extent plaintiffs claim (California) · Go Syfert
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extent plaintiffs claim in California

10 California opinions name it 2 courts 2013–2025 2 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 (3)

CaseFollowedCited
Spiritual Psychic Science Church of Truth, Inc. v. City of Azusagreen
cal · 1985 · cited in 2 California opinions naming this issue, 2019–2019
2 sentences

2019(See Spiritual, supra , 39 Cal.3d at p. 508 , 217 Cal.Rptr. 225 , 703 P.2d 1119 ["The essence of the issue whether an activity falls within the constitutional protection of 'speech' is whether the 'speaker,' by engaging in the activity, is communicating information of any sort"], disapproved of on other grounds in Kasky v. Nike, Inc. (2002) 27 Cal.4th 939 , 968, 119 Cal.Rptr.2d 296 , 45 P.3d 243 ; Spence v. Washington (1974) 418 U.S. 405 , 410-411, 94 S.Ct. 2727 , 41 L.Ed.2d 842 [under federal Constitution, test for determining whether conduct is protected expression asks whether person intend

2019(See Spiritual, supra , 39 Cal.3d at p. 508 , 217 Cal.Rptr. 225 , 703 P.2d 1119 ["The essence of the issue whether an activity falls within the constitutional protection of 'speech' is whether the 'speaker,' by engaging in the activity, is communicating information of any sort"], disapproved of on other grounds in Kasky v. Nike, Inc. (2002) 27 Cal.4th 939 , 968, 119 Cal.Rptr.2d 296 , 45 P.3d 243 ; Spence v. Washington (1974) 418 U.S. 405 , 410-411, 94 S.Ct. 2727 , 41 L.Ed.2d 842 [under federal Constitution, test for determining whether conduct is protected expression asks whether person intend

12
Spence v. Washingtongreen
scotus · 1974 · cited in 2 California opinions naming this issue, 2019–2019
2 sentences

2019(See Spiritual, supra , 39 Cal.3d at p. 508 , 217 Cal.Rptr. 225 , 703 P.2d 1119 ["The essence of the issue whether an activity falls within the constitutional protection of 'speech' is whether the 'speaker,' by engaging in the activity, is communicating information of any sort"], disapproved of on other grounds in Kasky v. Nike, Inc. (2002) 27 Cal.4th 939 , 968, 119 Cal.Rptr.2d 296 , 45 P.3d 243 ; Spence v. Washington (1974) 418 U.S. 405 , 410-411, 94 S.Ct. 2727 , 41 L.Ed.2d 842 [under federal Constitution, test for determining whether conduct is protected expression asks whether person intend

2019(See Spiritual, supra , 39 Cal.3d at p. 508 , 217 Cal.Rptr. 225 , 703 P.2d 1119 ["The essence of the issue whether an activity falls within the constitutional protection of 'speech' is whether the 'speaker,' by engaging in the activity, is communicating information of any sort"], disapproved of on other grounds in Kasky v. Nike, Inc. (2002) 27 Cal.4th 939 , 968, 119 Cal.Rptr.2d 296 , 45 P.3d 243 ; Spence v. Washington (1974) 418 U.S. 405 , 410-411, 94 S.Ct. 2727 , 41 L.Ed.2d 842 [under federal Constitution, test for determining whether conduct is protected expression asks whether person intend

12
Lueras v. BAC Home Loans Servicing, LPgreen
calctapp · 2013 · cited in 1 California opinions naming this issue, 2016–2016
1 sentence

2016“Time and effort spent assembling materials for an application to modify a loan is the sort of nominal damage subject to the maxim de minimus non curat lex — i.e., the law does not concern itself with trifles.” (Lueras v. BAC Home Loans Servicing, LP (2013) 221 Cal.App.4th 49, 79 (Lueras).) To the extent plaintiffs claim their particular efforts were not de minimus because of the eight-year period during which they continually asked for modifications, Bank of America’s evidentiary showing effectively demonstrated plaintiffs’ extended efforts could not be in reasonable reliance on any of the al

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 (6)

CaseCitedYears
Kasky v. Nike, Inc. green
cal · 2003
2 sentences

2019(See Spiritual, supra , 39 Cal.3d at p. 508 , 217 Cal.Rptr. 225 , 703 P.2d 1119 ["The essence of the issue whether an activity falls within the constitutional protection of 'speech' is whether the 'speaker,' by engaging in the activity, is communicating information of any sort"], disapproved of on other grounds in Kasky v. Nike, Inc. (2002) 27 Cal.4th 939 , 968, 119 Cal.Rptr.2d 296 , 45 P.3d 243 ; Spence v. Washington (1974) 418 U.S. 405 , 410-411, 94 S.Ct. 2727 , 41 L.Ed.2d 842 [under federal Constitution, test for determining whether conduct is protected expression asks whether person intend

2019(See Spiritual, supra , 39 Cal.3d at p. 508 , 217 Cal.Rptr. 225 , 703 P.2d 1119 ["The essence of the issue whether an activity falls within the constitutional protection of 'speech' is whether the 'speaker,' by engaging in the activity, is communicating information of any sort"], disapproved of on other grounds in Kasky v. Nike, Inc. (2002) 27 Cal.4th 939 , 968, 119 Cal.Rptr.2d 296 , 45 P.3d 243 ; Spence v. Washington (1974) 418 U.S. 405 , 410-411, 94 S.Ct. 2727 , 41 L.Ed.2d 842 [under federal Constitution, test for determining whether conduct is protected expression asks whether person intend

22019–2019
Kowis v. Howard green
cal · 1992
2 sentences

2014(See Kowis v. Howard (1992) 3 *133 Cal.4th 888, 892-893 [ 12 Cal.Rptr.2d 728 , 838 P.2d 250 ].) In CashCall II, we rejected plaintiffs’ arguments (made in their appellate reply brief) that the objective test does not require an examination of the surrounding facts.

2014(See Kowis v. Howard (1992) 3 *133 Cal.4th 888, 892-893 [ 12 Cal.Rptr.2d 728 , 838 P.2d 250 ].) In CashCall II, we rejected plaintiffs’ arguments (made in their appellate reply brief) that the objective test does not require an examination of the surrounding facts.

22014–2014
County of Santa Clara v. Atlantic Richfield Co. green
calctapp · 2006
2 sentences

2013(County of Santa Clara, supra, 137 Cal.App.4th at p. 312 .) The merits of plaintiffs’ challenge to the February 9, 2011 order sustaining the demurrers to all causes of action in the amended complaint may also be considered on appeal, since that order also constitutes an intermediate ruling that necessarily affects the judgment.

2013(County of Santa Clara, supra, 137 Cal.App.4th at p. 312 .) 11 The merits of plaintiffs’ challenge to the February 9, 2011 order sustaining the demurrers to all causes of action in the amended complaint may also be considered on appeal, since that order also constitutes an intermediate ruling that necessarily affects the judgment.

22013–2013
Friends of the College of San Mateo Gardens v. San Mateo County Community College District green
cal · 2016
1 sentence

2025(Friends of College of San Mateo Gardens v. San Mateo Community College Dist., supra, 1 Cal.5th at p. 949 .) Thus, even if we determined the trial court erred in finding the plaintiffs waived their claim that the adoption of Alternative 3a constitutes new information or changed circumstances requiring further environmental analysis, we would find against the plaintiffs on the merits. 22 stated that he “inadvertently omitted” “major sections” from the plaintiffs’ opening brief.11 The trial court denied the motion on the basis that plaintiffs failed to demonstrate diligence in seeking relief and

12025–2025
San Diego Cnty. Health & Human Servs. Agency v. K.C. (In re A.C.) green
calctapp5d · 2017
2 sentences

2024(See Lee, supra, 41 Cal.App.5th at p. 721; In re A.C., supra, 13 Cal.App.5th at p. 672 .) Additionally, the trial court carefully examined the costs sought by the insurance defendants, and it did not award the full amount requested, declining to award costs that were unsubstantiated or duplicative.

2024(See Lee, supra, 41 Cal.App.5th at p. 721; In re A.C., supra, 13 Cal.App.5th at p. 672 .) Additionally, the trial court carefully examined the costs sought by the insurance defendants, and it did not award the full amount requested, declining to award costs that were unsubstantiated or duplicative.

12024–2024
Troyk v. Farmers Group, Inc. green
calctapp · 2009
2 sentences

2016As noted in Troyk v. Farmers Group, Inc. (2009) 171 Cal.App.4th 1305 [ 90 Cal.Rptr.3d 589 ]: “Whereas a federal plaintiff’s ‘injury in fact’ may be intangible and need not involve lost money or property.

2016As noted in Troyk v. Farmers Group, Inc. (2009) 171 Cal.App.4th 1305 [ 90 Cal.Rptr.3d 589 ]: “Whereas a federal plaintiff’s ‘injury in fact’ may be intangible and need not involve lost money or property.

12016–2016

Where else courts name it

CA 10 (2013–2025) NY 6 (1991–2022) MI 2 (2016–2016) IA 2 (1997–2025) CO 2 (2025–2025)

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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