excessiveness inquiry (California) · Go Syfert
← California issues

excessiveness inquiry in California

12 California opinions name it 2 courts 1968–2024 8 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 (9)

CaseFollowedCited
People ex rel. Lockyer v. R.J. Reynolds Tobacco Co.green
cal · 2005 · cited in 3 California opinions naming this issue, 2021–2024
2 sentences

2024(See Reynolds, supra, 37 Cal.4th at p. 728 [the excessiveness factors are “(1) the defendant’s culpability; (2) the relationship between the harm and the penalty; (3) the penalties imposed in similar statutes; and (4) the defendant’s ability to pay”].) This leaves the first and third factors, defendants’ culpability and penalties imposed in similar statutes.

2024(See Reynolds, supra, 37 Cal.4th at p. 728 [the excessiveness factors are “(1) the defendant’s culpability; (2) the relationship between the harm and the penalty; (3) the penalties imposed in similar statutes; and (4) the defendant’s ability to pay”].) This leaves the first and third factors, defendants’ culpability and penalties imposed in similar statutes.

23
People v. Braumgreen
calctapp · 2020 · cited in 2 California opinions naming this issue, 2021–2021
2 sentences

2021(Timbs v. Indiana (2019) ___ U.S. ___, ___ [ 139 S.Ct. 682, 686-687 , 203 L.Ed.2d 11 ].) 54 disproportionate to the Lents’ violation under the factors in Lockyer and Bajakajian. “‘We review de novo whether a fine is constitutionally excessive and therefore violates the Eighth Amendment’s Excessive Fines Clause.’ [Citations.] ‘[F]actual findings made by the [trial court] in conducting the excessiveness inquiry, of course, must be accepted unless clearly erroneous.’” (Sweeney v. California Regional Water Quality Control Bd. (Feb. 18, 2021, A153583) ___ Cal.App.5th ___, ___ [2021 Cal.App.Lexis 24

2021(Timbs v. Indiana (2019) ___ U.S. ___, ___ [ 139 S.Ct. 682, 686-687 , 203 L.Ed.2d 11 ].) 54 disproportionate to the Lents’ violation under the factors in Lockyer and Bajakajian. “‘We review de novo whether a fine is constitutionally excessive and therefore violates the Eighth Amendment’s Excessive Fines Clause.’ [Citations.] ‘[F]actual findings made by the [trial court] in conducting the excessiveness inquiry, of course, must be accepted unless clearly erroneous.’” (Sweeney v. California Regional Water Quality Control Bd. (Feb. 18, 2021, A153583) ___ Cal.App.5th ___, ___ [2021 Cal.App.Lexis 24

22
Smith v. Doegreen
scotus · 2003 · cited in 1 California opinions naming this issue, 2015–2015
2 sentences

2015The question is whether the regulatory means chosen are reasonable in light of the nonpunitive objective.” (Smith v. Doe, supra, 538 U.S. at p. 105.) 16 The residency restrictions of Jessica’s Law meet this standard.

2015The question is whether the regulatory means chosen are reasonable in light of the nonpunitive objective.‖ (Smith v. Doe, supra, 538 U.S. at p. 105 .)16 The residency restrictions of Jessica‘s Law meet this standard.

11
Federal Communications Commission v. Beach Communications, Inc.green
scotus · 1993 · cited in 1 California opinions naming this issue, 2015–2015
2 sentences

2015(Maj. opn., ante, at p. 1069 [“The electorate could reasonably conclude . . . .”]; id. at p. 1069, fn. 16, citing FCC v. Beach Communications, Inc. (1993) 508 U.S. 307, 314 [ 124 L.Ed.2d 211 , 113 S.Ct. 2096 ].) But the inquiry here focuses on the effects of the statute, not whether there is some “ ‘conceivable basis which might support it.’ ” (Beach Communications, at p. 315.) In stating that “[t]he question is whether the . . . means chosen are reasonable in light of the nonpunitive objective” (Smith, at p. 105), Smith drew no analogy between the excessiveness inquiry and rational basis revi

2015(Maj. opn., ante, at p. 1069 [“The electorate could reasonably conclude . . . .”]; id. at p. 1069, fn. 16, citing FCC v. Beach Communications, Inc. (1993) 508 U.S. 307, 314 [ 124 L.Ed.2d 211 , 113 S.Ct. 2096 ].) But the inquiry here focuses on the effects of the statute, not whether there is some “ ‘conceivable basis which might support it.’ ” (Beach Communications, at p. 315.) In stating that “[t]he question is whether the . . . means chosen are reasonable in light of the nonpunitive objective” (Smith, at p. 105), Smith drew no analogy between the excessiveness inquiry and rational basis revi

11
Disorbo v. Hoygreen
ca2 · 2003 · cited in 1 California opinions naming this issue, 2006–2006
1 sentence

2006(Patterson v. Balsamico (2d Cir. 2006) 440 F.3d 104 , 121-122 (Patterson); Vasbinder v. Scott (2d Cir. 1992) 976 F.2d 118, 121 (Vasbinder); DiSorbo v. Hoy, supra, 343 F.3d at p. 189, fn. 9 ; see also Newport v. Fact Concerts, Inc. (1981) 453 U.S. 247, 269-270 [ 69 L.Ed.2d 616 , 101 S.Ct. 2748 ].) Because the punitive damages award was based solely on a federal civil rights claim, we review the excessiveness claim under federal law applicable to punitive damages awards.

11
Chavez v. Keatgreen
calctapp · 1995 · cited in 1 California opinions naming this issue, 2006–2006
2 sentences

2006(Chavez v. Keat (1995) 34 Cal.App.4th 1406, 1413-1416 [ 41 Cal.Rptr.2d 72 ].) Under federal law, a punitive damages award is not dependent on proof of a defendant’s ability to pay (Kemezy v. Peters (7th Cir. 1996) 79 F.3d 33, 33-34 ; Woods-Drake v. Lundy (5th Cir. 1982) 667 F.2d 1198, 1203, fn. 9 ; Chavez v. Keat, supra, 34 Cal.App.4th at pp. 1410-1411), but if evidence is submitted, it is an important consideration as to the reasonableness of the award.

2006(Chavez v. Keat (1995) 34 Cal.App.4th 1406, 1413-1416 [ 41 Cal.Rptr.2d 72 ].) Under federal law, a punitive damages award is not dependent on proof of a defendant’s ability to pay (Kemezy v. Peters (7th Cir. 1996) 79 F.3d 33, 33-34 ; Woods-Drake v. Lundy (5th Cir. 1982) 667 F.2d 1198, 1203, fn. 9 ; Chavez v. Keat, supra, 34 Cal.App.4th at pp. 1410-1411), but if evidence is submitted, it is an important consideration as to the reasonableness of the award.

11
Christina A. Woods-Drake v. C. L. Lundygreen
ca5 · 1982 · cited in 1 California opinions naming this issue, 2006–2006
1 sentence

2006(Chavez v. Keat (1995) 34 Cal.App.4th 1406, 1413-1416 [ 41 Cal.Rptr.2d 72 ].) Under federal law, a punitive damages award is not dependent on proof of a defendant’s ability to pay (Kemezy v. Peters (7th Cir. 1996) 79 F.3d 33, 33-34 ; Woods-Drake v. Lundy (5th Cir. 1982) 667 F.2d 1198, 1203, fn. 9 ; Chavez v. Keat, supra, 34 Cal.App.4th at pp. 1410-1411), but if evidence is submitted, it is an important consideration as to the reasonableness of the award.

11
City of Newport v. Fact Concerts, Inc.green
scotus · 1981 · cited in 1 California opinions naming this issue, 2006–2006
2 sentences

2006(Patterson v. Balsamico (2d Cir. 2006) 440 F.3d 104 , 121-122 (Patterson); Vasbinder v. Scott (2d Cir. 1992) 976 F.2d 118, 121 (Vasbinder); DiSorbo v. Hoy, supra, 343 F.3d at p. 189, fn. 9 ; see also Newport v. Fact Concerts, Inc. (1981) 453 U.S. 247, 269-270 [ 69 L.Ed.2d 616 , 101 S.Ct. 2748 ].) Because the punitive damages award was based solely on a federal civil rights claim, we review the excessiveness claim under federal law applicable to punitive damages awards.

2006(Patterson v. Balsamico (2d Cir. 2006) 440 F.3d 104 , 121-122 (Patterson); Vasbinder v. Scott (2d Cir. 1992) 976 F.2d 118, 121 (Vasbinder); DiSorbo v. Hoy, supra, 343 F.3d at p. 189, fn. 9 ; see also Newport v. Fact Concerts, Inc. (1981) 453 U.S. 247, 269-270 [ 69 L.Ed.2d 616 , 101 S.Ct. 2748 ].) Because the punitive damages award was based solely on a federal civil rights claim, we review the excessiveness claim under federal law applicable to punitive damages awards.

11
Arnold R. Vasbinder v. Basil Y. Scott and Richard M. Switzergreen
ca2 · 1992 · cited in 1 California opinions naming this issue, 2006–2006
1 sentence

2006(Patterson v. Balsamico (2d Cir. 2006) 440 F.3d 104 , 121-122 (Patterson); Vasbinder v. Scott (2d Cir. 1992) 976 F.2d 118, 121 (Vasbinder); DiSorbo v. Hoy, supra, 343 F.3d at p. 189, fn. 9 ; see also Newport v. Fact Concerts, Inc. (1981) 453 U.S. 247, 269-270 [ 69 L.Ed.2d 616 , 101 S.Ct. 2748 ].) Because the punitive damages award was based solely on a federal civil rights claim, we review the excessiveness claim under federal law applicable to punitive damages awards.

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 (8)

CaseCitedYears
People v. Overstock.com, Inc. green
calctapp · 2017
2 sentences

2022When we consider whether a fine is excessive, “we accept the trial court’s factual findings unless clearly erroneous and determine de novo whether the fine is excessive.” (Overstock.com, supra, 12 Cal.App.5th at p. 1091 ; Lent v. Cal. Coastal Com. (2021) 62 Cal.App.5th 812 , 857 [“ ‘ “[F]actual findings made by the [trial court] in conducting the excessiveness inquiry, of course, must be accepted unless clearly erroneous.” ’ ”].) “To decide whether the fine [is] constitutionally disproportionate, we consider: ‘(1) the defendant’s culpability; (2) the relationship between the harm and the penal

2022When we consider whether a fine is excessive, “we accept the trial court’s factual findings unless clearly erroneous and determine de novo whether the fine is excessive.” (Overstock.com, supra, 12 Cal.App.5th at p. 1091 ; Lent v. Cal. Coastal Com. (2021) 62 Cal.App.5th 812 , 857 [“ ‘ “[F]actual findings made by the [trial court] in conducting the excessiveness inquiry, of course, must be accepted unless clearly erroneous.” ’ ”].) “To decide whether the fine [is] constitutionally disproportionate, we consider: ‘(1) the defendant’s culpability; (2) the relationship between the harm and the penal

22022–2022
Timbs v. Indiana green
scotus · 2019
2 sentences

2021(Timbs v. Indiana (2019) ___ U.S. ___, ___ [ 139 S.Ct. 682, 686-687 , 203 L.Ed.2d 11 ].) 54 disproportionate to the Lents’ violation under the factors in Lockyer and Bajakajian. “‘We review de novo whether a fine is constitutionally excessive and therefore violates the Eighth Amendment’s Excessive Fines Clause.’ [Citations.] ‘[F]actual findings made by the [trial court] in conducting the excessiveness inquiry, of course, must be accepted unless clearly erroneous.’” (Sweeney v. California Regional Water Quality Control Bd. (Feb. 18, 2021, A153583) ___ Cal.App.5th ___, ___ [2021 Cal.App.Lexis 24

2021(Timbs v. Indiana (2019) ___ U.S. ___, ___ [ 139 S.Ct. 682, 686-687 , 203 L.Ed.2d 11 ].) 54 disproportionate to the Lents’ violation under the factors in Lockyer and Bajakajian. “‘We review de novo whether a fine is constitutionally excessive and therefore violates the Eighth Amendment’s Excessive Fines Clause.’ [Citations.] ‘[F]actual findings made by the [trial court] in conducting the excessiveness inquiry, of course, must be accepted unless clearly erroneous.’” (Sweeney v. California Regional Water Quality Control Bd. (Feb. 18, 2021, A153583) ___ Cal.App.5th ___, ___ [2021 Cal.App.Lexis 24

22021–2021
People v. Martinez green
calctapp · 1999
1 sentence

2022Analysis First, of the three analytical techniques identified by the California Supreme Court in reviewing an excessiveness claim, “[t]he main technique of analysis under California law is to consider the nature both of the offense and of the offender. [Citation.]” (People v. Martinez, supra, 76 Cal.App.4th at p. 494 .) Regarding the offense, we consider it “both in the abstract and in the totality of circumstances surrounding its actual commission” (ibid.), including “ ‘motive, the way it was committed, the extent of the defendant’s involvement, and the consequences of his acts.’ ” (People v.

12022–2022
People v. Martinez green
calctapp · 1999
2 sentences

2022Regarding the offender, we consider “the defendant’s individual culpability, as shown by such factors as age, 63 prior criminality, personal characteristics, and state of mind. [Citations.]” (People v. Martinez, supra, 76 Cal.App.4th at p. 494 .) The offense of aggravated kidnapping for extortion with bodily injury is punishable by LWOP. (§ 209, subd. (a).) “The Legislature has chosen to make [some] offenses not involving homicide punishable by life imprisonment without possibility of parole. . . .

2022Analysis First, of the three analytical techniques identified by the California Supreme Court in reviewing an excessiveness claim, “[t]he main technique of analysis under California law is to consider the nature both of the offense and of the offender. [Citation.]” (People v. Martinez, supra, 76 Cal.App.4th at p. 494 .) Regarding the offense, we consider it “both in the abstract and in the totality of circumstances surrounding its actual commission” (ibid.), including “ ‘motive, the way it was committed, the extent of the defendant’s involvement, and the consequences of his acts.’ ” (People v.

12022–2022
United States v. Bajakajian red
scotus · 1998
1 sentence

2020Ability to Pay Is an Important Consideration in Evaluating Whether These “Fines” Are “Excessive” Under the Excessive Fines Prohibitions of the Eighth Amendment and Article I, Section 17 of the California Constitution In evaluating excessiveness, the starting point for analysis—though not the end of it—is United States v. Bajakajian (1998) 524 U.S. 321 (Bajakajian), where the United States Supreme Court announced an excessiveness test that has been recognized by California courts as applicable to both the federal and state excessive fines clauses.

12020–2020
Jeffrey Kemezy v. James Peters green
ca7 · 1996
1 sentence

2006(Chavez v. Keat (1995) 34 Cal.App.4th 1406, 1413-1416 [ 41 Cal.Rptr.2d 72 ].) Under federal law, a punitive damages award is not dependent on proof of a defendant’s ability to pay (Kemezy v. Peters (7th Cir. 1996) 79 F.3d 33, 33-34 ; Woods-Drake v. Lundy (5th Cir. 1982) 667 F.2d 1198, 1203, fn. 9 ; Chavez v. Keat, supra, 34 Cal.App.4th at pp. 1410-1411), but if evidence is submitted, it is an important consideration as to the reasonableness of the award.

12006–2006
Patterson v. Balsamico green
ca2 · 2006
1 sentence

2006(Patterson v. Balsamico (2d Cir. 2006) 440 F.3d 104 , 121-122 (Patterson); Vasbinder v. Scott (2d Cir. 1992) 976 F.2d 118, 121 (Vasbinder); DiSorbo v. Hoy, supra, 343 F.3d at p. 189, fn. 9 ; see also Newport v. Fact Concerts, Inc. (1981) 453 U.S. 247, 269-270 [ 69 L.Ed.2d 616 , 101 S.Ct. 2748 ].) Because the punitive damages award was based solely on a federal civil rights claim, we review the excessiveness claim under federal law applicable to punitive damages awards.

12006–2006
Harris v. Harter green
calctapp · 1926
2 sentences

1968While the result of [Harris v. Harter, supra, 79 Cal.App. 190 ] seems clearly justifiable, it is misleading to describe the plaintiff's cause of *350 action as one for malicious prosecution." (Italics added.) (Note, supra, 40 Harv.L.Rev. 502-503.) [fn. 7] [10] We believe that in view of the reasons stated below excessive attachments should be treated as giving rise to a cause of action for abuse of process rather than for malicious prosecution. [fn. 8] First, in the case of an excessive attachment action, two requirements of the malicious prosecution action may very well be lacking: absence of

1968While the result of [Harris v. Harter, supra, 79 Cal.App. 190 ] seems clearly justifiable, it is misleading to describe the plaintiff's cause of *350 action as one for malicious prosecution." (Italics added.) (Note, supra, 40 Harv.L.Rev. 502-503.) [fn. 7] [10] We believe that in view of the reasons stated below excessive attachments should be treated as giving rise to a cause of action for abuse of process rather than for malicious prosecution. [fn. 8] First, in the case of an excessive attachment action, two requirements of the malicious prosecution action may very well be lacking: absence of

11968–1968

Where else courts name it

PA 80 (1984–2026) LA 22 (1983–2024) CA 12 (1968–2024) IL 7 (2005–2020) TX 6 (2008–2026) ME 5 (2006–2022) MD 5 (1995–2015) SC 4 (2009–2021) AL 4 (1987–2011) OH 4 (1995–2001) DC 3 (2010–2021) IN 3 (2009–2026) NC 3 (2009–2009) OR 2 (2001–2011) AK 2 (2007–2025) NV 2 (2000–2013)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

← Caselaw search · G Cite Topics · Brief Check