efforts challenge (California) · Go Syfert
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efforts challenge in California

10 California opinions name it 2 courts 1968–2022 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 (9)

CaseFollowedCited
People v. Franklingreen
calctapp · 1976 · cited in 1 California opinions naming this issue, 2014–2014
1 sentence

2014I trust I have not done that. [¶] If anything I have done or said has seemed to so indicate, you will disregard it and you must reach your own conclusions on your own.” (See CALJIC No. 17.30; People v. Franklin (1976) 56 Cal.App.3d 18, 24 [cautionary instruction of CALJIC No. 17.30 sufficiently protects defendant “from any prejudice that may have remotely occurred” as a result of court’s improper conduct].) 11 specific testimony helpful to the prosecution, while repeatedly and independently balking [blocking?] the efforts of defense counsel to elicit testimony helpful or exculpatory to the def

11
cluster 496704green
ca1 · 1987 · cited in 1 California opinions naming this issue, 2012–2012
1 sentence

2012(Gilmore, supra, at p. 320 [whether the defendant exercised best efforts under the circumstances was a factual question to be decided by the trier of fact]; accord, Triple-A Baseball Club v. Northeastern Baseball (1st Cir. 1987) 832 F.2d 214 , 225 [best efforts “cannot be defined in terms of a fixed formula . . . [but] varies with the facts and the field of law involved”]; Bloor v. Falstaff Brewing Corp. (S.D.N.Y. 1978) 454 F.Supp. 258, 266 , affd. (2d Cir. 1979) 601 F.2d 609 .) Additionally, a best efforts clause must be reconciled with other clauses in the contract to the extent possible.

11
Cesar v. v. Superior Courtgreen
calctapp · 2001 · cited in 1 California opinions naming this issue, 2010–2010
2 sentences

2010The courts ruled the denial orders did not prejudice the parents' right or interest to reunify. ( Daniel D ., at p. 1835; Vanessa Z , at p. 261.) Following this same assumption, the appellate court in Cesar V. v. Superior Court (2001) 91 Cal.App.4th 1023, 1035 [ 111 Cal.Rptr.2d 243 ] ( Cesar V. ), held a parent lacked appellate standing to challenge a court's ruling on a relative placement issue.

2010The courts ruled the denial orders did not prejudice the parents' right or interest to reunify. ( Daniel D ., at p. 1835; Vanessa Z , at p. 261.) Following this same assumption, the appellate court in Cesar V. v. Superior Court (2001) 91 Cal.App.4th 1023, 1035 [ 111 Cal.Rptr.2d 243 ] ( Cesar V. ), held a parent lacked appellate standing to challenge a court's ruling on a relative placement issue.

11
In Re Daniel D.green
calctapp · 1994 · cited in 1 California opinions naming this issue, 2010–2010
2 sentences

2010(See In re Daniel D. (1994) 24 Cal.App.4th 1823, 1835 [ 30 Cal.Rptr.2d 245 ]; In re Vanessa Z. (1994) 23 Cal.App.4th 258, 261 [ 28 Cal.Rptr.2d 313 ].) In these cases, appellate courts rejected the parents' efforts to challenge orders denying relatives de facto parent status when reunification was no longer the *125 goal of the dependency proceedings.

2010(See In re Daniel D. (1994) 24 Cal.App.4th 1823, 1835 [ 30 Cal.Rptr.2d 245 ]; In re Vanessa Z. (1994) 23 Cal.App.4th 258, 261 [ 28 Cal.Rptr.2d 313 ].) In these cases, appellate courts rejected the parents' efforts to challenge orders denying relatives de facto parent status when reunification was no longer the *125 goal of the dependency proceedings.

11
In Re Vanessa Z.green
calctapp · 1994 · cited in 1 California opinions naming this issue, 2010–2010
2 sentences

2010(See In re Daniel D. (1994) 24 Cal.App.4th 1823, 1835 [ 30 Cal.Rptr.2d 245 ]; In re Vanessa Z. (1994) 23 Cal.App.4th 258, 261 [ 28 Cal.Rptr.2d 313 ].) In these cases, appellate courts rejected the parents' efforts to challenge orders denying relatives de facto parent status when reunification was no longer the *125 goal of the dependency proceedings.

2010(See In re Daniel D. (1994) 24 Cal.App.4th 1823, 1835 [ 30 Cal.Rptr.2d 245 ]; In re Vanessa Z. (1994) 23 Cal.App.4th 258, 261 [ 28 Cal.Rptr.2d 313 ].) In these cases, appellate courts rejected the parents' efforts to challenge orders denying relatives de facto parent status when reunification was no longer the *125 goal of the dependency proceedings.

11
People v. Seatongreen
cal · 2001 · cited in 1 California opinions naming this issue, 2009–2009
2 sentences

2009Defendant acknowledges that this court long ago recognized that the circumstance that a court “had prepared a written statement of reasons in advance of the hearing” on the automatic motion to modify the verdict “does not mean that the court’s views as expressed in the writing were other than tentative or that the argument was a pointless ritual,” because “[t]o do so does not mean that the court is unalterably bound by the writing or that it will not amend or even discard the writing if counsel’s arguments persuade the court that its tentative views were incorrect.” (People v. Hayes (1990) 52

2009Defendant acknowledges that this court long ago recognized that the circumstance that a court “had prepared a written statement of reasons in advance of the hearing” on the automatic motion to modify the verdict “does not mean that the court’s views as expressed in the writing were other than tentative or that the argument was a pointless ritual,” because “[t]o do so does not mean that the court is unalterably bound by the writing or that it will not amend or even discard the writing if counsel’s arguments persuade the court that its tentative views were incorrect.” (People v. Hayes (1990) 52

11
People v. Hayesgreen
cal · 1990 · cited in 1 California opinions naming this issue, 2009–2009
2 sentences

2009Defendant acknowledges that this court long ago recognized that the circumstance that a court “had prepared a written statement of reasons in advance of the hearing” on the automatic motion to modify the verdict “does not mean that the court’s views as expressed in the writing were other than tentative or that the argument was a pointless ritual,” because “[t]o do so does not mean that the court is unalterably bound by the writing or that it will not amend or even discard the writing if counsel’s arguments persuade the court that its tentative views were incorrect.” (People v. Hayes (1990) 52

2009Defendant acknowledges that this court long ago recognized that the circumstance that a court “had prepared a written statement of reasons in advance of the hearing” on the automatic motion to modify the verdict “does not mean that the court’s views as expressed in the writing were other than tentative or that the argument was a pointless ritual,” because “[t]o do so does not mean that the court is unalterably bound by the writing or that it will not amend or even discard the writing if counsel’s arguments persuade the court that its tentative views were incorrect.” (People v. Hayes (1990) 52

11
San Remo Hotel L.P. v. City & County of San Franciscogreen
cal · 2002 · cited in 1 California opinions naming this issue, 2002–2002
2 sentences

2002No. 81-54 (Sept. 14, 1981) pp. 7-8; see maj. opn, ante, 117 Cal.Rptr.2d at p. 282 , 41 P.3d at p. 98 .) The city attorney's opinion letter, together with the City's concessions, undercut the City's efforts here to claim that the HCO was a critical component of the determination whether tourist use lawfully existed as a permitted conditional use under the City Planning Code.

2002No. 81-54 (Sept. 14, 1981) pp. 7-8; see maj. opn, ante, 117 Cal.Rptr.2d at p. 282 , 41 P.3d at p. 98 .) The city attorney's opinion letter, together with the City's concessions, undercut the City's efforts here to claim that the HCO was a critical component of the determination whether tourist use lawfully existed as a permitted conditional use under the City Planning Code.

11
Collins v. Home Savings & Loan Assn.green
calctapp · 1962 · cited in 1 California opinions naming this issue, 1968–1968
2 sentences

1968The court held that where such extrinsic evidence is in conflict, any reasonable construction by the trial court will be sustained, citing Collins v. Home Sav. & Loan Assn., 205 Cal.App.2d 86, 101 [ 22 Cal.Rptr. 817 ]. 3 It is worthy oí note that during the period Derman’s “Beat The Odds” program was being telecast weekly by KTLA, but the contract was terminated by plaintiff within a week after it was informed that Derman denied liability under the February 1, 1962, agreement.

1968The court held that where such extrinsic evidence is in conflict, any reasonable construction by the trial court will be sustained, citing Collins v. Home Sav. & Loan Assn., 205 Cal.App.2d 86, 101 [ 22 Cal.Rptr. 817 ]. 3 It is worthy oí note that during the period Derman’s “Beat The Odds” program was being telecast weekly by KTLA, but the contract was terminated by plaintiff within a week after it was informed that Derman denied liability under the February 1, 1962, agreement.

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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 (10)

CaseCitedYears
Parker v. Employers Mutual Liability Insurance Co. of Wisconsin green
tex · 1969
1 sentence

2022Co. (Tex. 1969) 440 S.W.2d 43, 49 ].) The same does not apply to a defendant’s efforts to challenge or undermine the plaintiff’s prima facie case.

12022–2022
K.C. v. Superior Court green
calctapp · 2010
1 sentence

2015(R.T. v. Superior Court (2012) 202 Cal.App.4th 908, 914 , citing K.C. v. Superior Court (2010) 182 Cal.App.4th 1388, 1393 .) Rather, the court should consider various factors including the duration, extent, context of the parent’s efforts and factors relating to the quality and quantity of those efforts.

12015–2015
R.T. v. Superior Court green
calctapp · 2012
1 sentence

2015(R.T. v. Superior Court (2012) 202 Cal.App.4th 908, 914 , citing K.C. v. Superior Court (2010) 182 Cal.App.4th 1388, 1393 .) Rather, the court should consider various factors including the duration, extent, context of the parent’s efforts and factors relating to the quality and quantity of those efforts.

12015–2015
California Pines Property Owners Ass'n v. Pedotti green
calctapp · 2012
1 sentence

2014(California Pines Property Owners Assn. v. Pedotti (2012) 206 Cal.App.4th 384, 395 .) Here, the jury heard testimony that CAC scores of anywhere from 96 to 100 percent of intended recipients provided a baseline standard of performance in the industry, and that Pacific Bell itself used 96 percent as the “minimum delivery requirement” for its vendors.

12014–2014
People v. Anderson green
cal · 1990
1 sentence

2014I trust I have not done that. [¶] If anything I have done or said has seemed to so indicate, you will disregard it and you must reach your own conclusions on your own.” (See CALJIC No. 17.30; People v. Franklin (1976) 56 Cal.App.3d 18, 24 [cautionary instruction of CALJIC No. 17.30 sufficiently protects defendant “from any prejudice that may have remotely occurred” as a result of court’s improper conduct].) 11 specific testimony helpful to the prosecution, while repeatedly and independently balking [blocking?] the efforts of defense counsel to elicit testimony helpful or exculpatory to the def

12014–2014
Bloor v. Falstaff Brewing Corp. green
nysd · 1978
1 sentence

2012(Gilmore, supra, at p. 320 [whether the defendant exercised best efforts under the circumstances was a factual question to be decided by the trier of fact]; accord, Triple-A Baseball Club v. Northeastern Baseball (1st Cir. 1987) 832 F.2d 214 , 225 [best efforts “cannot be defined in terms of a fixed formula . . . [but] varies with the facts and the field of law involved”]; Bloor v. Falstaff Brewing Corp. (S.D.N.Y. 1978) 454 F.Supp. 258, 266 , affd. (2d Cir. 1979) 601 F.2d 609 .) Additionally, a best efforts clause must be reconciled with other clauses in the contract to the extent possible.

12012–2012
Olympia Hotels Corporation v. Johnson Wax Development Corporation green
ca7 · 1990
1 sentence

2012(Olympia Hotels Corp. v. Johnson Wax Development Corp. (7th Cir. 1990) 908 F.2d 1363, 1374 ; O’Hearn v. Bodyonics, Ltd.

12012–2012
James Bloor, as Reorganization Trustee of Balco Properties Corporation, and Cross-Appellant v. Falstaff Brewing Corporation, and Cross-Appellee green
ca2 · 1979
1 sentence

2012(Gilmore, supra, at p. 320 [whether the defendant exercised best efforts under the circumstances was a factual question to be decided by the trier of fact]; accord, Triple-A Baseball Club v. Northeastern Baseball (1st Cir. 1987) 832 F.2d 214 , 225 [best efforts “cannot be defined in terms of a fixed formula . . . [but] varies with the facts and the field of law involved”]; Bloor v. Falstaff Brewing Corp. (S.D.N.Y. 1978) 454 F.Supp. 258, 266 , affd. (2d Cir. 1979) 601 F.2d 609 .) Additionally, a best efforts clause must be reconciled with other clauses in the contract to the extent possible.

12012–2012
Curl v. Superior Court green
cal · 1990
2 sentences

1991Code, § 115.) Recognizing that "law" is defined in section 160 of the Evidence Code as including "decisional law," I nevertheless hold to the view that express statutory provisions prevail over decisional dicta which is unattended by any supporting analysis (such as our Supreme Court's references to the applicability of the C/C standard in section 1018 hearings — see part II.B., ante ), especially when the application of that dicta bears on an individual's constitutional right to the due process of law. (2) Second, a recent opinion by our Supreme Court suggests that the POE standard is the app

1991Code, § 115.) Recognizing that "law" is defined in section 160 of the Evidence Code as including "decisional law," I nevertheless hold to the view that express statutory provisions prevail over decisional dicta which is unattended by any supporting analysis (such as our Supreme Court's references to the applicability of the C/C standard in section 1018 hearings — see part II.B., ante ), especially when the application of that dicta bears on an individual's constitutional right to the due process of law. (2) Second, a recent opinion by our Supreme Court suggests that the POE standard is the app

11991–1991
Alperson v. Mirisch Co. green
calctapp · 1967
2 sentences

1968Sincerely, /s/ Harry P. Warner Harry P. Warner HPW: ds Agreed to and Accepted: Bill Derman Productions /s/ Bill Derman Bill: Paragraph 6 is a best efforts clause because NBC may require as part of a network deal, that the show be taped there. ’ ’ 2 Alperson v. Mirisch Co. (1967) 250 Cal.App.2d 84 [ 58 Cal.Rptr. 178 ], Hrg. den. by Sup. Ct. is a recent case in which the court admitted parol evidence to establish a trade usage in the motion picture industry, even though the words in their ordinary or legal meaning were entirely unambiguous.

1968Sincerely, /s/ Harry P. Warner Harry P. Warner HPW: ds Agreed to and Accepted: Bill Derman Productions /s/ Bill Derman Bill: Paragraph 6 is a best efforts clause because NBC may require as part of a network deal, that the show be taped there. ’ ’ 2 Alperson v. Mirisch Co. (1967) 250 Cal.App.2d 84 [ 58 Cal.Rptr. 178 ], Hrg. den. by Sup. Ct. is a recent case in which the court admitted parol evidence to establish a trade usage in the motion picture industry, even though the words in their ordinary or legal meaning were entirely unambiguous.

11968–1968

Where else courts name it

CA 10 (1968–2022) TX 8 (1929–2022) MD 7 (1986–2013) IL 7 (1965–2021) DE 6 (2009–2026) NY 4 (1988–2026) CO 4 (1957–2009) IN 3 (1982–2006) NJ 3 (1999–2011) OH 3 (2000–2024) AK 3 (1994–2023) NC 2 (1989–2005) FL 2 (1997–2015) MT 2 (2009–2009) MA 2 (1981–1986)

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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