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10 California opinions name it 2 courts 1921–2025 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.
| Case | Followed | Cited |
|---|---|---|
Neil S. v. Mary L.green1 sentence2021“In civil cases, constitutional questions not raised in the trial court are considered waived.” (In re Marriage of S. (1985) 171 Cal.App.3d 738, 745 ; accord Neil S. v. Mary L. (2011) 199 Cal.App.4th 240, 254 [“ ‘ “Typically, 6 A. Preemption Carrie acknowledges she does not satisfy any of the specific criteria for determining whether a “substantial hardship” exists under former section 14009.5, subdivision (c)(1) and California Code of Regulations, title 22, section 50963. | 1 | 1 |
Acosta v. SI CORP.green2 sentences2015The costs are joint and several because the plaintiffs joined together (represented by the same attorney) in a single theory of liability against a defendant who prevailed.’ ” (Ibid.; accord, Acosta v. SI Corp. (2005) 129 Cal.App.4th 1370, 1376 [ 29 Cal.Rptr.3d 306 ].) In rejecting the Romans’ hardship claim as a ground for striking the cost bill, the trial court emphasized that no evidence had been presented that Ms. Roman was indigent or, in light of her recovery of more than $42,000 in a settlement of claims in this litigation against the company BRE had hired to handle customer calls, that 2015The costs are joint and several because the plaintiffs joined together (represented by the same attorney) in a single theory of liability against a defendant who prevailed.’ ” (Ibid.; accord, Acosta v. SI Corp. (2005) 129 Cal.App.4th 1370, 1376 [ 29 Cal.Rptr.3d 306 ].) In rejecting the Romans’ hardship claim as a ground for striking the cost bill, the trial court emphasized that no evidence had been presented that Ms. Roman was indigent or, in light of her recovery of more than $42,000 in a settlement of claims in this litigation against the company BRE had hired to handle customer calls, that | 1 | 1 |
Shewry v. BEGILgreen2 sentences2009(Shewry v. Begil (2005) 128 Cal.App.4th 639, 643-644 [ 27 Cal.Rptr.3d 209 ].) 12 Wooten also contends that the Department’s “noncompliance with Probate Code [section] 9100 caused a detriment to the estate” because it denied her the opportunity to file for a hardship waiver. 2009(Shewry v. Begil (2005) 128 Cal.App.4th 639, 643-644 [ 27 Cal.Rptr.3d 209 ].) 12 Wooten also contends that the Department’s “noncompliance with Probate Code [section] 9100 caused a detriment to the estate” because it denied her the opportunity to file for a hardship waiver. | 1 | 1 |
Mehdizadeh v. Mincergreen2 sentences2002(See Mehdizadeh v. Mincer (1996) 46 Cal.App.4th 1296, 1305-1307 [ 54 Cal.Rptr.2d 284 ], but see Hirshfield v. Schwartz (2001) 91 Cal.App.4th 749 [ 110 Cal.Rptr.2d 861 ] *1282 [holding that a court in equity, applying the hardship doctrine, may grant an easement that effectively denies the owner the use of his property].) Here, Bustillos’s claim for a network of trails crisscrossing the majority of the property would divest Murphy of essentially all rights to the property, rendering it unbuildable and unsaleable. 2002(See Mehdizadeh v. Mincer (1996) 46 Cal.App.4th 1296, 1305-1307 [ 54 Cal.Rptr.2d 284 ], but see Hirshfield v. Schwartz (2001) 91 Cal.App.4th 749 [ 110 Cal.Rptr.2d 861 ] *1282 [holding that a court in equity, applying the hardship doctrine, may grant an easement that effectively denies the owner the use of his property].) Here, Bustillos’s claim for a network of trails crisscrossing the majority of the property would divest Murphy of essentially all rights to the property, rendering it unbuildable and unsaleable. | 1 | 1 |
People v. Karamangreen2 sentences2002The majority asserts that the trial court "necessarily retains the jurisdiction" to mitigate penalties "so long as the defendant faces the specter of imprisonment for failing to pay a fine" ( ibid., citing People v. Karaman (1992) 4 Cal.4th 335, 351 , 14 Cal.Rptr.2d 801 , 842 P.2d 100 ), but I am not persuaded. 2002The majority asserts that the trial court "necessarily retains the jurisdiction" to mitigate penalties "so long as the defendant faces the specter of imprisonment for failing to pay a fine" ( ibid., citing People v. Karaman (1992) 4 Cal.4th 335, 351 , 14 Cal.Rptr.2d 801 , 842 P.2d 100 ), but I am not persuaded. | 1 | 1 |
Nestle v. City of Santa Monicagreen2 sentences1986He urges that CIF, Los Angeles City Section, has failed to adopt written rules and regulations regarding such waivers and, therefore, that it does not review waiver requests in accordance with “any prescribed criteria for ‘hardship’ or otherwise.” The trial court apparently disagreed, noting that CIF, Los Angeles City Section, has “set down some guidelines for the person who petitions, [f] The rules are [that a petitioner requesting unrestricted eligibility has] to come up with something that meets the criteria set forth in the [application form for a hardship waiver].” “In resolving the issue 1986He urges that CIF, Los Angeles City Section, has failed to adopt written rules and regulations regarding such waivers and, therefore, that it does not review waiver requests in accordance with “any prescribed criteria for ‘hardship’ or otherwise.” The trial court apparently disagreed, noting that CIF, Los Angeles City Section, has “set down some guidelines for the person who petitions, [f] The rules are [that a petitioner requesting unrestricted eligibility has] to come up with something that meets the criteria set forth in the [application form for a hardship waiver].” “In resolving the issue | 1 | 1 |
Select Base Materials, Inc. v. Board of Equalizationgreen2 sentences1983Our interpretation of the statutory scheme is governed by the following fundamental rules of statutory construction: Of primary importance, “the court should ascertain the intent of the Legislature so as to effectuate the purpose of the law.” (Select Base Materials v. Board of Equal. (1959) 51 Cal.2d 640, 645 [ 335 P.2d 672 ]; California Teachers Assn. v. San Diego Community College Dist. (1981) 28 Cal.3d 692, 698 [ 170 Cal.Rptr. 817 , 621 P.2d 856 ]; Moyer v. Workmen’s Comp. 1983Our interpretation of the statutory scheme is governed by the following fundamental rules of statutory construction: Of primary importance, “the court should ascertain the intent of the Legislature so as to effectuate the purpose of the law.” (Select Base Materials v. Board of Equal. (1959) 51 Cal.2d 640, 645 [ 335 P.2d 672 ]; California Teachers Assn. v. San Diego Community College Dist. (1981) 28 Cal.3d 692, 698 [ 170 Cal.Rptr. 817 , 621 P.2d 856 ]; Moyer v. Workmen’s Comp. | 1 | 1 |
California Teachers Ass'n v. San Diego Community College Districtgreen2 sentences1983Our interpretation of the statutory scheme is governed by the following fundamental rules of statutory construction: Of primary importance, “the court should ascertain the intent of the Legislature so as to effectuate the purpose of the law.” (Select Base Materials v. Board of Equal. (1959) 51 Cal.2d 640, 645 [ 335 P.2d 672 ]; California Teachers Assn. v. San Diego Community College Dist. (1981) 28 Cal.3d 692, 698 [ 170 Cal.Rptr. 817 , 621 P.2d 856 ]; Moyer v. Workmen’s Comp. 1983Our interpretation of the statutory scheme is governed by the following fundamental rules of statutory construction: Of primary importance, “the court should ascertain the intent of the Legislature so as to effectuate the purpose of the law.” (Select Base Materials v. Board of Equal. (1959) 51 Cal.2d 640, 645 [ 335 P.2d 672 ]; California Teachers Assn. v. San Diego Community College Dist. (1981) 28 Cal.3d 692, 698 [ 170 Cal.Rptr. 817 , 621 P.2d 856 ]; Moyer v. Workmen’s Comp. | 1 | 1 |
Hobgood v. Glassgreen2 sentences1961The court pointed out (p. 585) that sections 989 and 414 of the Code of Civil Procedure “do not go so far as to reach persons not made parties to the original suit, even though such persons were dormant partners and the plaintiff at the time of the commencement of the action was unaware of their interest.” At common law, if one of two or more joint debtors was not served in an action, a judgment against the others could not be enforced against the unserved party, nor could any other recourse be had against him “for the reason that the joint obligation is deemed merged in the judgment.” (Hobgoo 1961The court pointed out (p. 585) that sections 989 and 414 of the Code of Civil Procedure “do not go so far as to reach persons not made parties to the original suit, even though such persons were dormant partners and the plaintiff at the time of the commencement of the action was unaware of their interest.” At common law, if one of two or more joint debtors was not served in an action, a judgment against the others could not be enforced against the unserved party, nor could any other recourse be had against him “for the reason that the joint obligation is deemed merged in the judgment.” (Hobgoo | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in California. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Hirshfield v. Schwartz
green
2 sentences2025(Hirshfield v. Schwartz (2001) 91 Cal.App.4th 749 , 758–759.) “[W]hen the defendant without privilege occupies the plaintiff’s property, an injunction is granted to remove the encroachment.” (Brown Derby Hollywood Corp. v. Hatton (1964) 61 Cal.2d 855, 858 .) The hardship doctrine does not apply to Olen’s claim for injunctive relief based on the two-year construction deadline of section 4.06 for several reasons. 2002(See Mehdizadeh v. Mincer (1996) 46 Cal.App.4th 1296, 1305-1307 [ 54 Cal.Rptr.2d 284 ], but see Hirshfield v. Schwartz (2001) 91 Cal.App.4th 749 [ 110 Cal.Rptr.2d 861 ] *1282 [holding that a court in equity, applying the hardship doctrine, may grant an easement that effectively denies the owner the use of his property].) Here, Bustillos’s claim for a network of trails crisscrossing the majority of the property would divest Murphy of essentially all rights to the property, rendering it unbuildable and unsaleable. | 2 | 2002–2025 |
Brown Derby Hollywood Corp. v. Hatton
green
2 sentences2025(Hirshfield v. Schwartz (2001) 91 Cal.App.4th 749 , 758–759.) “[W]hen the defendant without privilege occupies the plaintiff’s property, an injunction is granted to remove the encroachment.” (Brown Derby Hollywood Corp. v. Hatton (1964) 61 Cal.2d 855, 858 .) The hardship doctrine does not apply to Olen’s claim for injunctive relief based on the two-year construction deadline of section 4.06 for several reasons. 2025(Hirshfield v. Schwartz (2001) 91 Cal.App.4th 749 , 758–759.) “[W]hen the defendant without privilege occupies the plaintiff’s property, an injunction is granted to remove the encroachment.” (Brown Derby Hollywood Corp. v. Hatton (1964) 61 Cal.2d 855, 858 .) The hardship doctrine does not apply to Olen’s claim for injunctive relief based on the two-year construction deadline of section 4.06 for several reasons. | 1 | 2025–2025 |
Benjamin S. v. Teddy S.
green
1 sentence2021“In civil cases, constitutional questions not raised in the trial court are considered waived.” (In re Marriage of S. (1985) 171 Cal.App.3d 738, 745 ; accord Neil S. v. Mary L. (2011) 199 Cal.App.4th 240, 254 [“ ‘ “Typically, 6 A. Preemption Carrie acknowledges she does not satisfy any of the specific criteria for determining whether a “substantial hardship” exists under former section 14009.5, subdivision (c)(1) and California Code of Regulations, title 22, section 50963. | 1 | 2021–2021 |
People v. Talibdeen
green
1 sentence2002Under the majority's construction, a defendant may not even seek a hardship waiver *929 until " after execution of his sentence has begun" (maj. opn, ante, at p. 927, 46 P.3d at p. 391 )—by what procedure the majority does not specify. | 1 | 2002–2002 |
Harlan v. Stufflebeem
green
1 sentence1921L. 967, 970; 1 Beach on Contracts, secs. 111, 112; 3 Page on Contracts, secs. 1385, 1387; Connell v. Higgins, 170 Cal. 556 , [ 150 Pac. 769 ]; Jones etc. Co. v. Doble Co., 162 Cal. 505 , [ 123 Pac. 290 ]; Smith v. Mathews etc. Co., 179 Cal. 801 , [ 179 Pac. 205 ]; Rischard v. Miller, 182 Cal. 351 , [ 188 Pac. 50 ]; Collins v. Ramish, 182 Cal. 359 , [ 188 Pac. 552 ]; City Street Improvement Co. v. Kroh, 158 Cal. 325 , [ 110 Pac. 933 ] ; Perry v. Quackenbush, 105 Cal. 308 , [ 38 Pac. 740 ]; Harlan v. Stufflebeem, 87 Cal. 511 , [ 25 Pac. 686 ].) In 9 Corpus Juris, 739, the rule is summarized as f | 1 | 1921–1921 |
Perry v. Quackenbush
green
1 sentence1921L. 967, 970; 1 Beach on Contracts, secs. 111, 112; 3 Page on Contracts, secs. 1385, 1387; Connell v. Higgins, 170 Cal. 556 , [ 150 Pac. 769 ]; Jones etc. Co. v. Doble Co., 162 Cal. 505 , [ 123 Pac. 290 ]; Smith v. Mathews etc. Co., 179 Cal. 801 , [ 179 Pac. 205 ]; Rischard v. Miller, 182 Cal. 351 , [ 188 Pac. 50 ]; Collins v. Ramish, 182 Cal. 359 , [ 188 Pac. 552 ]; City Street Improvement Co. v. Kroh, 158 Cal. 325 , [ 110 Pac. 933 ] ; Perry v. Quackenbush, 105 Cal. 308 , [ 38 Pac. 740 ]; Harlan v. Stufflebeem, 87 Cal. 511 , [ 25 Pac. 686 ].) In 9 Corpus Juris, 739, the rule is summarized as f | 1 | 1921–1921 |
Jones & Laughlin Steel Co. v. Abner Doble Co.
green
1 sentence1921L. 967, 970; 1 Beach on Contracts, secs. 111, 112; 3 Page on Contracts, secs. 1385, 1387; Connell v. Higgins, 170 Cal. 556 , [ 150 Pac. 769 ]; Jones etc. Co. v. Doble Co., 162 Cal. 505 , [ 123 Pac. 290 ]; Smith v. Mathews etc. Co., 179 Cal. 801 , [ 179 Pac. 205 ]; Rischard v. Miller, 182 Cal. 351 , [ 188 Pac. 50 ]; Collins v. Ramish, 182 Cal. 359 , [ 188 Pac. 552 ]; City Street Improvement Co. v. Kroh, 158 Cal. 325 , [ 110 Pac. 933 ] ; Perry v. Quackenbush, 105 Cal. 308 , [ 38 Pac. 740 ]; Harlan v. Stufflebeem, 87 Cal. 511 , [ 25 Pac. 686 ].) In 9 Corpus Juris, 739, the rule is summarized as f | 1 | 1921–1921 |
Connell v. Higgins
green
1 sentence1921L. 967, 970; 1 Beach on Contracts, secs. 111, 112; 3 Page on Contracts, secs. 1385, 1387; Connell v. Higgins, 170 Cal. 556 , [ 150 Pac. 769 ]; Jones etc. Co. v. Doble Co., 162 Cal. 505 , [ 123 Pac. 290 ]; Smith v. Mathews etc. Co., 179 Cal. 801 , [ 179 Pac. 205 ]; Rischard v. Miller, 182 Cal. 351 , [ 188 Pac. 50 ]; Collins v. Ramish, 182 Cal. 359 , [ 188 Pac. 552 ]; City Street Improvement Co. v. Kroh, 158 Cal. 325 , [ 110 Pac. 933 ] ; Perry v. Quackenbush, 105 Cal. 308 , [ 38 Pac. 740 ]; Harlan v. Stufflebeem, 87 Cal. 511 , [ 25 Pac. 686 ].) In 9 Corpus Juris, 739, the rule is summarized as f | 1 | 1921–1921 |
Rischard v. Miller
green
2 sentences1921L. 967, 970; 1 Beach on Contracts, secs. 111, 112; 3 Page on Contracts, secs. 1385, 1387; Connell v. Higgins, 170 Cal. 556 , [ 150 Pac. 769 ]; Jones etc. Co. v. Doble Co., 162 Cal. 505 , [ 123 Pac. 290 ]; Smith v. Mathews etc. Co., 179 Cal. 801 , [ 179 Pac. 205 ]; Rischard v. Miller, 182 Cal. 351 , [ 188 Pac. 50 ]; Collins v. Ramish, 182 Cal. 359 , [ 188 Pac. 552 ]; City Street Improvement Co. v. Kroh, 158 Cal. 325 , [ 110 Pac. 933 ] ; Perry v. Quackenbush, 105 Cal. 308 , [ 38 Pac. 740 ]; Harlan v. Stufflebeem, 87 Cal. 511 , [ 25 Pac. 686 ].) In 9 Corpus Juris, 739, the rule is summarized as f 1921L. 967, 970; 1 Beach on Contracts, secs. 111, 112; 3 Page on Contracts, secs. 1385, 1387; Connell v. Higgins, 170 Cal. 556 , [ 150 Pac. 769 ]; Jones etc. Co. v. Doble Co., 162 Cal. 505 , [ 123 Pac. 290 ]; Smith v. Mathews etc. Co., 179 Cal. 801 , [ 179 Pac. 205 ]; Rischard v. Miller, 182 Cal. 351 , [ 188 Pac. 50 ]; Collins v. Ramish, 182 Cal. 359 , [ 188 Pac. 552 ]; City Street Improvement Co. v. Kroh, 158 Cal. 325 , [ 110 Pac. 933 ] ; Perry v. Quackenbush, 105 Cal. 308 , [ 38 Pac. 740 ]; Harlan v. Stufflebeem, 87 Cal. 511 , [ 25 Pac. 686 ].) In 9 Corpus Juris, 739, the rule is summarized as f | 1 | 1921–1921 |
City St. Improvement Co. v. Kroh
green
1 sentence1921L. 967, 970; 1 Beach on Contracts, secs. 111, 112; 3 Page on Contracts, secs. 1385, 1387; Connell v. Higgins, 170 Cal. 556 , [ 150 Pac. 769 ]; Jones etc. Co. v. Doble Co., 162 Cal. 505 , [ 123 Pac. 290 ]; Smith v. Mathews etc. Co., 179 Cal. 801 , [ 179 Pac. 205 ]; Rischard v. Miller, 182 Cal. 351 , [ 188 Pac. 50 ]; Collins v. Ramish, 182 Cal. 359 , [ 188 Pac. 552 ]; City Street Improvement Co. v. Kroh, 158 Cal. 325 , [ 110 Pac. 933 ] ; Perry v. Quackenbush, 105 Cal. 308 , [ 38 Pac. 740 ]; Harlan v. Stufflebeem, 87 Cal. 511 , [ 25 Pac. 686 ].) In 9 Corpus Juris, 739, the rule is summarized as f | 1 | 1921–1921 |
Hines v. Industrial Acc. Com.
neutral
1 sentence1921L. 967, 970; 1 Beach on Contracts, secs. 111, 112; 3 Page on Contracts, secs. 1385, 1387; Connell v. Higgins, 170 Cal. 556 , [ 150 Pac. 769 ]; Jones etc. Co. v. Doble Co., 162 Cal. 505 , [ 123 Pac. 290 ]; Smith v. Mathews etc. Co., 179 Cal. 801 , [ 179 Pac. 205 ]; Rischard v. Miller, 182 Cal. 351 , [ 188 Pac. 50 ]; Collins v. Ramish, 182 Cal. 359 , [ 188 Pac. 552 ]; City Street Improvement Co. v. Kroh, 158 Cal. 325 , [ 110 Pac. 933 ] ; Perry v. Quackenbush, 105 Cal. 308 , [ 38 Pac. 740 ]; Harlan v. Stufflebeem, 87 Cal. 511 , [ 25 Pac. 686 ].) In 9 Corpus Juris, 739, the rule is summarized as f | 1 | 1921–1921 |
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.