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12 California opinions name it 3 courts 1897–2025 3 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 |
|---|---|---|
Swidler & Berlin v. United Statesgreen2 sentences2025It pointed to an established “testamentary exception” in the probate context; argued that that exception illustrates judicial 16 Justice O’Connor dissented, expressing the view that “a criminal defendant’s right to exculpatory evidence or a compelling law enforcement need for information may, where the testimony is not available from other sources, override a client’s posthumous interest in confidentiality.” (Swidler & Berlin, supra, 524 U.S. at p. 411 (dis. opn. of O’Connor, J.).) Justice Rehnquist, after noting there might be some potential exception where a criminal defendant’s constitution 2025It pointed to an established “testamentary exception” in the probate context; argued that that exception illustrates judicial 16 Justice O’Connor dissented, expressing the view that “a criminal defendant’s right to exculpatory evidence or a compelling law enforcement need for information may, where the testimony is not available from other sources, override a client’s posthumous interest in confidentiality.” (Swidler & Berlin, supra, 524 U.S. at p. 411 (dis. opn. of O’Connor, J.).) Justice Rehnquist, after noting there might be some potential exception where a criminal defendant’s constitution | 1 | 1 |
Temple Community Hospital v. Superior Courtgreen1 sentence2002The court in Temple Community, in fact, rejected the idea that violation of such a duty should lead a court to employ “the burdensome and inaccurate instrument of derivative tort litigation in the case of third party spoliation.” Instead, the court stated: “We observe that to the extent a duty to preserve evidence is imposed by statute or regulation upon the third party, the Legislature or the regulatory body that has imposed this duty generally will possess the authority to devise an effective sanction for violations of that duty.” (Temple Community, supra, 20 Cal.4th at p. 477.) Here, the Le | 1 | 1 |
People v. Leachgreen2 sentences1992First there is the case of People v. Pitts (1990) 223 Cal.App.3d 606 [ 273 Cal.Rptr. 757 ], in which the court said: “Although the trial court was under no sua sponte duty to give cautionary instructions regarding the testimony of informers, drug addicts, or immunized witnesses, appropriate instructions should have been given upon request.” (Id. at p. 881.) The apparent request in that case was that the testimony of immunized witnesses “was to be examined with greater caution than testimony of a normal witness.” (Id. at p. 880.) Second, there is the case of People v. Leach (1985) 41 Cal.3d 92, 1992First there is the case of People v. Pitts (1990) 223 Cal.App.3d 606 [ 273 Cal.Rptr. 757 ], in which the court said: “Although the trial court was under no sua sponte duty to give cautionary instructions regarding the testimony of informers, drug addicts, or immunized witnesses, appropriate instructions should have been given upon request.” (Id. at p. 881.) The apparent request in that case was that the testimony of immunized witnesses “was to be examined with greater caution than testimony of a normal witness.” (Id. at p. 880.) Second, there is the case of People v. Leach (1985) 41 Cal.3d 92, | 1 | 1 |
Northern Pacific Railway Co. v. United Statesgreen2 sentences1984Co. v. United States (1958) 356 U.S. 1, 5 [ 2 L.Ed.2d 545, 549 , 78 S.Ct. 514 ]; see also Broadcast Music Inc. v. CBS (1979) 441 U.S. 1, 19-20 [ 60 L.Ed.2d 1, 16 , 99 S.Ct. 1551 ].) Other cases seem to support the idea that such an inquiry is unnecessary where a maximum price-fixing scheme is involved. 1984Co. v. United States (1958) 356 U.S. 1, 5 [ 2 L.Ed.2d 545, 549 , 78 S.Ct. 514 ]; see also Broadcast Music Inc. v. CBS (1979) 441 U.S. 1, 19-20 [ 60 L.Ed.2d 1, 16 , 99 S.Ct. 1551 ].) Other cases seem to support the idea that such an inquiry is unnecessary where a maximum price-fixing scheme is involved. | 1 | 1 |
Broadcast Music, Inc. v. Columbia Broadcasting System, Inc.green2 sentences1984Co. v. United States (1958) 356 U.S. 1, 5 [ 2 L.Ed.2d 545, 549 , 78 S.Ct. 514 ]; see also Broadcast Music Inc. v. CBS (1979) 441 U.S. 1, 19-20 [ 60 L.Ed.2d 1, 16 , 99 S.Ct. 1551 ].) Other cases seem to support the idea that such an inquiry is unnecessary where a maximum price-fixing scheme is involved. 1984Co. v. United States (1958) 356 U.S. 1, 5 [ 2 L.Ed.2d 545, 549 , 78 S.Ct. 514 ]; see also Broadcast Music Inc. v. CBS (1979) 441 U.S. 1, 19-20 [ 60 L.Ed.2d 1, 16 , 99 S.Ct. 1551 ].) Other cases seem to support the idea that such an inquiry is unnecessary where a maximum price-fixing scheme is involved. | 1 | 1 |
Katz v. Walkinshawgreen2 sentences1970As stated in Katz v. Walkinshaw, 141 Cal. 116 , 122-123 [ 70 P. 663 , 74 P. 766 ], "The idea that the doctrine . . . is a part of the common law adopted by our statute, and beyond the power of the court to change or modify, is founded upon a misconception of the extent to which the common law is adopted by such statutory provisions, and a failure to observe some of the rules and principles of the common law itself. . . . 1970As stated in Katz v. Walkinshaw, 141 Cal. 116 , 122-123 [ 70 P. 663 , 74 P. 766 ], "The idea that the doctrine . . . is a part of the common law adopted by our statute, and beyond the power of the court to change or modify, is founded upon a misconception of the extent to which the common law is adopted by such statutory provisions, and a failure to observe some of the rules and principles of the common law itself. . . . | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in California. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
McClain v. Kissler
green
1 sentence2023The trial court did not find Minkovitch’s explanation credible, explicitly stating that it found “the dismissal was not in fact caused by the party’s mistake, inadvertence, surprise, or excusable neglect.” “In reviewing the trial court’s factual findings regarding excuse and diligence, we defer to the trial court’s assessments of credibility and the weight 5 Defendants have not appeared in this appeal and have not filed respondents’ briefs. 7 of the evidence and do not interfere with its determinations of these matters.” (McClain, supra, 39 Cal.App.5th at p. 415 .) Minkovitch disagrees that he | 1 | 2023–2023 |
People v. Randle
green
1 sentence2021(People v. Randle, supra, 35 Cal.4th at pp. 990, 997.) Thus, even this post-trial declaration lends weak support for the idea that defense counsel should have requested an instruction on defense of another. | 1 | 2021–2021 |
People v. Johnson
green
2 sentences2016Since he was never advised of his rights under section 1192.5, he should not be held to have waived them.’ ” (Walker, at p. 1025, citing Johnson, supra, 10 Cal.3d at p. 872 .) The People appear to advance the idea that when defense counsel, *590 not defendant, demonstrated an understanding that the plea may be withdrawn, both an objection and a motion to withdraw is required. 2016Since he was never advised of his rights under section 1192.5, he should not be held to have waived them.’ ” (Walker, at p. 1025, citing Johnson, supra, 10 Cal.3d at p. 872 .) The People appear to advance the idea that when defense counsel, *590 not defendant, demonstrated an understanding that the plea may be withdrawn, both an objection and a motion to withdraw is required. | 1 | 2016–2016 |
Gould v. Moss
green
1 sentence2014Gould v. Moss (1910) 158 Cal. 548 stands – at most – for the idea that a claim for costs does not fall within the category of an issue left for further consideration in an otherwise final judgment. | 1 | 2014–2014 |
People v. Pitts
green
2 sentences1992First there is the case of People v. Pitts (1990) 223 Cal.App.3d 606 [ 273 Cal.Rptr. 757 ], in which the court said: “Although the trial court was under no sua sponte duty to give cautionary instructions regarding the testimony of informers, drug addicts, or immunized witnesses, appropriate instructions should have been given upon request.” (Id. at p. 881.) The apparent request in that case was that the testimony of immunized witnesses “was to be examined with greater caution than testimony of a normal witness.” (Id. at p. 880.) Second, there is the case of People v. Leach (1985) 41 Cal.3d 92, 1992First there is the case of People v. Pitts (1990) 223 Cal.App.3d 606 [ 273 Cal.Rptr. 757 ], in which the court said: “Although the trial court was under no sua sponte duty to give cautionary instructions regarding the testimony of informers, drug addicts, or immunized witnesses, appropriate instructions should have been given upon request.” (Id. at p. 881.) The apparent request in that case was that the testimony of immunized witnesses “was to be examined with greater caution than testimony of a normal witness.” (Id. at p. 880.) Second, there is the case of People v. Leach (1985) 41 Cal.3d 92, | 1 | 1992–1992 |
Hudson v. Dailey
green
2 sentences1926In the case *459 of Hudson v. Dailey, 156 Cal. 617 [ 105 Pac. 748 ], opinion by Justice Shaw, the supreme court considered a case involving the withdrawal of water by wells and pumps and thereby depleting the quantity of water flowing into a near-by creek. 1926In the case *459 of Hudson v. Dailey, 156 Cal. 617 [ 105 Pac. 748 ], opinion by Justice Shaw, the supreme court considered a case involving the withdrawal of water by wells and pumps and thereby depleting the quantity of water flowing into a near-by creek. | 1 | 1926–1926 |
McCummins v. State
green
2 sentences1919In McCummins v. State, 132 Wis. 236 , [ 112 N. W. 25 ], the court was construing the section of the Motor Vehicle Act of Wisconsin, [Laws 1905, c. 305, sec. 4], which provided that the driver of' the motor vehicle, upon signal or sign of distress from the driver, or rider, of a frightened horse, should stop and “remain stationary, unless a movement forward shall be deemed necessary to avoid accident, etc.” (The italics are ours.) The court, in brief, held “that the word ‘deemed,’ as used in this connection, conveys the idea that the standard upon which the operator is to act rests in his judgm 1919In McCummins v. State, 132 Wis. 236 , [ 112 N. W. 25 ], the court was construing the section of the Motor Vehicle Act of Wisconsin, [Laws 1905, c. 305, sec. 4], which provided that the driver of' the motor vehicle, upon signal or sign of distress from the driver, or rider, of a frightened horse, should stop and “remain stationary, unless a movement forward shall be deemed necessary to avoid accident, etc.” (The italics are ours.) The court, in brief, held “that the word ‘deemed,’ as used in this connection, conveys the idea that the standard upon which the operator is to act rests in his judgm | 1 | 1919–1919 |
Patton v. Beecher
green
1 sentence1897Thus in Patton v. Beecher, 62 Ala. 579 , the court says: “The relation of debtor and creditor affords the latter so many opportunities of taking advantage of the necessities of the former that transactions between them are narrowly watched. .... | 1 | 1897–1897 |
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.