Reynolds standard (California) · Go Syfert
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Reynolds standard in California

12 California opinions name it 2 courts 1992–2024 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 (8)

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

22
Salyer Land Co. v. Tulare Lake Basin Water Storage Districtgreen
scotus · 1973 · cited in 2 California opinions naming this issue, 1992–2002
2 sentences

2002The decisive result to be drawn from the conclusion that the strictures of Reynolds v. Sims, supra, 377 U.S. 533 , do not apply in these circumstances is that the governing constitutional test becomes whether the allocation of voting power in a manner that is proportional to the financial impact of the assessment is not “ ‘wholly irrelevant to achievement of the [provision’s] objectives.’ ” (Salyer Land Co. v. Tulare Water District (1973) 410 U.S. 719, 730 [ 93 S.Ct. 1224, 1231 , 35 L.Ed.2d 659 ] (Salyer), quoting *1000 Kotch v. Pilot Comm’rs (1947) 330 U.S. 552, 556 [ 67 S.Ct. 910, 912 , 91 L

2002The decisive result to be drawn from the conclusion that the strictures of Reynolds v. Sims, supra, 377 U.S. 533 , do not apply in these circumstances is that the governing constitutional test becomes whether the allocation of voting power in a manner that is proportional to the financial impact of the assessment is not “ ‘wholly irrelevant to achievement of the [provision’s] objectives.’ ” (Salyer Land Co. v. Tulare Water District (1973) 410 U.S. 719, 730 [ 93 S.Ct. 1224, 1231 , 35 L.Ed.2d 659 ] (Salyer), quoting *1000 Kotch v. Pilot Comm’rs (1947) 330 U.S. 552, 556 [ 67 S.Ct. 910, 912 , 91 L

22
Hill v. City of Long Beachgreen
calctapp · 1995 · cited in 1 California opinions naming this issue, 2014–2014
2 sentences

2014Discussion This appeal is timely and properly brought as to the February 2012 order sustaining the demurrer (see Hill v. City of Long Beach (1995) 33 Cal.App.4th 1684, 1695 [ 40 Cal.Rptr.2d 125 ] [order sustaining demurrer is nonappealable, but may be reviewed on appeal of subsequent order of dismissal or judgment]) and the July 2012 order denying Reynolds’s motion for reconsideration (Code Civ.

2014Discussion This appeal is timely and properly brought as to the February 2012 order sustaining the demurrer (see Hill v. City of Long Beach (1995) 33 Cal.App.4th 1684, 1695 [ 40 Cal.Rptr.2d 125 ] [order sustaining demurrer is nonappealable, but may be reviewed on appeal of subsequent order of dismissal or judgment]) and the July 2012 order denying Reynolds’s motion for reconsideration (Code Civ.

11
Blowers v. Lawyers Cooperative Publishing Co.green
nywd · 1981 · cited in 1 California opinions naming this issue, 2013–2013
1 sentence

2013Co., Inc. (D.C.N.Y. 1981) 526 F.Supp. 1324, 1327 ["The amount of time spent by defendants' attorneys on a particular matter may have significant bearing on the 6 Over the People's objection, the trial court granted Reynolds's motion to seal all information pertaining to the hourly rates of its attorneys and the amount of fees it incurred.

11
Schaffter v. Creative Capital Leasing Group, LLCgreen
calctapp · 2008 · cited in 1 California opinions naming this issue, 2010–2010
2 sentences

2010Reynolds is not the arbiter of its conduct, and “[e]xpert opinion on contract interpretation is usually inadmissible.” (Schaffler v. Creative Capital Leasing Group, LLC (2008) 166 Cal.App.4th 745, 752, fn. 2 [ 83 Cal.Rptr.3d 19 ].) Reynolds also submits that course of performance evidence shows the Camel Farm advertising images are not “cartoons” within the meaning of the MSA.

2010Reynolds is not the arbiter of its conduct, and “[e]xpert opinion on contract interpretation is usually inadmissible.” (Schaffler v. Creative Capital Leasing Group, LLC (2008) 166 Cal.App.4th 745, 752, fn. 2 [ 83 Cal.Rptr.3d 19 ].) Reynolds also submits that course of performance evidence shows the Camel Farm advertising images are not “cartoons” within the meaning of the MSA.

11
People Ex Rel. Lockyer v. R.J. Reynolds Tobacco Co.green
calctapp · 2004 · cited in 1 California opinions naming this issue, 2010–2010
2 sentences

2010Reynolds Tobacco Co. (2004) 116 Cal.App.4th 1253, 1267 [ 11 Cal.Rptr.3d 317 ].) Further, while the opinions of Reynolds’s advertising agency, its employees and an expert witness on the MSA’s definition of “cartoon” may have been relevant to the issue of whether Reynolds’s violation of the ban on cartoons was intentional, the interpretation of contractual language is a legal matter for the court.

2010Reynolds Tobacco Co. (2004) 116 Cal.App.4th 1253, 1267 [ 11 Cal.Rptr.3d 317 ].) Further, while the opinions of Reynolds’s advertising agency, its employees and an expert witness on the MSA’s definition of “cartoon” may have been relevant to the issue of whether Reynolds’s violation of the ban on cartoons was intentional, the interpretation of contractual language is a legal matter for the court.

11
Kotch v. Board of River Port Pilot Comm'rs for Port of New Orleansgreen
scotus · 1947 · cited in 1 California opinions naming this issue, 2002–2002
2 sentences

2002The decisive result to be drawn from the conclusion that the strictures of Reynolds v. Sims, supra, 377 U.S. 533 , do not apply in these circumstances is that the governing constitutional test becomes whether the allocation of voting power in a manner that is proportional to the financial impact of the assessment is not “ ‘wholly irrelevant to achievement of the [provision’s] objectives.’ ” (Salyer Land Co. v. Tulare Water District (1973) 410 U.S. 719, 730 [ 93 S.Ct. 1224, 1231 , 35 L.Ed.2d 659 ] (Salyer), quoting *1000 Kotch v. Pilot Comm’rs (1947) 330 U.S. 552, 556 [ 67 S.Ct. 910, 912 , 91 L

2002The decisive result to be drawn from the conclusion that the strictures of Reynolds v. Sims, supra, 377 U.S. 533 , do not apply in these circumstances is that the governing constitutional test becomes whether the allocation of voting power in a manner that is proportional to the financial impact of the assessment is not “ ‘wholly irrelevant to achievement of the [provision’s] objectives.’ ” (Salyer Land Co. v. Tulare Water District (1973) 410 U.S. 719, 730 [ 93 S.Ct. 1224, 1231 , 35 L.Ed.2d 659 ] (Salyer), quoting *1000 Kotch v. Pilot Comm’rs (1947) 330 U.S. 552, 556 [ 67 S.Ct. 910, 912 , 91 L

11
Board of Governors v. First Lincolnwood Corp.green
scotus · 1978 · cited in 1 California opinions naming this issue, 2002–2002
2 sentences

2002(Salyer, supra, at p. 732 [98 S.Ct. at p. 1231] [“in the type of special district we now have before us, the question ... is not whether ... we would have lumped [all potential voters] together had we been enacting the statute in question, but instead whether ‘if any state of facts reasonably may be conceived to justify’ California’s decision to deny the franchise to lessees while granting it to landowners”].) That lenient standard is met here for reasons that are obvious.

2002(Salyer, supra, at p. 732 [98 S.Ct. at p. 1231] [“in the type of special district we now have before us, the question ... is not whether ... we would have lumped [all potential voters] together had we been enacting the statute in question, but instead whether ‘if any state of facts reasonably may be conceived to justify’ California’s decision to deny the franchise to lessees while granting it to landowners”].) That lenient standard is met here for reasons that are obvious.

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 (9)

CaseCitedYears
Blanchard v. Bergeron green
scotus · 1989
1 sentence

2020(Blanchard v. Bergeron (1989) 489 U.S. 87, 96 , italics added.) The court set the reasonable hourly rates based on its over forty years of experience in the legal field in Mendocino and Sonoma Counties and after a careful review of the issues in this matter and the pre-settlement motions; it rejected Reynolds’s request for fees at a higher rate charged in other jurisdictions because there had been no showing that hiring of local counsel was impractical.

12020–2020
Reynolds v. Bement green
cal · 2005
2 sentences

2017As Reynolds makes clear, its rule regarding the interpretation of "employees" was a specific application of the general rule that we do not presume the Legislature intends to abrogate the common law unless it " ' " 'clearly and unequivocally' " ' " says so. ( Reynolds , supra , 36 Cal.4th at p. 1086 , 32 Cal.Rptr.3d 483 , 116 P.3d 1162 .) The Reynolds rule therefore applies when the common law test of employment would have been appropriate in the same context at common law.

2017As Reynolds makes clear, its rule regarding the interpretation of "employees" was a specific application of the general rule that we do not presume the Legislature intends to abrogate the common law unless it " ' " 'clearly and unequivocally' " ' " says so. ( Reynolds , supra , 36 Cal.4th at p. 1086 , 32 Cal.Rptr.3d 483 , 116 P.3d 1162 .) The Reynolds rule therefore applies when the common law test of employment would have been appropriate in the same context at common law.

12017–2017
United States v. David Thai, Lan Ngoc Tran, Minh Do, Jimmy Nguyen, Hoang Huy Ngo, Quang Van Nguyen, and Lv Hong, A/K/A \l.v. Hong\"" green
ca2 · 1994
2 sentences

2007It cited Carlson for the proposition that "`[t]he Sixth Amendment does not stand as a shield to protect the accused from his own misconduct or chicanery.'" ( Rouco, at p. 995.) In 1993, the District Court of the District of Columbia noted in United States v. White (D.D.C.1993) 838 F.Supp. 618 , that the Reynolds rule that a defendant cannot assert his confrontation right if he has procured the witness's absence "has been applied by the courts in Aguiar, Potamitis, Steele, Thevis, Balano, and Carlson." (White, at p. 620 and fn. 3.) It held that if the defendant was responsible for the absence o

2007It cited Carlson for the proposition that "`[t]he Sixth Amendment does not stand as a shield to protect the accused from his own misconduct or chicanery.'" ( Rouco, at p. 995.) In 1993, the District Court of the District of Columbia noted in United States v. White (D.D.C.1993) 838 F.Supp. 618 , that the Reynolds rule that a defendant cannot assert his confrontation right if he has procured the witness's absence "has been applied by the courts in Aguiar, Potamitis, Steele, Thevis, Balano, and Carlson." (White, at p. 620 and fn. 3.) It held that if the defendant was responsible for the absence o

12007–2007
United States v. White green
dcd · 1993
2 sentences

2007It cited Carlson for the proposition that "`[t]he Sixth Amendment does not stand as a shield to protect the accused from his own misconduct or chicanery.'" ( Rouco, at p. 995.) In 1993, the District Court of the District of Columbia noted in United States v. White (D.D.C.1993) 838 F.Supp. 618 , that the Reynolds rule that a defendant cannot assert his confrontation right if he has procured the witness's absence "has been applied by the courts in Aguiar, Potamitis, Steele, Thevis, Balano, and Carlson." (White, at p. 620 and fn. 3.) It held that if the defendant was responsible for the absence o

2007It cited Carlson for the proposition that "`[t]he Sixth Amendment does not stand as a shield to protect the accused from his own misconduct or chicanery.'" ( Rouco, at p. 995.) In 1993, the District Court of the District of Columbia noted in United States v. White (D.D.C.1993) 838 F.Supp. 618 , that the Reynolds rule that a defendant cannot assert his confrontation right if he has procured the witness's absence "has been applied by the courts in Aguiar, Potamitis, Steele, Thevis, Balano, and Carlson." (White, at p. 620 and fn. 3.) It held that if the defendant was responsible for the absence o

12007–2007
United States v. Houlihan green
mad · 1995
2 sentences

2007The relevant issue is the [defendant's participation in [the deceased witness's] murder." Apparently in agreement with Thai is the next case, United States v. Houlihan (D.Mass.1995) 887 F.Supp. 352 , upon which defendant here heavily relies.

2007The relevant issue is the [defendant's participation in [the deceased witness's] murder." Apparently in agreement with Thai is the next case, United States v. Houlihan (D.Mass.1995) 887 F.Supp. 352 , upon which defendant here heavily relies.

12007–2007
United States v. Miller green
· 1997
2 sentences

2007It cited Carlson for the proposition that "`[t]he Sixth Amendment does not stand as a shield to protect the accused from his own misconduct or chicanery.'" ( Rouco, at p. 995.) In 1993, the District Court of the District of Columbia noted in United States v. White (D.D.C.1993) 838 F.Supp. 618 , that the Reynolds rule that a defendant cannot assert his confrontation right if he has procured the witness's absence "has been applied by the courts in Aguiar, Potamitis, Steele, Thevis, Balano, and Carlson." (White, at p. 620 and fn. 3.) It held that if the defendant was responsible for the absence o

2007It cited Carlson for the proposition that "`[t]he Sixth Amendment does not stand as a shield to protect the accused from his own misconduct or chicanery.'" ( Rouco, at p. 995.) In 1993, the District Court of the District of Columbia noted in United States v. White (D.D.C.1993) 838 F.Supp. 618 , that the Reynolds rule that a defendant cannot assert his confrontation right if he has procured the witness's absence "has been applied by the courts in Aguiar, Potamitis, Steele, Thevis, Balano, and Carlson." (White, at p. 620 and fn. 3.) It held that if the defendant was responsible for the absence o

12007–2007
Tellis v. Contractors' State License Board green
calctapp · 2000
1 sentence

2004(Tellis v. Contractors’ State License Bd., supra, 79 Cal.App.4th at p. 163 ; Blasiar, Inc. v. Fireman’s Fund Ins.

12004–2004
Bureerong v. Uvawas green
cacd · 1996
1 sentence

2003The definition of "employer" under Bureerong Reynolds next urges that respondents are employers based on the holding of Bureerong v. Uvawas (C.D.Cal.1996) 922 F.Supp. 1450 ( Bureerong ).

12003–2003
Reynolds v. Sims green
scotus · 1964
2 sentences

2002The decisive result to be drawn from the conclusion that the strictures of Reynolds v. Sims, supra, 377 U.S. 533 , do not apply in these circumstances is that the governing constitutional test becomes whether the allocation of voting power in a manner that is proportional to the financial impact of the assessment is not “ ‘wholly irrelevant to achievement of the [provision’s] objectives.’ ” (Salyer Land Co. v. Tulare Water District (1973) 410 U.S. 719, 730 [ 93 S.Ct. 1224, 1231 , 35 L.Ed.2d 659 ] (Salyer), quoting *1000 Kotch v. Pilot Comm’rs (1947) 330 U.S. 552, 556 [ 67 S.Ct. 910, 912 , 91 L

2002The decisive result to be drawn from the conclusion that the strictures of Reynolds v. Sims, supra, 377 U.S. 533 , do not apply in these circumstances is that the governing constitutional test becomes whether the allocation of voting power in a manner that is proportional to the financial impact of the assessment is not “ ‘wholly irrelevant to achievement of the [provision’s] objectives.’ ” (Salyer Land Co. v. Tulare Water District (1973) 410 U.S. 719, 730 [ 93 S.Ct. 1224, 1231 , 35 L.Ed.2d 659 ] (Salyer), quoting *1000 Kotch v. Pilot Comm’rs (1947) 330 U.S. 552, 556 [ 67 S.Ct. 910, 912 , 91 L

12002–2002

Where else courts name it

OH 14 (1997–2025) CA 12 (1992–2024) FL 11 (1987–2018) TX 10 (1972–2016) IL 9 (1976–2025) GA 7 (1958–2022) AL 7 (1988–2022) OK 7 (1998–2016) NM 5 (1981–2012) PA 4 (2005–2024) KS 4 (2024–2025) NE 3 (1982–1990) DE 3 (1964–2023) MN 3 (2016–2016) MI 3 (1979–2018) NY 3 (1969–2020) MS 2 (2000–2005) AZ 2 (1987–2018) WA 2 (2023–2023) KY 2 (1977–2012) UT 2 (2012–2023) MO 2 (2015–2019) ME 2 (2017–2019) IN 2 (1990–1993)

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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