11 California opinions name it 3 courts 1934–2025 1 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 |
|---|---|---|
People v. Johnsongreen2 sentences2004First, we note ... that the comparison is one-sided since it ignores the characteristics of the other ... jurors against whom the prosecutor also exercised peremptory challenges. [Citation.] Moreover, we fail to see how a trial judge can reasonably be expected to make such detailed comparisons mid-trial." ( People v. Johnson, supra, at p. 1220, 255 Cal.Rptr. 569 , 767 P.2d 1047 .) We explained that "use of a comparison analysis to evaluate the bona fides of the prosecutor's stated reasons for peremptory challenges does not properly take into account the variety of factors and considerations th 2004First, we note ... that the comparison is one-sided since it ignores the characteristics of the other ... jurors against whom the prosecutor also exercised peremptory challenges. [Citation.] Moreover, we fail to see how a trial judge can reasonably be expected to make such detailed comparisons mid-trial." ( People v. Johnson, supra, at p. 1220, 255 Cal.Rptr. 569 , 767 P.2d 1047 .) We explained that "use of a comparison analysis to evaluate the bona fides of the prosecutor's stated reasons for peremptory challenges does not properly take into account the variety of factors and considerations th | 1 | 2 |
Elsner v. Uvegesgreen2 sentences2007(Eisner v. Uveges (2004) 34 Cal.4th 915, 927 [ 22 Cal.Rptr.3d 530 , 102 P.3d 915 ].) We begin with a comparison and analysis of the language of the old and new statutes. 2007(Eisner v. Uveges (2004) 34 Cal.4th 915, 927 [ 22 Cal.Rptr.3d 530 , 102 P.3d 915 ].) We begin with a comparison and analysis of the language of the old and new statutes. | 1 | 1 |
People v. Trevinogreen2 sentences2002"When the Legislature uses materially different language in statutory provisions addressing the same subject or related subjects, the normal inference is that the Legislature intended a difference in meaning." ( People v. Trevino (2001) 26 Cal.4th 237, 242 , 109 Cal. Rptr.2d 567 , 27 P.3d 283 .) In addition, those schemes are distinguishable from the *544 Labor Code provisions governing wage claims because they do not concern a sensitive public policy like the prompt payment of wages, nor a policy comparable to the legislative policy in favor of administrative resolution of wage claim disputes 2002"When the Legislature uses materially different language in statutory provisions addressing the same subject or related subjects, the normal inference is that the Legislature intended a difference in meaning." ( People v. Trevino (2001) 26 Cal.4th 237, 242 , 109 Cal. Rptr.2d 567 , 27 P.3d 283 .) In addition, those schemes are distinguishable from the *544 Labor Code provisions governing wage claims because they do not concern a sensitive public policy like the prompt payment of wages, nor a policy comparable to the legislative policy in favor of administrative resolution of wage claim disputes | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in California. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
People v. Williams
green
1 sentence2025“The exclusion of relevant evidence . . . is barred by the California Constitution’s Right to Truth in Evidence provision, unless otherwise compelled by the federal Constitution.” (Williams, supra, 28 Cal.4th at p. 415 , citing Cal. Const., art. | 1 | 2025–2025 |
Schmidt v. Bank of America, N.A.
green
2 sentences2019"It is fundamental that the language of a grant of an easement determines the scope of the easement." ( Schmidt v. Bank of America, N.A. (2014) 223 Cal.App.4th 1489 , 1499, 168 Cal.Rptr.3d 240 .) Grants are to be interpreted like contracts in general. ( Ibid. ) "A document that is clear and unambiguous is interpreted by an examination of the document itself and by a comparison and analysis of all of its provisions. 2019"It is fundamental that the language of a grant of an easement determines the scope of the easement." ( Schmidt v. Bank of America, N.A. (2014) 223 Cal.App.4th 1489 , 1499, 168 Cal.Rptr.3d 240 .) Grants are to be interpreted like contracts in general. ( Ibid. ) "A document that is clear and unambiguous is interpreted by an examination of the document itself and by a comparison and analysis of all of its provisions. | 1 | 2019–2019 |
McMillian v. Monroe County
green
2 sentences1998As a comparison of the factors delineated in Imbler v. Pachtman, supra, 424 U.S. 409 , and McMillian v. Monroe County, supra, 520 U.S. 781 , indicate, these are in fact separate inquiries. 1998As a comparison of the factors delineated in Imbler v. Pachtman, supra, 424 U.S. 409 , and McMillian v. Monroe County, supra, 520 U.S. 781 , indicate, these are in fact separate inquiries. | 1 | 1998–1998 |
Imbler v. Pachtman
green
2 sentences1998As a comparison of the factors delineated in Imbler v. Pachtman, supra, 424 U.S. 409 , and McMillian v. Monroe County, supra, 520 U.S. 781 , indicate, these are in fact separate inquiries. 1998As a comparison of the factors delineated in Imbler v. Pachtman, supra, 424 U.S. 409 , and McMillian v. Monroe County, supra, 520 U.S. 781 , indicate, these are in fact separate inquiries. | 1 | 1998–1998 |
Dibb v. County of San Diego
green
2 sentences1998Indeed, which entity a public official represents in performing a particular function involves an interpretation of state law, and the answer may, as the high court acknowledged, vary from state to state. ( McMillian v. Monroe County, supra, 520 U.S. at p. ___ [117 S.Ct. at pp. 1741-1742].) The availability of immunity from liability under section 1983 is, however, governed by federal, not state, law and may not vary from state to state. ( Howlett v. Rose, supra, 496 U.S. at pp. 375, 383 [110 S.Ct. at pp. 2442, 2446-2447].) Plaintiffs' reliance on our definition of a "public officer" in Dibb v 1998Indeed, which entity a public official represents in performing a particular function involves an interpretation of state law, and the answer may, as the high court acknowledged, vary from state to state. ( McMillian v. Monroe County, supra, 520 U.S. at p. ___ [117 S.Ct. at pp. 1741-1742].) The availability of immunity from liability under section 1983 is, however, governed by federal, not state, law and may not vary from state to state. ( Howlett v. Rose, supra, 496 U.S. at pp. 375, 383 [110 S.Ct. at pp. 2442, 2446-2447].) Plaintiffs' reliance on our definition of a "public officer" in Dibb v | 1 | 1998–1998 |
State v. Industrial Accident Commission
green
2 sentences1958This is true regardless of whether the percentage is to be adapted to a case such as the one now before us (see State v. Industrial Acc. Com., 129 Cal. App.2d 302 [ 276 P.2d 820 ]) or if the rating is for unscheduled injuries (see 1951 Partial Report, supra, 58-59). 1958This is true regardless of whether the percentage is to be adapted to a case such as the one now before us (see State v. Industrial Acc. Com., 129 Cal. App.2d 302 [ 276 P.2d 820 ]) or if the rating is for unscheduled injuries (see 1951 Partial Report, supra, 58-59). | 1 | 1958–1958 |
Mudrick v. Market Street Railway Co.
green
1 sentence1947Co. (supra), 11 Cal.2d 724, 730 , will point up the essential difference in the instruction given and a correct res ipsa loquitur instruction. | 1 | 1947–1947 |
People v. Wreden
neutral
1 sentence1938(People v. Wreden, 59 Cal. 392, 394 .) An examination of that ease discloses that the instructions there under consideration did not contain the words 1 ‘ clearly proved ’ ’. | 1 | 1938–1938 |
People v. Ross
green
2 sentences1934(People v. Ross, 134 Cal. 256 [ 66 Pac. 229 ].) A comparison of the instruction asked and refused in the cited case with the one here demonstrates that they are in substance the same. 1934(People v. Ross, 134 Cal. 256 [ 66 Pac. 229 ].) A comparison of the instruction asked and refused in the cited case with the one here demonstrates that they are in substance the same. | 1 | 1934–1934 |
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.