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10 California opinions name it 2 courts 1961–2022 3 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 |
|---|---|---|
Waller v. TJD, INC.green2 sentences2004Finally, we do not address the issue of harmless error in the context of an appeal from a final judgment when the defendant seeks to challenge the pretrial denial of a special motion to strike. (§ 906; see Waller v. TJD, Inc. (1993) 12 Cal.App.4th 830 , 833 [ 16 Cal.Rptr.2d 38 ] [pretrial summary judgment denial subject to Cal. Const., art. 2004Finally, we do not address the issue of harmless error in the context of an appeal from a final judgment when the defendant seeks to challenge the pretrial denial of a special motion to strike. (§ 906; see Waller v. TJD, Inc. (1993) 12 Cal.App.4th 830 , 833 [ 16 Cal.Rptr.2d 38 ] [pretrial summary judgment denial subject to Cal. Const., art. | 2 | 2 |
People v. Alexandergreen1 sentence2021Except as provided in Sections 1237.1, 1237.2, and 1237.5, from a final judgment of conviction”]; see also People v. Jenkins (2019) 40 Cal.App.5th 30 , 37 (review granted, dism. and remanded); People v. Hall 3 (2019) 39 Cal.App.5th 502, 504-505 [dismissing appeal]; People v. Alexander (2016) 6 Cal.App.5th 798, 800-801 [dismissing appeal].) In People v. Hall, supra, 39 Cal.App.5th 502 , the Court of Appeal observed section 1237.2 “broadly applies to an error in the imposition or calculation of fees. | 1 | 1 |
People v. Hallgreen2 sentences2021Except as provided in Sections 1237.1, 1237.2, and 1237.5, from a final judgment of conviction”]; see also People v. Jenkins (2019) 40 Cal.App.5th 30 , 37 (review granted, dism. and remanded); People v. Hall 3 (2019) 39 Cal.App.5th 502, 504-505 [dismissing appeal]; People v. Alexander (2016) 6 Cal.App.5th 798, 800-801 [dismissing appeal].) In People v. Hall, supra, 39 Cal.App.5th 502 , the Court of Appeal observed section 1237.2 “broadly applies to an error in the imposition or calculation of fees. 2021Except as provided in Sections 1237.1, 1237.2, and 1237.5, from a final judgment of conviction”]; see also People v. Jenkins (2019) 40 Cal.App.5th 30 , 37 (review granted, dism. and remanded); People v. Hall 3 (2019) 39 Cal.App.5th 502, 504-505 [dismissing appeal]; People v. Alexander (2016) 6 Cal.App.5th 798, 800-801 [dismissing appeal].) In People v. Hall, supra, 39 Cal.App.5th 502 , the Court of Appeal observed section 1237.2 “broadly applies to an error in the imposition or calculation of fees. | 1 | 1 |
Matter of Lipman (Haeuser Shellac Co.)green2 sentences1961If so, the action will be stayed.” Tas-T-Nut Co. v. Continental Nut Co., 125 Cal.App.2d 351, 358 [ 270 P.2d 43 ]: “Where parties have agreed to arbitrate their differences it is the clear intent of the California arbitration statute that courts should enforce the performance of that agreement and when, notwithstanding the agreement, suit has been filed, the statute specially enjoins the court, if the defendant seeks to claim the right to arbitrate, to stay the court action until arbitration has been accomplished, affording in the meantime ample remedies to either party to compel the performanc 1961If so, the action will be stayed.” Tas-T-Nut Co. v. Continental Nut Co., 125 Cal.App.2d 351, 358 [ 270 P.2d 43 ]: “Where parties have agreed to arbitrate their differences it is the clear intent of the California arbitration statute that courts should enforce the performance of that agreement and when, notwithstanding the agreement, suit has been filed, the statute specially enjoins the court, if the defendant seeks to claim the right to arbitrate, to stay the court action until arbitration has been accomplished, affording in the meantime ample remedies to either party to compel the performanc | 1 | 1 |
Tas-T-Nut Co. v. Continental Nut Co.green2 sentences1961If so, the action will be stayed.” Tas-T-Nut Co. v. Continental Nut Co., 125 Cal.App.2d 351, 358 [ 270 P.2d 43 ]: “Where parties have agreed to arbitrate their differences it is the clear intent of the California arbitration statute that courts should enforce the performance of that agreement and when, notwithstanding the agreement, suit has been filed, the statute specially enjoins the court, if the defendant seeks to claim the right to arbitrate, to stay the court action until arbitration has been accomplished, affording in the meantime ample remedies to either party to compel the performanc 1961If so, the action will be stayed.” Tas-T-Nut Co. v. Continental Nut Co., 125 Cal.App.2d 351, 358 [ 270 P.2d 43 ]: “Where parties have agreed to arbitrate their differences it is the clear intent of the California arbitration statute that courts should enforce the performance of that agreement and when, notwithstanding the agreement, suit has been filed, the statute specially enjoins the court, if the defendant seeks to claim the right to arbitrate, to stay the court action until arbitration has been accomplished, affording in the meantime ample remedies to either party to compel the performanc | 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. Acosta
green
2 sentences2018Section 1237.2 and the legislative history behind it, mandate that a defendant timely raise his penalty assessment claims to conserve judicial resources and efficiently present claims in a single forum. ( Acosta , supra , 48 Cal.App.4th at p. 427 , 55 Cal.Rptr.2d 675 .) This means that defendant must either file a motion to correct sentence with the trial court when the sole issue he or she seeks to challenge is one proscribed in section 1237.2, or file an appellate brief including this issue when a defendant seeks to challenge issues in addition to the issues proscribed in section 1237.2. 2018Section 1237.2 and the legislative history behind it, mandate that a defendant timely raise his penalty assessment claims to conserve judicial resources and efficiently present claims in a single forum. ( Acosta , supra , 48 Cal.App.4th at p. 427 , 55 Cal.Rptr.2d 675 .) This means that defendant must either file a motion to correct sentence with the trial court when the sole issue he or she seeks to challenge is one proscribed in section 1237.2, or file an appellate brief including this issue when a defendant seeks to challenge issues in addition to the issues proscribed in section 1237.2. | 3 | 2018–2018 |
People v. Jordan
green
2 sentences2022(Jenkins, supra, 40 Cal.App.5th at pp. 37–39; Jordan, supra, 21 Cal.App.5th at pp. 1142–1143.) As the Court of Appeal explained in Jordan, “Section 1237.2 and the legislative history behind it, mandate that a defendant timely raise his penalty assessment claims to conserve judicial resources and efficiently present claims in a single forum. [Citation.] This means that a defendant must either file a motion to correct sentence with the trial court when the sole issue he or she seeks to challenge is one proscribed in section 1237.2, or file an appellate brief including this issue when a defendant 2022Pursuing an appeal, while also pursuing a motion to correct sentence, accomplishes the opposite goal the Legislature was trying to accomplish .…” ( Jordan, supra, 21 Cal.App.5th at pp. 1142–1143.) In this case, defendant’s notice of appeal and subsequent appellate brief raised issues beyond a challenge to imposition of the fines and fees. | 2 | 2021–2022 |
People v. Lara
green
2 sentences2016In Lara, supra, 86 Cal.App.4th 139 , this court reviewed a full Marsden hearing conducted by the trial court where the defendant sought to substitute his retained counsel before trial. 2016In Lara, supra, 86 Cal.App.4th 139 , this court reviewed a full Marsden hearing conducted by the trial court where the defendant sought to substitute his retained counsel before trial. | 1 | 2016–2016 |
People v. Ortiz
green
1 sentence2016(Ortiz, supra, 51 Cal.3d at p. 987 .) The trial court can then proceed to the appointment of substitute counsel pursuant to section 987.2. ( Ortiz, supra, at pp. 987, 989-990 .) In People v. Sanchez, supra, 53 Cal.4th at pages 87-91, the California Supreme Court found that where a defendant seeks to challenge the effectiveness of his or her appointed trial counsel and independent counsel must be appointed to investigate the claim, the attorney becomes the defendant’s representative for all purposes and all subsequent proceedings. | 1 | 2016–2016 |
People v. Sanchez
green
1 sentence2016(Ortiz, supra, 51 Cal.3d at p. 987 .) The trial court can then proceed to the appointment of substitute counsel pursuant to section 987.2. ( Ortiz, supra, at pp. 987, 989-990 .) In People v. Sanchez, supra, 53 Cal.4th at pages 87-91, the California Supreme Court found that where a defendant seeks to challenge the effectiveness of his or her appointed trial counsel and independent counsel must be appointed to investigate the claim, the attorney becomes the defendant’s representative for all purposes and all subsequent proceedings. | 1 | 2016–2016 |
Hudson, C. v. Allied Trades Council, A.F. of L.
green
2 sentences1961If so, the action will be stayed.” Tas-T-Nut Co. v. Continental Nut Co., 125 Cal.App.2d 351, 358 [ 270 P.2d 43 ]: “Where parties have agreed to arbitrate their differences it is the clear intent of the California arbitration statute that courts should enforce the performance of that agreement and when, notwithstanding the agreement, suit has been filed, the statute specially enjoins the court, if the defendant seeks to claim the right to arbitrate, to stay the court action until arbitration has been accomplished, affording in the meantime ample remedies to either party to compel the performanc 1961If so, the action will be stayed.” Tas-T-Nut Co. v. Continental Nut Co., 125 Cal.App.2d 351, 358 [ 270 P.2d 43 ]: “Where parties have agreed to arbitrate their differences it is the clear intent of the California arbitration statute that courts should enforce the performance of that agreement and when, notwithstanding the agreement, suit has been filed, the statute specially enjoins the court, if the defendant seeks to claim the right to arbitrate, to stay the court action until arbitration has been accomplished, affording in the meantime ample remedies to either party to compel the performanc | 1 | 1961–1961 |
In re the Arbitration between Brown-Turner, Inc. & Complete Machinery & Equipment Co.
neutral
2 sentences1961Co., 4 Misc.2d 786 [ 158 N.Y.S.2d 959, 961 ]; Arbitration of S. H. 1961Co., 4 Misc.2d 786 [ 158 N.Y.S.2d 959, 961 ]; Arbitration of S. H. | 1 | 1961–1961 |
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.