of possession. . . .’ [Citation.]”

2005“An unlawful detainer action is a summary proceeding, the primary purpose of which is to obtain the possession of real property in the situations specified by statute. [Citations.] The statutory procedure must be strictly followed. [Citation.] The sole issue before the court is the right to possession; accordingly, a defendant is not permitted to file a cross-complaint or counterclaim and, ‘a defense normally permitted because it “arises out of the subject matter” of the original suit is generally excluded ... if such defense is extrinsic to the narrow issue of possession. . . .’ [Citation.]”

11
Vasey v. California Dance Co.green
calctapp · 1977 · cited in 1 California opinions naming this issue, 2005–2005
2 sentences

2005“An unlawful detainer action is a summary proceeding, the primary purpose of which is to obtain the possession of real property in the situations specified by statute. [Citations.] The statutory procedure must be strictly followed. [Citation.] The sole issue before the court is the right to possession; accordingly, a defendant is not permitted to file a cross-complaint or counterclaim and, ‘a defense normally permitted because it “arises out of the subject matter” of the original suit is generally excluded ... if such defense is extrinsic to the narrow issue of possession. . . .’ [Citation.]”

2005“An unlawful detainer action is a summary proceeding, the primary purpose of which is to obtain the possession of real property in the situations specified by statute. [Citations.] The statutory procedure must be strictly followed. [Citation.] The sole issue before the court is the right to possession; accordingly, a defendant is not permitted to file a cross-complaint or counterclaim and, ‘a defense normally permitted because it “arises out of the subject matter” of the original suit is generally excluded ... if such defense is extrinsic to the narrow issue of possession. . . .’ [Citation.]”

11
Green v. Superior Courtgreen
cal · 1974 · cited in 1 California opinions naming this issue, 2005–2005
2 sentences

2005“An unlawful detainer action is a summary proceeding, the primary purpose of which is to obtain the possession of real property in the situations specified by statute. [Citations.] The statutory procedure must be strictly followed. [Citation.] The sole issue before the court is the right to possession; accordingly, a defendant is not permitted to file a cross-complaint or counterclaim and, ‘a defense normally permitted because it “arises out of the subject matter” of the original suit is generally excluded ... if such defense is extrinsic to the narrow issue of possession. . . .’ [Citation.]”

2005“An unlawful detainer action is a summary proceeding, the primary purpose of which is to obtain the possession of real property in the situations specified by statute. [Citations.] The statutory procedure must be strictly followed. [Citation.] The sole issue before the court is the right to possession; accordingly, a defendant is not permitted to file a cross-complaint or counterclaim and, ‘a defense normally permitted because it “arises out of the subject matter” of the original suit is generally excluded ... if such defense is extrinsic to the narrow issue of possession. . . .’ [Citation.]”

11
Molen v. Friedmangreen
calctapp · 1998 · cited in 1 California opinions naming this issue, 2005–2005
1 sentence

2005“An unlawful detainer action is a summary proceeding, the primary purpose of which is to obtain the possession of real property in the situations specified by statute. [Citations.] The statutory procedure must be strictly followed. [Citation.] The sole issue before the court is the right to possession; accordingly, a defendant is not permitted to file a cross-complaint or counterclaim and, ‘a defense normally permitted because it “arises out of the subject matter” of the original suit is generally excluded ... if such defense is extrinsic to the narrow issue of possession. . . .’ [Citation.]”

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 (10)

CaseCitedYears
Regents of University v. Superior Court green
calctapp · 2013
1 sentence

2023“A demurrer tests the legal sufficiency of the factual allegations in a complaint.” (Regents of University of California v. Superior Court (2013) 220 Cal.App.4th 549, 558 .) “When a demurrer is sustained, appellate courts conduct a de novo review to determine whether the pleading alleges facts sufficient to state a cause of action under any possible legal theory.” (Gutierrez v. Carmax Auto Superstores California (2018) 19 Cal.App.5th 1234, 1242 .) We consider all material facts properly pleaded and matters 8 subject to judicial notice and presume the judgment of the trial court is correct; app

12023–2023
Gutierrez v. Carmax Auto Superstores Cal. green
calctapp5d · 2018
1 sentence

2023“A demurrer tests the legal sufficiency of the factual allegations in a complaint.” (Regents of University of California v. Superior Court (2013) 220 Cal.App.4th 549, 558 .) “When a demurrer is sustained, appellate courts conduct a de novo review to determine whether the pleading alleges facts sufficient to state a cause of action under any possible legal theory.” (Gutierrez v. Carmax Auto Superstores California (2018) 19 Cal.App.5th 1234, 1242 .) We consider all material facts properly pleaded and matters 8 subject to judicial notice and presume the judgment of the trial court is correct; app

12023–2023
Eng. & Architects Assn. v. Community Dev. Dept. of City of Los Angeles green
calctapp · 1994
2 sentences

2022Thus, we do not need to decide if Carlise’s status as a holder of a power of attorney for medical decisions would have given her the authority to bind Thomas to an arbitration provision or whether, if she had such authority, it could have been exercised orally and be binding on Thomas without her signature on the arbitration agreement. 15 substantial evidence.” (Baker v. Italian Maple Holdings, LLC (2017) 13 Cal.App.5th 1152, 1158 , citing Engineers & Architects Assn. v. Community Development Dept. (1994) 30 Cal.App.4th 644, 653 .) In such a case the appellate court “ ‘must accept the trial co

2022Thus, we do not need to decide if Carlise’s status as a holder of a power of attorney for medical decisions would have given her the authority to bind Thomas to an arbitration provision or whether, if she had such authority, it could have been exercised orally and be binding on Thomas without her signature on the arbitration agreement. 15 substantial evidence.” (Baker v. Italian Maple Holdings, LLC (2017) 13 Cal.App.5th 1152, 1158 , citing Engineers & Architects Assn. v. Community Development Dept. (1994) 30 Cal.App.4th 644, 653 .) In such a case the appellate court “ ‘must accept the trial co

12022–2022
Engalla v. Permanente Medical Group, Inc. green
cal · 1997
1 sentence

2022DISCUSSION Appellants challenge the court’s ruling that the court, and not the arbitrator, should decide Thomas’s claim he lacked capacity to enter the arbitration agreement, and they also challenge the court’s conclusion Thomas lacked capacity.12 A. Standard of Review In deciding a petition to compel arbitration, “the trial court sits as a trier of fact, weighing all the affidavits, declarations, and other documentary evidence, as well as oral testimony received at the court’s discretion, to reach a final determination.” (Engalla v. Permanente Medical Group, Inc. (1997) 15 Cal.4th 951, 972 .)

12022–2022
Baker v. Italian Maple Holdings, LLC green
calctapp5d · 2017
1 sentence

2022Thus, we do not need to decide if Carlise’s status as a holder of a power of attorney for medical decisions would have given her the authority to bind Thomas to an arbitration provision or whether, if she had such authority, it could have been exercised orally and be binding on Thomas without her signature on the arbitration agreement. 15 substantial evidence.” (Baker v. Italian Maple Holdings, LLC (2017) 13 Cal.App.5th 1152, 1158 , citing Engineers & Architects Assn. v. Community Development Dept. (1994) 30 Cal.App.4th 644, 653 .) In such a case the appellate court “ ‘must accept the trial co

12022–2022
Mendez v. Mid-Wilshire Health Care Ctr. CA2/7 green
calctapp · 2013
1 sentence

2022Thus, we do not need to decide if Carlise’s status as a holder of a power of attorney for medical decisions would have given her the authority to bind Thomas to an arbitration provision or whether, if she had such authority, it could have been exercised orally and be binding on Thomas without her signature on the arbitration agreement. 15 substantial evidence.” (Baker v. Italian Maple Holdings, LLC (2017) 13 Cal.App.5th 1152, 1158 , citing Engineers & Architects Assn. v. Community Development Dept. (1994) 30 Cal.App.4th 644, 653 .) In such a case the appellate court “ ‘must accept the trial co

12022–2022
Steele v. Youthful Offender Parole Board green
calctapp · 2008
1 sentence

2015DISCUSSION Appellants claim that the trial court erred in granting SDFS's motion for summary judgment.6 A. Governing law "As with any civil appeal, we must presume the judgment is correct, indulge every intendment and presumption in favor of its correctness, and start with the presumption that the record contains evidence sufficient to support the judgment." (Steele v. Youthful Offender Parole Bd. (2008) 162 Cal.App.4th 1241, 1251 .) In order to defeat this presumption and to obtain a reversal of a judgment, an appellant must comply with several basic rules.

12015–2015
Shewry v. BEGIL green
calctapp · 2005
1 sentence

2011DHCS claims the dispute in this case was resolved by Kizer v. Hanna (1989) 48 Cal.3d 1, 6 [ 255 Cal.Rptr. 412 , 767 P.2d 679 ] (Hanna) and Begil, supra, 128 Cal.App.4th at page 644 .

12011–2011
Molen v. Friedman neutral
calctapp · 1998
1 sentence

2005“An unlawful detainer action is a summary proceeding, the primary purpose of which is to obtain the possession of real property in the situations specified by statute. [Citations.] The statutory procedure must be strictly followed. [Citation.] The sole issue before the court is the right to possession; accordingly, a defendant is not permitted to file a cross-complaint or counterclaim and, ‘a defense normally permitted because it “arises out of the subject matter” of the original suit is generally excluded ... if such defense is extrinsic to the narrow issue of possession. . . .’ [Citation.]”

12005–2005
Giorgi v. Pacific Gas & Electric Co. green
calctapp · 1968
2 sentences

1977Co., supra, 266 Cal.App.2d 355 and Scott v. E.

1977Co., supra, 266 Cal. App.2d 355 and Scott v. E.L.

11977–1977

Where else courts name it

CA 12 (1977–2023) MO 3 (2007–2025)

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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