properly defense (California) · Go Syfert
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properly defense in California

12 California opinions name it 2 courts 1958–2025 2 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 (13)

CaseFollowedCited
Santa Barbara County Child Welfare Services v. Jasmin R.green
calctapp · 2014 · cited in 1 California opinions naming this issue, 2025–2025
1 sentence

2025True, the court observed the situation was also “changing” in that Kelly was continuing to make progress: “Even if [Kelly] had met her burden on the first prong of showing a fully changed rather than what I believe I see here which are changing circumstances that remain in progress and remain changing, especially as I said it does appear in part that the birth of the child, the youngest child, may also be further motivating mother, which is great, but I don’t believe that that shows a fully changed circumstance here.”4 But as discussed, 4 This part of the court’s articulation of the standard,

11
Conservatorship of Johnsongreen
calctapp · 1991 · cited in 1 California opinions naming this issue, 2022–2022
1 sentence

2022Substantial evidence review accordingly applies here. 4 (San Diego Metropolitan Transit Development Bd. v. Handlery Hotel, Inc. (1999) 73 Cal.App.4th 517, 528 [review of motion for judgment]; Conservatorship of Johnson (1991) 235 Cal.App.3d 693, 697 [review of rehearing petition contesting conservatorship].) 2.

11
San Diego Metropolitan Transit Development Board v. Handlery Hotel, Inc.green
calctapp · 1999 · cited in 1 California opinions naming this issue, 2022–2022
1 sentence

2022Substantial evidence review accordingly applies here. 4 (San Diego Metropolitan Transit Development Bd. v. Handlery Hotel, Inc. (1999) 73 Cal.App.4th 517, 528 [review of motion for judgment]; Conservatorship of Johnson (1991) 235 Cal.App.3d 693, 697 [review of rehearing petition contesting conservatorship].) 2.

11
People v. Roldangreen
cal · 2005 · cited in 1 California opinions naming this issue, 2014–2014
2 sentences

2014(People v. Roldan (2005) 35 Cal.4th 646, 682 [ 27 Cal.Rptr.3d 360 , 110 P.3d 289 ] [“counsel’s decision to contact defendant’s family over his express wishes was a tactical decision counsel was entitled to make”], disapproved on another ground in Doolin, supra, 45 Cal.4th at p. 421, fn. 22 .) This case is distinguishable from Dent, supra, 30 Cal.4th 213 , upon which defendant relies.

2014(People v. Roldan (2005) 35 Cal.4th 646, 682 [ 27 Cal.Rptr.3d 360 , 110 P.3d 289 ] [“counsel’s decision to contact defendant’s family over his express wishes was a tactical decision counsel was entitled to make”], disapproved on another ground in Doolin, supra, 45 Cal.4th at p. 421, fn. 22 .) This case is distinguishable from Dent, supra, 30 Cal.4th 213 , upon which defendant relies.

11
People v. Doolingreen
cal · 2009 · cited in 1 California opinions naming this issue, 2014–2014
1 sentence

2014(People v. Roldan (2005) 35 Cal.4th 646, 682 [ 27 Cal.Rptr.3d 360 , 110 P.3d 289 ] [“counsel’s decision to contact defendant’s family over his express wishes was a tactical decision counsel was entitled to make”], disapproved on another ground in Doolin, supra, 45 Cal.4th at p. 421, fn. 22 .) This case is distinguishable from Dent, supra, 30 Cal.4th 213 , upon which defendant relies.

11
Heiser v. Superior Courtgreen
calctapp · 1979 · cited in 1 California opinions naming this issue, 1988–1988
2 sentences

1988(See Heiser v. Superior Court (1979) 88 Cal. App.3d 276, 279 [ 151 Cal. Rptr. 745 ].) However, "any right to a jury trial ... is only a right to submit to a jury issues of fact which are triable.

1988(See Heiser v. Superior Court (1979) 88 Cal. App.3d 276, 279 [ 151 Cal. Rptr. 745 ].) However, "any right to a jury trial ... is only a right to submit to a jury issues of fact which are triable.

11
People v. Politegreen
calctapp · 1965 · cited in 1 California opinions naming this issue, 1974–1974
2 sentences

1974We disagree. (10) Counsel's summation to the jury must be based upon facts shown by the evidence or known judicially. ( People v. Evans, 39 Cal.2d 242, 251 [ 246 P.2d 636 ].) Counsel may refer the jury to nonevidentiary matters of common knowledge, or to illustrations drawn from common experience, history, or literature ( People v. Love, 56 Cal.2d 720, 730 [ 16 Cal. Rptr. 777 , 366 P.2d 33 ]), but he may not dwell on the particular facts of unrelated, unsubstantiated cases. (9b) The court here properly permitted defense counsel to draw on common experience for the general notion that children

1974We disagree. (10) Counsel's summation to the jury must be based upon facts shown by the evidence or known judicially. ( People v. Evans, 39 Cal.2d 242, 251 [ 246 P.2d 636 ].) Counsel may refer the jury to nonevidentiary matters of common knowledge, or to illustrations drawn from common experience, history, or literature ( People v. Love, 56 Cal.2d 720, 730 [ 16 Cal. Rptr. 777 , 366 P.2d 33 ]), but he may not dwell on the particular facts of unrelated, unsubstantiated cases. (9b) The court here properly permitted defense counsel to draw on common experience for the general notion that children

11
People v. Lovegreen
cal · 1961 · cited in 1 California opinions naming this issue, 1974–1974
2 sentences

1974We disagree. (10) Counsel's summation to the jury must be based upon facts shown by the evidence or known judicially. ( People v. Evans, 39 Cal.2d 242, 251 [ 246 P.2d 636 ].) Counsel may refer the jury to nonevidentiary matters of common knowledge, or to illustrations drawn from common experience, history, or literature ( People v. Love, 56 Cal.2d 720, 730 [ 16 Cal. Rptr. 777 , 366 P.2d 33 ]), but he may not dwell on the particular facts of unrelated, unsubstantiated cases. (9b) The court here properly permitted defense counsel to draw on common experience for the general notion that children

1974We disagree. (10) Counsel's summation to the jury must be based upon facts shown by the evidence or known judicially. ( People v. Evans, 39 Cal.2d 242, 251 [ 246 P.2d 636 ].) Counsel may refer the jury to nonevidentiary matters of common knowledge, or to illustrations drawn from common experience, history, or literature ( People v. Love, 56 Cal.2d 720, 730 [ 16 Cal. Rptr. 777 , 366 P.2d 33 ]), but he may not dwell on the particular facts of unrelated, unsubstantiated cases. (9b) The court here properly permitted defense counsel to draw on common experience for the general notion that children

11
People v. Evansgreen
cal · 1952 · cited in 1 California opinions naming this issue, 1974–1974
2 sentences

1974We disagree. (10) Counsel's summation to the jury must be based upon facts shown by the evidence or known judicially. ( People v. Evans, 39 Cal.2d 242, 251 [ 246 P.2d 636 ].) Counsel may refer the jury to nonevidentiary matters of common knowledge, or to illustrations drawn from common experience, history, or literature ( People v. Love, 56 Cal.2d 720, 730 [ 16 Cal. Rptr. 777 , 366 P.2d 33 ]), but he may not dwell on the particular facts of unrelated, unsubstantiated cases. (9b) The court here properly permitted defense counsel to draw on common experience for the general notion that children

1974We disagree. (10) Counsel's summation to the jury must be based upon facts shown by the evidence or known judicially. ( People v. Evans, 39 Cal.2d 242, 251 [ 246 P.2d 636 ].) Counsel may refer the jury to nonevidentiary matters of common knowledge, or to illustrations drawn from common experience, history, or literature ( People v. Love, 56 Cal.2d 720, 730 [ 16 Cal. Rptr. 777 , 366 P.2d 33 ]), but he may not dwell on the particular facts of unrelated, unsubstantiated cases. (9b) The court here properly permitted defense counsel to draw on common experience for the general notion that children

11
People v. Radovichgreen
calctapp · 1932 · cited in 1 California opinions naming this issue, 1974–1974
2 sentences

1974We disagree. (10) Counsel's summation to the jury must be based upon facts shown by the evidence or known judicially. ( People v. Evans, 39 Cal.2d 242, 251 [ 246 P.2d 636 ].) Counsel may refer the jury to nonevidentiary matters of common knowledge, or to illustrations drawn from common experience, history, or literature ( People v. Love, 56 Cal.2d 720, 730 [ 16 Cal. Rptr. 777 , 366 P.2d 33 ]), but he may not dwell on the particular facts of unrelated, unsubstantiated cases. (9b) The court here properly permitted defense counsel to draw on common experience for the general notion that children

1974We disagree. (10) Counsel's summation to the jury must be based upon facts shown by the evidence or known judicially. ( People v. Evans, 39 Cal.2d 242, 251 [ 246 P.2d 636 ].) Counsel may refer the jury to nonevidentiary matters of common knowledge, or to illustrations drawn from common experience, history, or literature ( People v. Love, 56 Cal.2d 720, 730 [ 16 Cal. Rptr. 777 , 366 P.2d 33 ]), but he may not dwell on the particular facts of unrelated, unsubstantiated cases. (9b) The court here properly permitted defense counsel to draw on common experience for the general notion that children

11
People v. Hawthornegreen
calctapp · 1925 · cited in 1 California opinions naming this issue, 1974–1974
2 sentences

1974We disagree. (10) Counsel's summation to the jury must be based upon facts shown by the evidence or known judicially. ( People v. Evans, 39 Cal.2d 242, 251 [ 246 P.2d 636 ].) Counsel may refer the jury to nonevidentiary matters of common knowledge, or to illustrations drawn from common experience, history, or literature ( People v. Love, 56 Cal.2d 720, 730 [ 16 Cal. Rptr. 777 , 366 P.2d 33 ]), but he may not dwell on the particular facts of unrelated, unsubstantiated cases. (9b) The court here properly permitted defense counsel to draw on common experience for the general notion that children

1974We disagree. (10) Counsel's summation to the jury must be based upon facts shown by the evidence or known judicially. ( People v. Evans, 39 Cal.2d 242, 251 [ 246 P.2d 636 ].) Counsel may refer the jury to nonevidentiary matters of common knowledge, or to illustrations drawn from common experience, history, or literature ( People v. Love, 56 Cal.2d 720, 730 [ 16 Cal. Rptr. 777 , 366 P.2d 33 ]), but he may not dwell on the particular facts of unrelated, unsubstantiated cases. (9b) The court here properly permitted defense counsel to draw on common experience for the general notion that children

11
People v. Duncangreen
cal · 1960 · cited in 1 California opinions naming this issue, 1961–1961
1 sentence

1961(Cf. People v. Duncan (1960), supra, 53 Cal.2d 803, 812-816 [4] ; People v. Wein (1958) 50 Cal.2d 383, 394 [1] [ 326 P.2d 457 ], and cases there cited.) Here the court properly permitted defense counsel to address the quoted (fn. 1) specific questions to Mrs. Colby.

11
People v. Weingreen
cal · 1958 · cited in 1 California opinions naming this issue, 1961–1961
2 sentences

1961(Cf. People v. Duncan (1960), supra, 53 Cal.2d 803, 812-816 [4] ; People v. Wein (1958) 50 Cal.2d 383, 394 [1] [ 326 P.2d 457 ], and cases there cited.) Here the court properly permitted defense counsel to address the quoted (fn. 1) specific questions to Mrs. Colby.

1961(Cf. People v. Duncan (1960), supra, 53 Cal.2d 803, 812-816 [4] ; People v. Wein (1958) 50 Cal.2d 383, 394 [1] [ 326 P.2d 457 ], and cases there cited.) Here the court properly permitted defense counsel to address the quoted (fn. 1) specific questions to Mrs. Colby.

11

Distinguished, questioned or overruled (1)

CaseNegativeCited
People v. Woodsongreen
calctapp · 1964 · cited in 1 California opinions naming this issue, 1974–1974
2 sentences

1974We disagree. (10) Counsel's summation to the jury must be based upon facts shown by the evidence or known judicially. ( People v. Evans, 39 Cal.2d 242, 251 [ 246 P.2d 636 ].) Counsel may refer the jury to nonevidentiary matters of common knowledge, or to illustrations drawn from common experience, history, or literature ( People v. Love, 56 Cal.2d 720, 730 [ 16 Cal. Rptr. 777 , 366 P.2d 33 ]), but he may not dwell on the particular facts of unrelated, unsubstantiated cases. (9b) The court here properly permitted defense counsel to draw on common experience for the general notion that children

1974We disagree. (10) Counsel's summation to the jury must be based upon facts shown by the evidence or known judicially. ( People v. Evans, 39 Cal.2d 242, 251 [ 246 P.2d 636 ].) Counsel may refer the jury to nonevidentiary matters of common knowledge, or to illustrations drawn from common experience, history, or literature ( People v. Love, 56 Cal.2d 720, 730 [ 16 Cal. Rptr. 777 , 366 P.2d 33 ]), but he may not dwell on the particular facts of unrelated, unsubstantiated cases. (9b) The court here properly permitted defense counsel to draw on common experience for the general notion that children

11

Also cited on this issue (9)

CaseCitedYears
Lilienthal & Fowler v. Superior Court green
calctapp · 1993
1 sentence

2014Proc. § 437c, subd.(f)(1), italics added.) The parties' dispute here turns on the meaning of the phrase "cause of action." In Lilienthal & Fowler v. Superior Court (1993) 12 Cal.App.4th 1848 (Lilienthal), a legal malpractice action, the court of appeal held that the trial court properly could rule on a summary adjudication motion directed at the claims pertinent to services rendered on one legal matter, which claims had been combined in the same cause of action with the claims arising from services performed on another legal matter.

12014–2014
People v. Dent green
cal · 2003
1 sentence

2014(People v. Roldan (2005) 35 Cal.4th 646, 682 [ 27 Cal.Rptr.3d 360 , 110 P.3d 289 ] [“counsel’s decision to contact defendant’s family over his express wishes was a tactical decision counsel was entitled to make”], disapproved on another ground in Doolin, supra, 45 Cal.4th at p. 421, fn. 22 .) This case is distinguishable from Dent, supra, 30 Cal.4th 213 , upon which defendant relies.

12014–2014
Margolin v. Shemaria green
calctapp · 2000
1 sentence

2012(Margolin, supra, 85 Cal.App.4th at p. 894 .) The plaintiffs had no “right to insist that [the defendant] violate rule 2-200 (and thereby subject himself to possible disciplinary action by the State Bar of California) so that they can receive the benefit of their bargain with him.” (Ibid.) Nor was “equitable estoppel . . . available to plaintiffs to overcome [the defendant’s] assertion of rule 2-200 as a defense . . . .” (Id. at p. 901.) The plaintiffs’ reliance on the defendant’s promise to obtain the client’s written consent “was not sufficiently reasonable to afford plaintiffs relief from t

12012–2012
In Re Marriage of Judd green
calctapp · 1977
1 sentence

2001Postmerger employment/rates of pay In applying the time rule, we bear in mind the following: “Where the total number of years served by an employee-spouse is a substantial factor in computing the amount of retirement benefits to be received by that spouse, the community is entitled to have its share based upon the length of service performed on behalf of the community in proportion to the total length of service necessary to earn those benefits.” (In re Marriage of Judd, supra, 68 Cal.App.3d at p. 522 .) Respondent contends the court properly applied this rule to include the seven years of Fed

12001–2001
Thing v. La Chusa green
cal · 1989
2 sentences

1990(See also Thing v. La Chusa (1989) 48 Cal.3d 644 [ 257 Cal.Rptr. 865 , 771 P.2d 814 ]).

1990(See also Thing v. La Chusa (1989) 48 Cal.3d 644 [ 257 Cal.Rptr. 865 , 771 P.2d 814 ]).

11990–1990
Elder v. Carlisle Insurance green
calctapp · 1987
1 sentence

1990Co., supra, 193 Cal.App.3d at p. 1319 ) The court properly applied this principle by comparing the difference between the fair market value of the property at the time of the filing of the lis pendens with its fair market value at the time of its termination.

11990–1990
Dillon v. Legg green
cal · 1968
2 sentences

1990Nor was this properly a claim for negligent infliction of emotional distress of the Dillon v. Legg (1968) 68 Cal.2d 728 [ 69 Cal.Rptr. 72 , 441 P.2d 912 , 29 A.L.R.3d 1316 ] or Molien v. Kaiser Foundation Hospitals (1980) 27 Cal.3d 916 [ 167 Cal.Rptr. 831 , 616 P.2d 813 , 16 A.L.R.4th 518 ] varieties.

1990Nor was this properly a claim for negligent infliction of emotional distress of the Dillon v. Legg (1968) 68 Cal.2d 728 [ 69 Cal.Rptr. 72 , 441 P.2d 912 , 29 A.L.R.3d 1316 ] or Molien v. Kaiser Foundation Hospitals (1980) 27 Cal.3d 916 [ 167 Cal.Rptr. 831 , 616 P.2d 813 , 16 A.L.R.4th 518 ] varieties.

11990–1990
Molien v. Kaiser Foundation Hospitals green
cal · 1980
2 sentences

1990Nor was this properly a claim for negligent infliction of emotional distress of the Dillon v. Legg (1968) 68 Cal.2d 728 [ 69 Cal.Rptr. 72 , 441 P.2d 912 , 29 A.L.R.3d 1316 ] or Molien v. Kaiser Foundation Hospitals (1980) 27 Cal.3d 916 [ 167 Cal.Rptr. 831 , 616 P.2d 813 , 16 A.L.R.4th 518 ] varieties.

1990Nor was this properly a claim for negligent infliction of emotional distress of the Dillon v. Legg (1968) 68 Cal.2d 728 [ 69 Cal.Rptr. 72 , 441 P.2d 912 , 29 A.L.R.3d 1316 ] or Molien v. Kaiser Foundation Hospitals (1980) 27 Cal.3d 916 [ 167 Cal.Rptr. 831 , 616 P.2d 813 , 16 A.L.R.4th 518 ] varieties.

11990–1990
Howard v. Worthington green
calctapp · 1920
2 sentences

1958Howard v. Worthington, 50 Cal.App. 556 [ 195 P. 709 ], is a somewhat similar case.

1958Howard v. Worthington, 50 Cal.App. 556 [ 195 P. 709 ], is a somewhat similar case.

11958–1958

Where else courts name it

NY 41 (1898–2025) CT 13 (1983–2018) CA 12 (1958–2025) PA 7 (1944–2024) OH 6 (1992–2018) TX 5 (1979–2013) AZ 4 (1959–2023) FL 4 (1940–2013) IL 4 (1988–2024) GA 3 (1930–2025) TN 3 (1982–2012) MA 3 (1906–1943) MS 3 (1999–2001) NC 3 (1880–2000) CO 3 (2003–2025) MD 2 (2022–2022) MI 2 (1975–2020) VT 2 (2015–2023) KS 2 (1911–1934) OK 2 (1933–1964)

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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