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13 California opinions name it 3 courts 1901–2026 7 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. Tolbertgreen2 sentences2016Even assuming a demurrer to a felony complaint generally must be made prior to the preliminary hearing, this does not change our analysis, as a defendant can demur to the information. (§§ 691, 1004; see also Tolbert, supra, 176 Cal.App.3d at p. 690 , 222 Cal.Rptr. 313 .) Defendants, however, claim failure to demur to the complaint constitutes waiver, relying on section 1012. 2016Even assuming a demurrer to a felony complaint generally must be made prior to the preliminary hearing, this does not change our analysis, as a defendant can demur to the information. (§§ 691, 1004; see also Tolbert, supra, 176 Cal.App.3d at p. 690 , 222 Cal.Rptr. 313 .) Defendants, however, claim failure to demur to the complaint constitutes waiver, relying on section 1012. | 3 | 3 |
Lee v. Dep't of Parks & Recreationgreen2 sentences2025(See Helm v. City of Los Angeles (2024) 101 Cal.App.5th 1219 , 1231 [“A party’s self-serving label” does not create a disputed issue of fact as to whether property is a trail]; Lee, supra, 38 Cal.App.5th at p. 212 [“ ‘The design and use will control what an object is, not the name’ ”].) Nor is it changed by the allegation that the trail continues to be used as a service road in addition to its use as a trail. 2025(See Helm v. City of Los Angeles (2024) 101 Cal.App.5th 1219 , 1231 [“A party’s self-serving label” does not create a disputed issue of fact as to whether property is a trail]; Lee, supra, 38 Cal.App.5th at p. 212 [“ ‘The design and use will control what an object is, not the name’ ”].) Nor is it changed by the allegation that the trail continues to be used as a service road in addition to its use as a trail. | 2 | 2 |
Ramirez v. Charter Communications, Inc.green1 sentence2026(See Ramirez v. Charter Communications, Inc. (2024) 16 Cal.5th 478 , 493 [“ ‘[W]hether a contract is fair or works unconscionable hardship is determined with reference to the time when the contract was made and cannot be resolved by hindsight by considering circumstances of which the contracting parties were unaware’ ”].) 6. | 1 | 1 |
People v. Langstongreen1 sentence2023(See, e.g., People v. Langston (2004) 33 Cal.4th 1237, 1241 [once the prior prison term is found true within the meaning of section 667.5, subdivision (b), the trial court may not stay the one-year enhancement, which is mandatory unless stricken].) But this does not change our analysis and disposition. 3 We construe the appeal as being from case Nos. 06F7071 and 07F1009 on our own motion even though defendant did not write “07F1009” on the notice of appeal form, because the order appealed from relates to both cases and the parties address both cases in their briefs. 2 A At the time the trial c | 1 | 1 |
People v. Alfordgreen2 sentences2012(See People v. Alford (2007) 42 Cal.4th 749, 753, fn. 2 [ 68 Cal.Rptr.3d 310 , 171 P.3d 32 ]; People v. Hinojosa (1980) 103 Cal.App.3d 57, 61-62 [ 162 Cal.Rptr. 793 ].) Particularly in light of the express declaration of intended prospective-only application contained in section 1170, subdivision (h)(6), this does not change our analysis or conclusion. 2012(See People v. Alford (2007) 42 Cal.4th 749, 753, fn. 2 [ 68 Cal.Rptr.3d 310 , 171 P.3d 32 ]; People v. Hinojosa (1980) 103 Cal.App.3d 57, 61-62 [ 162 Cal.Rptr. 793 ].) Particularly in light of the express declaration of intended prospective-only application contained in section 1170, subdivision (h)(6), this does not change our analysis or conclusion. | 1 | 1 |
People v. Hinojosagreen2 sentences2012(See People v. Alford (2007) 42 Cal.4th 749, 753, fn. 2 [ 68 Cal.Rptr.3d 310 , 171 P.3d 32 ]; People v. Hinojosa (1980) 103 Cal.App.3d 57, 61-62 [ 162 Cal.Rptr. 793 ].) Particularly in light of the express declaration of intended prospective-only application contained in section 1170, subdivision (h)(6), this does not change our analysis or conclusion. 2012(See People v. Alford (2007) 42 Cal.4th 749, 753, fn. 2 [ 68 Cal.Rptr.3d 310 , 171 P.3d 32 ]; People v. Hinojosa (1980) 103 Cal.App.3d 57, 61-62 [ 162 Cal.Rptr. 793 ].) Particularly in light of the express declaration of intended prospective-only application contained in section 1170, subdivision (h)(6), this does not change our analysis or conclusion. | 1 | 1 |
Preston v. State Board of Equalizationgreen2 sentences2012(Cf. People v. Alford, supra, 42 Cal.4th at pp. 754—755; Preston v. State Bd. of Equalization (2001) 25 Cal.4th 197, 223-224 [ 105 Cal.Rptr.2d 407 , 19 P.3d 1148 ].) Defendant asserts the Act affects two similarly situated groups. 2012(Cf. People v. Alford, supra, 42 Cal.4th at pp. 754—755; Preston v. State Bd. of Equalization (2001) 25 Cal.4th 197, 223-224 [ 105 Cal.Rptr.2d 407 , 19 P.3d 1148 ].) Defendant asserts the Act affects two similarly situated groups. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in California. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Helm v. City of Los Angeles
green
2 sentences2025(See Helm v. City of Los Angeles (2024) 101 Cal.App.5th 1219 , 1231 [“A party’s self-serving label” does not create a disputed issue of fact as to whether property is a trail]; Lee, supra, 38 Cal.App.5th at p. 212 [“ ‘The design and use will control what an object is, not the name’ ”].) Nor is it changed by the allegation that the trail continues to be used as a service road in addition to its use as a trail. 2025(See Helm v. City of Los Angeles (2024) 101 Cal.App.5th 1219 , 1231 [“A party’s self-serving label” does not create a disputed issue of fact as to whether property is a trail]; Lee, supra, 38 Cal.App.5th at p. 212 [“ ‘The design and use will control what an object is, not the name’ ”].) Nor is it changed by the allegation that the trail continues to be used as a service road in addition to its use as a trail. | 2 | 2025–2025 |
People v. Lewis
green
1 sentence2026Our Supreme Court held that the failure to appoint counsel does not raise a state or federal constitutional violation. ( Lewis, supra, 11 Cal.5th at pp. 972–973.) “There is no unconditional state or federal constitutional right to counsel to pursue collateral relief from a judgment of conviction.” (Id. at p. 972.) “[A] petitioner is not constitutionally entitled to counsel at the outset of the subdivision (c) stage of the section [1172.6] petitioning process.” (Id. at p. 973.) “At that point, the petitioner has not yet ‘stated facts 3 We point out that on April 26, 2017, the trial court amende | 1 | 2026–2026 |
People v. Carrasco
green
1 sentence2026(See People v. Carrasco (2014) 59 Cal.4th 924, 990 .) Regardless, this does not change our analysis of the arbitration agreement in this case. | 1 | 2026–2026 |
Nunez v. City of Redondo Beach
green
2 sentences2025This court rejected a similar argument in Nunez, supra, 81 Cal.App.5th 749 . 2025This court rejected a similar argument in Nunez, supra, 81 Cal.App.5th 749 . | 1 | 2025–2025 |
Yanowitz v. L'OREAL USA, INC.
green
1 sentence2023As the court explained, “there is no requirement that an employer’s retaliatory acts constitute one 17 swift blow, rather than a series of subtle, yet damaging, injuries.” (Yanowitz, supra, 36 Cal.4th at p. 1055 .) This does not change the requirement that retaliatory acts occur after the protected activity or, put differently, be prompted by the protected activity. | 1 | 2023–2023 |
Arbuckle v. Ward
green
1 sentence1907It is unfortunate that the corporation became involved and presumably was not able to pay its debts in full, but this does not change the rule that "a parol gift or grant of the right of way or easement followed by possession, use and enjoyment of it, with the knowledge of the grantor or donor for over five years invests the grantee or donee with an absolute title to the right of way or easement." ( Ashley v. Ashley, 4 Gray, 197 ; Sumner v. Stevens, 6 Met. 337 ; Arbuckle v. Ward, 29 Vt. 43 .) Of course, it is technically inaccurate under our practice to characterize the agreement of sale as a | 1 | 1907–1907 |
Williams v. Mecartney
neutral
1 sentence1901There is some language found in Williams v. Mecartney, 69 Cal. 556 , which possibly infringes upon these views. | 1 | 1901–1901 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
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.