precisely inquiry (California) · Go Syfert
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precisely inquiry in California

11 California opinions name it 2 courts 1981–2025 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.

Followed or applied (4)

CaseFollowedCited
In Re IWgreen
calctapp · 2009 · cited in 1 California opinions naming this issue, 2025–2025
1 sentence

2025According to the report prepared by the Bureau in anticipation of the section 366.26 hearing, the caregivers with whom Children had been living for more than a year “are 4 “Conceivably, there could be some legal impediment to adoption by a prospective adoptive parent that, in turn, might preclude reliance on this parent's interest as a basis for an adoptability finding.” (In re I.W., supra, 180 Cal.App.4th at p. 1526.) But as we have already observed, this is precisely the claim Mother has forfeited. 3 willing and able to adopt the children.” The report describes the caregivers, “a married cou

11
Muzzy Ranch Co. v. Solano County Airport Land Use Commissiongreen
cal · 2007 · cited in 1 California opinions naming this issue, 2015–2015
1 sentence

2015(Muzzy Ranch Co. v. Solano County Airport Land Use Com. (2007) 41 Cal.4th 372, 387 (Muzzy Ranch) [under Guidelines, § 15061, subd. (b)(3), agency must determine whether the evidence in the administrative record shows no possibility the proposed activity may have a significant effect on the environment].) And appellants‘ test for determining whether the unusual circumstances exception applies —whether there is a ―reasonable possibility‖ the proposed project ―will have a significant effect on the environment‖ (Guidelines, § 15300.2, subd. (c)) — is precisely the test used to determine whether Gu

11
Rosebud Sioux Tribe v. Kneipgreen
scotus · 1977 · cited in 1 California opinions naming this issue, 1981–1981
2 sentences

1981(See Washington v. Yakima Indian Nation (1979) 439 U.S. 463, 478, fn. 22 [ 58 L.Ed.2d 740, 754 , 99 S.Ct. 740 ]; Washington v. Fishing Vessel Assn., supra, 443 U.S. at p. 690 [61 L.Ed.2d at p. 848].) The court will consider all relevant indicia of that intent: "[W]hether a congressional determination to terminate is `expressed on the face of the (relevant) Act(s) or [is] clear from the surrounding circumstances and legislative history.' [Citation omitted; brackets in original.]" ( Rosebud Sioux Tribe v. Kneip, supra, 430 U.S. 584, 588, fn. 4 [ 51 L.Ed.2d 660, 666 ]; see generally, Coggins & Mo

1981(See Washington v. Yakima Indian Nation (1979) 439 U.S. 463, 478, fn. 22 [ 58 L.Ed.2d 740, 754 , 99 S.Ct. 740 ]; Washington v. Fishing Vessel Assn., supra, 443 U.S. at p. 690 [61 L.Ed.2d at p. 848].) The court will consider all relevant indicia of that intent: "[W]hether a congressional determination to terminate is `expressed on the face of the (relevant) Act(s) or [is] clear from the surrounding circumstances and legislative history.' [Citation omitted; brackets in original.]" ( Rosebud Sioux Tribe v. Kneip, supra, 430 U.S. 584, 588, fn. 4 [ 51 L.Ed.2d 660, 666 ]; see generally, Coggins & Mo

11
Washington v. Confederated Bands & Tribes of the Yakima Indian Nationgreen
scotus · 1979 · cited in 1 California opinions naming this issue, 1981–1981
2 sentences

1981(See Washington v. Yakima Indian Nation (1979) 439 U.S. 463, 478, fn. 22 [ 58 L.Ed.2d 740, 754 , 99 S.Ct. 740 ]; Washington v. Fishing Vessel Assn., supra, 443 U.S. at p. 690 [61 L.Ed.2d at p. 848].) The court will consider all relevant indicia of that intent: "[W]hether a congressional determination to terminate is `expressed on the face of the (relevant) Act(s) or [is] clear from the surrounding circumstances and legislative history.' [Citation omitted; brackets in original.]" ( Rosebud Sioux Tribe v. Kneip, supra, 430 U.S. 584, 588, fn. 4 [ 51 L.Ed.2d 660, 666 ]; see generally, Coggins & Mo

1981(See Washington v. Yakima Indian Nation (1979) 439 U.S. 463, 478, fn. 22 [ 58 L.Ed.2d 740, 754 , 99 S.Ct. 740 ]; Washington v. Fishing Vessel Assn., supra, 443 U.S. at p. 690 [61 L.Ed.2d at p. 848].) The court will consider all relevant indicia of that intent: "[W]hether a congressional determination to terminate is `expressed on the face of the (relevant) Act(s) or [is] clear from the surrounding circumstances and legislative history.' [Citation omitted; brackets in original.]" ( Rosebud Sioux Tribe v. Kneip, supra, 430 U.S. 584, 588, fn. 4 [ 51 L.Ed.2d 660, 666 ]; see generally, Coggins & Mo

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 (8)

CaseCitedYears
Denham v. Superior Court green
cal · 1970
2 sentences

1981Moreover, as this court held in Denham v. Superior Court, supra, 2 Cal.3d at page 563 , section 583, subdivision (a) imposes "no requirement that the motion to dismiss `must' be granted unless opposed by an adequate showing of diligence or excuse for delay." Contrary to the implication in Justice Clark's assertion, this is precisely the requirement which today's decision imposes on trial courts hearing section 581a motions. [8] It is interesting to note that the briefs of petitioner and plaintiff assume opposite conclusions on the reasonable diligence issue without the benefit of a factual fin

1981Moreover, as this court held in Denham v. Superior Court, supra, 2 Cal.3d at page 563 , section 583 , subdivision (a) imposes "no requirement that the motion to dismiss `must' be granted unless opposed by an adequate showing of diligence or excuse for delay." Contrary to the implication in Justice Clark's assertion, this is precisely the requirement which today's decision imposes on trial courts hearing section 581a motions. 8 It is interesting to note that the briefs of petitioner and plaintiff assume opposite conclusions on the reasonable diligence issue without the benefit of a factual find

21981–1981
People v. Ewoldt green
cal · 1994
1 sentence

2015This is precisely the analysis required by Tran, supra, 51 Cal.4th 1040 and Ewoldt, supra, 7 Cal.4th 380 .

12015–2015
People v. Quang Minh Tran green
cal · 2011
2 sentences

2015This is precisely the analysis required by Tran, supra, 51 Cal.4th 1040 and Ewoldt, supra, 7 Cal.4th 380 .

2015This is precisely the analysis required by Tran, supra, 51 Cal.4th 1040 and Ewoldt, supra, 7 Cal.4th 380 .

12015–2015
Cislaw v. Southland Corp. green
calctapp · 1992
1 sentence

2013It is a question of fact as to whether, as the court considered in Cislaw , the franchisor retains “ ‘the right to control the means and manner in which the result is achieved’ ” and exercises “ ‘complete or substantial control over the franchisee.’ ” (Cislaw, supra, 4 Cal.App.4th at p. 1288 .) This is precisely the standard applied by the trial court.

12013–2013
Dawn D. v. Superior Court green
calctapp · 1998
1 sentence

2005(Dawn D., supra, 17 Cal.4th at p. 942 ; see id. at p. 948 (dis. opn. of Chin, J.).) Phillip cites several cases for the proposition that a biological father has a constitutional right to establish paternity where the mother’s marriage to the presumed father terminated shortly after the child was born.

12005–2005
City of Los Angeles v. Lewis green
cal · 1917
1 sentence

2004(City of Los Angeles v. Lewis, supra, 175 Cal. at p. 781 ; Farley v. Stirling, supra, 70 Cal.App. at pp. 527-530; see Community Memorial Hospital v. County of Ventura, supra, 50 Cal.App.4th at pp. 206-207.) This is precisely the principle we have applied in this case.

12004–2004
People v. Hagen green
cal · 1998
2 sentences

2003There must be some element of conscious decision-making, which is not present when one has simply forgotten. [8] This is precisely the analysis required by the California Supreme Court's decision in People v. Hagen (1998) 19 Cal.4th 652 , 80 Cal. Rptr.2d 24 , 967 P.2d 563 ( Hagen) , which the majority unsuccessfully struggles to distinguish.

2003There must be some element of conscious decision-making, which is not present when one has simply forgotten. [8] This is precisely the analysis required by the California Supreme Court's decision in People v. Hagen (1998) 19 Cal.4th 652 , 80 Cal. Rptr.2d 24 , 967 P.2d 563 ( Hagen) , which the majority unsuccessfully struggles to distinguish.

12003–2003
Rustom v. Atlantic Richfield Co. green
cacd · 1985
2 sentences

1990This is precisely the analysis done by Judge Tashima in Rustom v. Atlantic Richfield, supra, 618 F.Supp. 210 , the decision upon which we previously relied.

1990This is precisely the analysis done by Judge Tashima in Rustom v. Atlantic Richfield, supra, 618 F.Supp. 210 , the decision upon which we previously relied.

11990–1990

Where else courts name it

CA 11 (1981–2025) TX 6 (1943–2007) PA 6 (1894–2019) WA 5 (1987–2009) NY 3 (1836–2000) FL 3 (2008–2026) CT 3 (1923–2000) AK 2 (1985–1985) MI 2 (2014–2015) AL 2 (1987–1989) MN 2 (1979–2009) KY 2 (2016–2016) NC 2 (1896–1987) CO 2 (2003–2019)

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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