11 California opinions name it 3 courts 1988–2026 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.
| Case | Followed | Cited |
|---|---|---|
Burtnett v. Kinggreen2 sentences1990(See Burtnett v. King, supra, 33 Cal.2d 805, 813 [dis. opn. of Edmonds, J.]; Note, Default Judgments in Excess of Prayer (1952) 4 Stan.L.Rev. 278, 280; Note (1950) 38 Cal.L.Rev. 313, 316; Note (1949) 23 So.Cal.L.Rev. 124, 125.) The Cohen exception was premised on the notion that a prayer in the complaint seeking general relief, where support was concerned, necessarily placed a defendant on notice that he could be ordered to pay support. 1990(See Burtnett v. King, supra, 33 Cal.2d 805, 813 [dis. opn. of Edmonds, J.]; Note, Default Judgments in Excess of Prayer (1952) 4 Stan.L.Rev. 278, 280; Note (1950) 38 Cal.L.Rev. 313, 316; Note (1949) 23 So.Cal.L.Rev. 124, 125.) The Cohen exception was premised on the notion that a prayer in the complaint seeking general relief, where support was concerned, necessarily placed a defendant on notice that he could be ordered to pay support. | 2 | 2 |
Jay v. Mahaffey CA4/3green1 sentence2026We cannot say that the court abused its discretion in doing so, because “new evidence is not permitted with reply papers.” (Jay v. Mahaffey (2013) 218 Cal.App.4th 1522, 1537 (Jay).) 9 Even if the court considered the declarations filed with Snyder’s reply, we would still find no basis to reverse. | 1 | 1 |
Highland Springs Conference & Training Center v. City of Banninggreen1 sentence2022Karnow, who granted Cohen’s motion to intervene in June 2020 and ruled on the alter ego motion in September 2020. 4The plaintiff Rincon entities also filed notices of appeal, but they later dismissed their appeals. 4 a person who is the alter ego of the original judgment debtor.5 (Highland Springs Conference & Training Center v. City of Banning (2016) 244 Cal.App.4th 267, 280 (Highland Springs).) The decision to grant or deny a motion to add a judgment debtor on alter ego grounds “lies within the sound discretion of the trial court [citation] and will not be disturbed on appeal if there is a l | 1 | 1 |
Miller v. Woodsgreen2 sentences2009“ASCERTAINABILITY “Ascertainability turns on (1) the class definition; (2) the size of the class; and (3) the means of identifying the class members. [(]Miller v. Woods (1983) 148 Cal.App.3d 862, 873 [ 196 Cal.Rptr. 69 ].[)] Here, the class members are [defined as] all subscribers to [DIRECTV]’s HD Package. [DIRECTV] has stipulated that it is capable of identifying, by name, telephone number and billing address each potential class member that subscribed to the HD Package or activated an HD receiver. 2009“ASCERTAINABILITY “Ascertainability turns on (1) the class definition; (2) the size of the class; and (3) the means of identifying the class members. [(]Miller v. Woods (1983) 148 Cal.App.3d 862, 873 [ 196 Cal.Rptr. 69 ].[)] Here, the class members are [defined as] all subscribers to [DIRECTV]’s HD Package. [DIRECTV] has stipulated that it is capable of identifying, by name, telephone number and billing address each potential class member that subscribed to the HD Package or activated an HD receiver. | 1 | 1 |
Cohen v. Pettygreen2 sentences1996Cir. 1993) 65 F.2d 820, 821 [ 62 App.D.C. 187 ].) Respondent admits that “no prior California decisions have decided whether the [Cohen] rule also applies when defendant suffers a sudden and unanticipated mental, as opposed to physical illness.” Respondent urges this court to extend the Cohen rule to any sudden “illness,” without distinction between physical and mental illness. 1996Cir. 1993) 65 F.2d 820, 821 [ 62 App.D.C. 187 ].) Respondent admits that “no prior California decisions have decided whether the [Cohen] rule also applies when defendant suffers a sudden and unanticipated mental, as opposed to physical illness.” Respondent urges this court to extend the Cohen rule to any sudden “illness,” without distinction between physical and mental illness. | 1 | 1 |
Davis v. Gaschlergreen2 sentences1993(See Davis v. Gaschler (1992) 11 Cal.App.4th 1392, 1399 [ 14 Cal.Rptr.2d 679 ].) 5 Cohen’s claim that he did not realize the full extent of the danger because he reasonably believed only that the dog might snap at him closely parallels the claim rejected in Knight . 1993(See Davis v. Gaschler (1992) 11 Cal.App.4th 1392, 1399 [ 14 Cal.Rptr.2d 679 ].) 5 Cohen’s claim that he did not realize the full extent of the danger because he reasonably believed only that the dog might snap at him closely parallels the claim rejected in Knight . | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in California. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Cassel v. Sullivan, Roche & Johnson
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2 sentences2019Based on Cassel v. Sullivan, Roche & Johnson (1999) 76 Cal.App.4th 1157 , 90 Cal.Rptr.2d 899 ( Cassel ), the court ruled that "there is no notice requirement for damages sought before entry of default judgment" "where a plaintiff alleges a cause of action for accounting and knowledge of the debt due is within the possession of the defendant." In the court's view, Cassel excused plaintiff's obligation to plead a specific amount of damages because her lawsuit effectively sought an accounting of Cohen's and Tag's assets and income, and because Cohen and Tag had greater knowledge regarding that va 2019Based on Cassel v. Sullivan, Roche & Johnson (1999) 76 Cal.App.4th 1157 , 90 Cal.Rptr.2d 899 ( Cassel ), the court ruled that "there is no notice requirement for damages sought before entry of default judgment" "where a plaintiff alleges a cause of action for accounting and knowledge of the debt due is within the possession of the defendant." In the court's view, Cassel excused plaintiff's obligation to plead a specific amount of damages because her lawsuit effectively sought an accounting of Cohen's and Tag's assets and income, and because Cohen and Tag had greater knowledge regarding that va | 1 | 2019–2019 |
Steroid Hormone Product Cases
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1 sentence2015(Ibid.) Other decisions, such as Tucker (the decision on which the trial court here relied), have cited Cohen’s analysis approvingly. ( Tucker, supra, 208 23 Cal.App.4th at pp. 227-228; Knapp v. AT&T Wireless Services, Inc. (2011) 195 Cal.App.4th 932, 945 .) Plaintiff, however, cites dicta from in In re Steroid Hormone Product Cases (2010) 181 Cal.App.4th 145 , to support his argument that proof of class-wide reliance is not necessary in the UCL context. | 1 | 2015–2015 |
Tucker v. Pacific Bell Mobile Services
green
1 sentence2015(Ibid.) Other decisions, such as Tucker (the decision on which the trial court here relied), have cited Cohen’s analysis approvingly. ( Tucker, supra, 208 23 Cal.App.4th at pp. 227-228; Knapp v. AT&T Wireless Services, Inc. (2011) 195 Cal.App.4th 932, 945 .) Plaintiff, however, cites dicta from in In re Steroid Hormone Product Cases (2010) 181 Cal.App.4th 145 , to support his argument that proof of class-wide reliance is not necessary in the UCL context. | 1 | 2015–2015 |
Knapp v. AT&T Wireless Services, Inc.
green
1 sentence2015(Ibid.) Other decisions, such as Tucker (the decision on which the trial court here relied), have cited Cohen’s analysis approvingly. ( Tucker, supra, 208 23 Cal.App.4th at pp. 227-228; Knapp v. AT&T Wireless Services, Inc. (2011) 195 Cal.App.4th 932, 945 .) Plaintiff, however, cites dicta from in In re Steroid Hormone Product Cases (2010) 181 Cal.App.4th 145 , to support his argument that proof of class-wide reliance is not necessary in the UCL context. | 1 | 2015–2015 |
Bravo Vending v. City of Rancho Mirage
green
2 sentences2010(Bravo, supra, 16 Cal.App.4th at p. 412 ; see also id. at pp. 411, 413.) The Ordinance requires a local license to sell tobacco products and it provides for suspension or revocation of that license if such products are sold to minors. 2010(Bravo, supra, 16 Cal.App.4th at p. 412 , italics added.) Here, the Ordinance does not regulate merely “the manner” in which cigarettes are sold, but regulates the sale of cigarettes to minors, as does Penal Code section 308. | 1 | 2010–2010 |
Butigan v. Yellow Cab Co.
green
2 sentences1996She argues that the public policy rationale would remain the same; “i.e., as between an innocent injured party and an innocent ill driver, the innocent injured party must suffer.” The basis behind the Cohen rule is related to the general concept of “ ‘unavoidable accident.’ ” (6 Witkin, Summary of Cal. Law (9th ed. 1990) Torts, § 759, p. 98.) In California, our Supreme Court has addressed this concept in Butigan v. Yellow Cab Co. (1958) 49 Cal.2d 652 [ 320 P.2d 500 , 65 A.L.R.2d 1 ]: “In reality, the so-called defense of unavoidable accident has no legitimate place in our pleading. 1996She argues that the public policy rationale would remain the same; “i.e., as between an innocent injured party and an innocent ill driver, the innocent injured party must suffer.” The basis behind the Cohen rule is related to the general concept of “ ‘unavoidable accident.’ ” (6 Witkin, Summary of Cal. Law (9th ed. 1990) Torts, § 759, p. 98.) In California, our Supreme Court has addressed this concept in Butigan v. Yellow Cab Co. (1958) 49 Cal.2d 652 [ 320 P.2d 500 , 65 A.L.R.2d 1 ]: “In reality, the so-called defense of unavoidable accident has no legitimate place in our pleading. | 1 | 1996–1996 |
Knight v. Jewett
green
1 sentence1993There, the plaintiff submitted evidence supporting her assertion that she reasonably believed the touch football game in which she took part would be “ ‘mellow’ ” and not a serious competitive event in which she could be seriously injured. ( Knight, supra, 3 Cal.4th 296, 302 .) Because the court focused only on the nature of the defendant’s conduct in the context of the activity, the plaintiff’s misapprehension of the danger, whether reasonable or not, did not raise a triable issue of fact such as to avoid summary judgment. | 1 | 1993–1993 |
Shearson/American Express Inc. v. McMahon
green
2 sentences1988Under Cohen’s interpretation of Shearson/American Express, Inc. v. McMahon (1987) 482 U.S. 220 , [ 96 L.Ed.2d 185 , 107 S.Ct. 2332 ], the SEC is responsible for ensuring the fairness of arbitration proceedings under the NYSE and NASD. 1988Under Cohen’s interpretation of Shearson/American Express, Inc. v. McMahon (1987) 482 U.S. 220 , [ 96 L.Ed.2d 185 , 107 S.Ct. 2332 ], the SEC is responsible for ensuring the fairness of arbitration proceedings under the NYSE and NASD. | 1 | 1988–1988 |
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.