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11 California opinions name it 2 courts 1924–1984 0 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. Sykesgreen2 sentences1963If it does, then it is admissible, whether it embraces the commission of another crime or does not, whether the other crime be similar in kind or not, whether it be part of a single design or not.’ ” (People v. Sykes, 44 Cal.2d 166, 170 [ 280 P.2d 769 ].) In the light of the foregoing rule, it obviously was proper to introduce other forged “referral fee” checks which appellant had deposited in his account during the period in question as well as the records of the sales transactions from which they arose. 1963If it does, then it is admissible, whether it embraces the commission of another crime or does not, whether the other crime be similar in kind or not, whether it be part of a single design or not.’ ” (People v. Sykes, 44 Cal.2d 166, 170 [ 280 P.2d 769 ].) In the light of the foregoing rule, it obviously was proper to introduce other forged “referral fee” checks which appellant had deposited in his account during the period in question as well as the records of the sales transactions from which they arose. | 2 | 2 |
People v. Gilbertgreen2 sentences1975(In re Williamson, supra, 43 Cal.2d at p. 654 ; People v. Gilbert (1969) 1 Cal.3d 475, 479 [ 82 Cal.Rptr. 724 , 462 P.2d 580 ].) It is immediately apparent that analysis of sections 447a and 548 in the light of the foregoing principle yields an internally contradictory result. 1975(In re Williamson, supra, 43 Cal.2d at p. 654 ; People v. Gilbert (1969) 1 Cal.3d 475, 479 [ 82 Cal.Rptr. 724 , 462 P.2d 580 ].) It is immediately apparent that analysis of sections 447a and 548 in the light of the foregoing principle yields an internally contradictory result. | 1 | 1 |
People v. Nancegreen2 sentences1975Comparing the respective intents constituting elements of the crimes thereby defined, we note that the general intent required to commit a violation of section 447a (People v. Nance (1972) 25 Cal.App.3d 925, 928 [ 102 Cal.Rptr. 266 ]) is broader than and includes the specific intent which is a component of the crime defined by section 548. 1975Comparing the respective intents constituting elements of the crimes thereby defined, we note that the general intent required to commit a violation of section 447a (People v. Nance (1972) 25 Cal.App.3d 925, 928 [ 102 Cal.Rptr. 266 ]) is broader than and includes the specific intent which is a component of the crime defined by section 548. | 1 | 1 |
Ebert v. State of Californiagreen2 sentences1967(County of Placer v. Aetna Cas. etc. Co., 50 Cal.2d 182, 188-189 [ 323 P.2d 753 ] ; City of National City v. Fritz, 33 Cal.2d 635, 637 [ 204 P.2d 7 ]; Ebert v. State of California, 33 Cal.2d 502, 509 [ 202 P.2d 1022 ].) In the instant case, moreover, since sections 16451 and 16454 were, prior to 1959, both part of former section 415, the rule of statutory construction that all parts of a statute should be read together and construed to achieve harmony between the parts is also applicable. 1967(County of Placer v. Aetna Cas. etc. Co., 50 Cal.2d 182, 188-189 [ 323 P.2d 753 ] ; City of National City v. Fritz, 33 Cal.2d 635, 637 [ 204 P.2d 7 ]; Ebert v. State of California, 33 Cal.2d 502, 509 [ 202 P.2d 1022 ].) In the instant case, moreover, since sections 16451 and 16454 were, prior to 1959, both part of former section 415, the rule of statutory construction that all parts of a statute should be read together and construed to achieve harmony between the parts is also applicable. | 1 | 1 |
County of Placer v. Aetna Casualty & Surety Co.green2 sentences1967(County of Placer v. Aetna Cas. etc. Co., 50 Cal.2d 182, 188-189 [ 323 P.2d 753 ] ; City of National City v. Fritz, 33 Cal.2d 635, 637 [ 204 P.2d 7 ]; Ebert v. State of California, 33 Cal.2d 502, 509 [ 202 P.2d 1022 ].) In the instant case, moreover, since sections 16451 and 16454 were, prior to 1959, both part of former section 415, the rule of statutory construction that all parts of a statute should be read together and construed to achieve harmony between the parts is also applicable. 1967(County of Placer v. Aetna Cas. etc. Co., 50 Cal.2d 182, 188-189 [ 323 P.2d 753 ] ; City of National City v. Fritz, 33 Cal.2d 635, 637 [ 204 P.2d 7 ]; Ebert v. State of California, 33 Cal.2d 502, 509 [ 202 P.2d 1022 ].) In the instant case, moreover, since sections 16451 and 16454 were, prior to 1959, both part of former section 415, the rule of statutory construction that all parts of a statute should be read together and construed to achieve harmony between the parts is also applicable. | 1 | 1 |
City of National City v. Fritzgreen1 sentence1967(County of Placer v. Aetna Cas. etc. Co., 50 Cal.2d 182, 188-189 [ 323 P.2d 753 ] ; City of National City v. Fritz, 33 Cal.2d 635, 637 [ 204 P.2d 7 ]; Ebert v. State of California, 33 Cal.2d 502, 509 [ 202 P.2d 1022 ].) In the instant case, moreover, since sections 16451 and 16454 were, prior to 1959, both part of former section 415, the rule of statutory construction that all parts of a statute should be read together and construed to achieve harmony between the parts is also applicable. | 1 | 1 |
Popejoy v. Hannongreen2 sentences1961Viewing the evidence in the light of the foregoing rule, we conclude it would not support a finding that plaintiff was an invitee; the record clearly reveals plaintiff’s status to be that of a social guest and as such, a licensee on defendants’ premises, and that defendants had no duty to warn her of the grease pan. “ It is the purpose for which a person is upon the premises of another which renders him an invitee rather than a licensee.” (Popejoy v. Hannon, 37 Cal.2d 159, 169 [ 231 P.2d 484 ].) “As a general rule, if that purpose is one of common interest or mutual advantage the person is con 1961Viewing the evidence in the light of the foregoing rule, we conclude it would not support a finding that plaintiff was an invitee; the record clearly reveals plaintiff’s status to be that of a social guest and as such, a licensee on defendants’ premises, and that defendants had no duty to warn her of the grease pan. “ It is the purpose for which a person is upon the premises of another which renders him an invitee rather than a licensee.” (Popejoy v. Hannon, 37 Cal.2d 159, 169 [ 231 P.2d 484 ].) “As a general rule, if that purpose is one of common interest or mutual advantage the person is con | 1 | 1 |
Russell v. Russellgreen2 sentences1924(Estate of Russell, 189 Cal. 759, 763 [ 210 Pac. 249 ].) As to the power of the appellate courts in the premises it was said in Estate of Snowball, 157 Cal. 301 [ 107 Pac. 598 ], in will contests the rule is the same as in other proceedings, that all questions of the weight of the evidence and the credibility of the witnesses are for the trial court, and if there be any substantial evidence to support the finding it cannot be set aside by the reviewing court, although said court might believe the great preponderance of the evidence was the other way. 1924(Estate of Russell, 189 Cal. 759, 763 [ 210 Pac. 249 ].) As to the power of the appellate courts in the premises it was said in Estate of Snowball, 157 Cal. 301 [ 107 Pac. 598 ], in will contests the rule is the same as in other proceedings, that all questions of the weight of the evidence and the credibility of the witnesses are for the trial court, and if there be any substantial evidence to support the finding it cannot be set aside by the reviewing court, although said court might believe the great preponderance of the evidence was the other way. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in California. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Walker v. Northern San Diego County Hospital District
green
2 sentences1984(Id., at p. 329.) In Walker v. Northern San Diego County Hospital Dist. (1982) 135 Cal.App.3d 896 [ 185 Cal.Rptr. 617 ], the plaintiff was able to rebut the presumption that she was an “at-will” employee. 1984(Id., at p. 329.) In Walker v. Northern San Diego County Hospital Dist. (1982) 135 Cal.App.3d 896 [ 185 Cal.Rptr. 617 ], the plaintiff was able to rebut the presumption that she was an “at-will” employee. | 1 | 1984–1984 |
De Luz Homes, Inc. v. County of San Diego
green
1 sentence1977In De Luz Homes, Inc. v. County of San Diego, supra, 45 Cal.2d 546, 564 , the court reinterpreted the ‘something-equivalent-to-fraud’ standard as allowing judicial review for ‘arbitrariness, abuse of discretion, or failure to follow the standards prescribed by the Legislature,’ and this standard now appears to have replaced the less specific constructive fraud standard of the Mahoney era. [Citations.]” (16 Cal.3d at pp. 21-23, fn. omitted.) In the light of the foregoing analysis we find that the precedents relied upon by the taxpayers are controlling. | 1 | 1977–1977 |
In Re Williamson
green
1 sentence1975(In re Williamson, supra, 43 Cal.2d at p. 654 ; People v. Gilbert (1969) 1 Cal.3d 475, 479 [ 82 Cal.Rptr. 724 , 462 P.2d 580 ].) It is immediately apparent that analysis of sections 447a and 548 in the light of the foregoing principle yields an internally contradictory result. | 1 | 1975–1975 |
Lockheed Aircraft Corp. v. Superior Court
green
2 sentences1969(Lockheed Aircraft Corp. v. Superior Court (1946) supra, 28 Cal.2d 481, 484 .) Accordingly, in the absence of a specific ruling on the issue by the United States Supreme Court, we adhere to the pre-Gault view of our courts that the established standard is valid and “No constitutional rights of the appellant have been infringed by the use of the preponderance of evidence test to determine the truth of the allegation that he had committed a crime.” (In re Johnson (1964) supra, 227 Cal.App.2d 37, 40 .) On appeal, of course, the issue is of narrower scope. 1969(Lockheed Aircraft Corp. v. Superior Court (1946) supra, 28 Cal.2d 481, 484 .) Accordingly, in the absence of a specific ruling on the issue by the United States Supreme Court, we adhere to the pre-Gault view of our courts that the established standard is valid and "No constitutional rights of the appellant have been infringed by the use of the preponderance of evidence test to determine the truth of the allegation that he had committed a crime." (In re Johnson (1964) supra, 227 Cal.App.2d 37, 40 .) [5] On appeal, of course, the issue is of narrower scope. | 1 | 1969–1969 |
People v. Johnson
green
2 sentences1969(Lockheed Aircraft Corp. v. Superior Court (1946) supra, 28 Cal.2d 481, 484 .) Accordingly, in the absence of a specific ruling on the issue by the United States Supreme Court, we adhere to the pre-Gault view of our courts that the established standard is valid and “No constitutional rights of the appellant have been infringed by the use of the preponderance of evidence test to determine the truth of the allegation that he had committed a crime.” (In re Johnson (1964) supra, 227 Cal.App.2d 37, 40 .) On appeal, of course, the issue is of narrower scope. 1969(Lockheed Aircraft Corp. v. Superior Court (1946) supra, 28 Cal.2d 481, 484 .) Accordingly, in the absence of a specific ruling on the issue by the United States Supreme Court, we adhere to the pre-Gault view of our courts that the established standard is valid and "No constitutional rights of the appellant have been infringed by the use of the preponderance of evidence test to determine the truth of the allegation that he had committed a crime." (In re Johnson (1964) supra, 227 Cal.App.2d 37, 40 .) [5] On appeal, of course, the issue is of narrower scope. | 1 | 1969–1969 |
Coleman v. Stewart
green
1 sentence1967(County of Placer v. Aetna Cas. etc. Co., 50 Cal.2d 182, 188-189 [ 323 P.2d 753 ] ; City of National City v. Fritz, 33 Cal.2d 635, 637 [ 204 P.2d 7 ]; Ebert v. State of California, 33 Cal.2d 502, 509 [ 202 P.2d 1022 ].) In the instant case, moreover, since sections 16451 and 16454 were, prior to 1959, both part of former section 415, the rule of statutory construction that all parts of a statute should be read together and construed to achieve harmony between the parts is also applicable. | 1 | 1967–1967 |
Rieger v. Rich
green
2 sentences1959(Estate of Bristol, 23 Cal.2d 221 [ 143 P.2d 689 ]; Estate of Teel, 25 Cal.2d 520 [ 154 P.2d 384 ]; Rieger v. Rich, 163 Cal.App.2d 651 [ 329 P.2d 770 ].) When viewed in the light of the foregoing rule there can be no doubt that the findings under attack are adequately supported by the record. 1959(Estate of Bristol, 23 Cal.2d 221 [ 143 P.2d 689 ]; Estate of Teel, 25 Cal.2d 520 [ 154 P.2d 384 ]; Rieger v. Rich, 163 Cal.App.2d 651 [ 329 P.2d 770 ].) When viewed in the light of the foregoing rule there can be no doubt that the findings under attack are adequately supported by the record. | 1 | 1959–1959 |
Estate of Bristol v. Young
green
2 sentences1959(Estate of Bristol, 23 Cal.2d 221 [ 143 P.2d 689 ]; Estate of Teel, 25 Cal.2d 520 [ 154 P.2d 384 ]; Rieger v. Rich, 163 Cal.App.2d 651 [ 329 P.2d 770 ].) When viewed in the light of the foregoing rule there can be no doubt that the findings under attack are adequately supported by the record. 1959(Estate of Bristol, 23 Cal.2d 221 [ 143 P.2d 689 ]; Estate of Teel, 25 Cal.2d 520 [ 154 P.2d 384 ]; Rieger v. Rich, 163 Cal.App.2d 651 [ 329 P.2d 770 ].) When viewed in the light of the foregoing rule there can be no doubt that the findings under attack are adequately supported by the record. | 1 | 1959–1959 |
Teel v. Gaskill
green
2 sentences1959(Estate of Bristol, 23 Cal.2d 221 [ 143 P.2d 689 ]; Estate of Teel, 25 Cal.2d 520 [ 154 P.2d 384 ]; Rieger v. Rich, 163 Cal.App.2d 651 [ 329 P.2d 770 ].) When viewed in the light of the foregoing rule there can be no doubt that the findings under attack are adequately supported by the record. 1959(Estate of Bristol, 23 Cal.2d 221 [ 143 P.2d 689 ]; Estate of Teel, 25 Cal.2d 520 [ 154 P.2d 384 ]; Rieger v. Rich, 163 Cal.App.2d 651 [ 329 P.2d 770 ].) When viewed in the light of the foregoing rule there can be no doubt that the findings under attack are adequately supported by the record. | 1 | 1959–1959 |
Mairo v. Yellow Cab Co. of California
green
2 sentences1939(Mairo v. Yellow Cab Co., 208 Cal. 350 [ 281 Pac. 66 ].) Considering the evidence in the light of the foregoing rule, it appears that on December 6, 1937, at about 6 o'clock in the evening Mr. Bate was driving a heavy sedan in a northerly direction on the north bound street ear track on Virgil Avenue in the city of Los Angeles at a speed of from 15 to 20 miles per hour. 1939(Mairo v. Yellow Cab Co., 208 Cal. 350 [ 281 Pac. 66 ].) Considering the evidence in the light of the foregoing rule, it appears that on December 6, 1937, at about 6 o'clock in the evening Mr. Bate was driving a heavy sedan in a northerly direction on the north bound street ear track on Virgil Avenue in the city of Los Angeles at a speed of from 15 to 20 miles per hour. | 1 | 1939–1939 |
Snowball v. Snowball
green
2 sentences1924(Estate of Russell, 189 Cal. 759, 763 [ 210 Pac. 249 ].) As to the power of the appellate courts in the premises it was said in Estate of Snowball, 157 Cal. 301 [ 107 Pac. 598 ], in will contests the rule is the same as in other proceedings, that all questions of the weight of the evidence and the credibility of the witnesses are for the trial court, and if there be any substantial evidence to support the finding it cannot be set aside by the reviewing court, although said court might believe the great preponderance of the evidence was the other way. 1924(Estate of Russell, 189 Cal. 759, 763 [ 210 Pac. 249 ].) As to the power of the appellate courts in the premises it was said in Estate of Snowball, 157 Cal. 301 [ 107 Pac. 598 ], in will contests the rule is the same as in other proceedings, that all questions of the weight of the evidence and the credibility of the witnesses are for the trial court, and if there be any substantial evidence to support the finding it cannot be set aside by the reviewing court, although said court might believe the great preponderance of the evidence was the other way. | 1 | 1924–1924 |
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.