Moran rule (California) · Go Syfert
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Moran rule in California

10 California opinions name it 2 courts 1968–2025 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 (11)

CaseFollowedCited
Hughes v. Southern California Rapid Transit Districtgreen
calctapp · 1985 · cited in 2 California opinions naming this issue, 1986–1986
2 sentences

1986The amendment did nothing to change the statutory language relied on by the Moran court in developing the Moran rule. [See Hughes v. Southern Cal. Rapid Transit Dist., supra, 173 Cal.App.3d at p. 516, fn. 4 .] Without subsequent statutory language to the contrary, the Moran rule remains valid. [Fn. omitted.]” (Id., atp. 517.) C.

1986The amendment did nothing to change the statutory language relied on by the Moran court in developing the Moran rule. [See Hughes v. Southern Cal. Rapid Transit Dist., supra, 173 Cal.App.3d at p. 516, fn. 4 .] Without subsequent statutory language to the contrary, the Moran rule remains valid. [Fn. omitted.]” (Id., atp. 517.) C.

12
Hirshfield v. Schwartzgreen
calctapp · 2001 · cited in 1 California opinions naming this issue, 2016–2016
1 sentence

2016(Hirshfield v. Schwartz (2001) 91 Cal.App.4th 749, 755, fn. 2 .) 2 manager, and Mendoza reported to Park.

11
Cannon v. City of Novatogreen
calctapp · 1985 · cited in 1 California opinions naming this issue, 1985–1985
2 sentences

1985Iacono Structur *517 al Engineer, Inc. v. Rizzo (1984) 162 Cal.App.3d 803 [ 208 Cal.Rptr. 787 ]; Cannon v. City of Novato (1985) 167 Cal.App.3d 216, 223 [ 213 Cal.Rptr. 132 ] (dis. opn. of White, P. J.).) We must also conclude the Moran rule is controlling here.

1985Iacono Structur *517 al Engineer, Inc. v. Rizzo (1984) 162 Cal.App.3d 803 [ 208 Cal.Rptr. 787 ]; Cannon v. City of Novato (1985) 167 Cal.App.3d 216, 223 [ 213 Cal.Rptr. 132 ] (dis. opn. of White, P. J.).) We must also conclude the Moran rule is controlling here.

11
Lacy v. California Unemployment Insurance Appeals Boardgreen
calctapp · 1971 · cited in 1 California opinions naming this issue, 1980–1980
2 sentences

1980Appeals Bd. (1971) 17 Cal.App.3d 1128, 1135, fn. 2 [ 95 Cal.Rptr. 566 ]), it has been reaffirmed on numerous occasions (e.g., Yakov v. Board of Medical Examiners (1968) 68 Cal.2d 67, 72 [ 64 Cal.Rptr. 785 , 435 P.2d 553 ]; Merrill v. Department of Motor Vehicles (1969) 71 Cal.2d 907, 916 [ 80 Cal.Rptr. 89 , 458 P.2d 33 ]; Bixby v. Pierno (1971) 4 Cal.3d 130, 149 [ 93 Cal.Rptr. 234 , 481 P.2d 242 ]; Strumsky v. San Diego County Employees Retirement Assn., supra, 11 Cal.3d at p. 46, fn. 18 ; Board of Education v. Jack M. (1977) 19 Cal.3d 691, 697 [ 139 Cal.Rptr. 700 , 566 P.2d 602 ]; Pasadena Un

1980Appeals Bd. (1971) 17 Cal.App.3d 1128, 1135, fn. 2 [ 95 Cal.Rptr. 566 ]), it has been reaffirmed on numerous occasions (e.g., Yakov v. Board of Medical Examiners (1968) 68 Cal.2d 67, 72 [ 64 Cal.Rptr. 785 , 435 P.2d 553 ]; Merrill v. Department of Motor Vehicles (1969) 71 Cal.2d 907, 916 [ 80 Cal.Rptr. 89 , 458 P.2d 33 ]; Bixby v. Pierno (1971) 4 Cal.3d 130, 149 [ 93 Cal.Rptr. 234 , 481 P.2d 242 ]; Strumsky v. San Diego County Employees Retirement Assn., supra, 11 Cal.3d at p. 46, fn. 18 ; Board of Education v. Jack M. (1977) 19 Cal.3d 691, 697 [ 139 Cal.Rptr. 700 , 566 P.2d 602 ]; Pasadena Un

11
Board of Education v. Jack M.green
cal · 1977 · cited in 1 California opinions naming this issue, 1980–1980
2 sentences

1980Appeals Bd. (1971) 17 Cal.App.3d 1128, 1135, fn. 2 [ 95 Cal.Rptr. 566 ]), it has been reaffirmed on numerous occasions (e.g., Yakov v. Board of Medical Examiners (1968) 68 Cal.2d 67, 72 [ 64 Cal.Rptr. 785 , 435 P.2d 553 ]; Merrill v. Department of Motor Vehicles (1969) 71 Cal.2d 907, 916 [ 80 Cal.Rptr. 89 , 458 P.2d 33 ]; Bixby v. Pierno (1971) 4 Cal.3d 130, 149 [ 93 Cal.Rptr. 234 , 481 P.2d 242 ]; Strumsky v. San Diego County Employees Retirement Assn., supra, 11 Cal.3d at p. 46, fn. 18 ; Board of Education v. Jack M. (1977) 19 Cal.3d 691, 697 [ 139 Cal.Rptr. 700 , 566 P.2d 602 ]; Pasadena Un

1980Appeals Bd. (1971) 17 Cal.App.3d 1128, 1135, fn. 2 [ 95 Cal.Rptr. 566 ]), it has been reaffirmed on numerous occasions (e.g., Yakov v. Board of Medical Examiners (1968) 68 Cal.2d 67, 72 [ 64 Cal.Rptr. 785 , 435 P.2d 553 ]; Merrill v. Department of Motor Vehicles (1969) 71 Cal.2d 907, 916 [ 80 Cal.Rptr. 89 , 458 P.2d 33 ]; Bixby v. Pierno (1971) 4 Cal.3d 130, 149 [ 93 Cal.Rptr. 234 , 481 P.2d 242 ]; Strumsky v. San Diego County Employees Retirement Assn., supra, 11 Cal.3d at p. 46, fn. 18 ; Board of Education v. Jack M. (1977) 19 Cal.3d 691, 697 [ 139 Cal.Rptr. 700 , 566 P.2d 602 ]; Pasadena Un

11
Bixby v. Piernogreen
cal · 1971 · cited in 1 California opinions naming this issue, 1980–1980
2 sentences

1980Appeals Bd. (1971) 17 Cal.App.3d 1128, 1135, fn. 2 [ 95 Cal.Rptr. 566 ]), it has been reaffirmed on numerous occasions (e.g., Yakov v. Board of Medical Examiners (1968) 68 Cal.2d 67, 72 [ 64 Cal.Rptr. 785 , 435 P.2d 553 ]; Merrill v. Department of Motor Vehicles (1969) 71 Cal.2d 907, 916 [ 80 Cal.Rptr. 89 , 458 P.2d 33 ]; Bixby v. Pierno (1971) 4 Cal.3d 130, 149 [ 93 Cal.Rptr. 234 , 481 P.2d 242 ]; Strumsky v. San Diego County Employees Retirement Assn., supra, 11 Cal.3d at p. 46, fn. 18 ; Board of Education v. Jack M. (1977) 19 Cal.3d 691, 697 [ 139 Cal.Rptr. 700 , 566 P.2d 602 ]; Pasadena Un

1980Appeals Bd. (1971) 17 Cal.App.3d 1128, 1135, fn. 2 [ 95 Cal.Rptr. 566 ]), it has been reaffirmed on numerous occasions (e.g., Yakov v. Board of Medical Examiners (1968) 68 Cal.2d 67, 72 [ 64 Cal.Rptr. 785 , 435 P.2d 553 ]; Merrill v. Department of Motor Vehicles (1969) 71 Cal.2d 907, 916 [ 80 Cal.Rptr. 89 , 458 P.2d 33 ]; Bixby v. Pierno (1971) 4 Cal.3d 130, 149 [ 93 Cal.Rptr. 234 , 481 P.2d 242 ]; Strumsky v. San Diego County Employees Retirement Assn., supra, 11 Cal.3d at p. 46, fn. 18 ; Board of Education v. Jack M. (1977) 19 Cal.3d 691, 697 [ 139 Cal.Rptr. 700 , 566 P.2d 602 ]; Pasadena Un

11
Strumsky v. San Diego County Employees Retirement Assn.green
cal · 1974 · cited in 1 California opinions naming this issue, 1980–1980
2 sentences

1980Appeals Bd. (1971) 17 Cal.App.3d 1128, 1135, fn. 2 [ 95 Cal.Rptr. 566 ]), it has been reaffirmed on numerous occasions (e.g., Yakov v. Board of Medical Examiners (1968) 68 Cal.2d 67, 72 [ 64 Cal.Rptr. 785 , 435 P.2d 553 ]; Merrill v. Department of Motor Vehicles (1969) 71 Cal.2d 907, 916 [ 80 Cal.Rptr. 89 , 458 P.2d 33 ]; Bixby v. Pierno (1971) 4 Cal.3d 130, 149 [ 93 Cal.Rptr. 234 , 481 P.2d 242 ]; Strumsky v. San Diego County Employees Retirement Assn., supra, 11 Cal.3d at p. 46, fn. 18 ; Board of Education v. Jack M. (1977) 19 Cal.3d 691, 697 [ 139 Cal.Rptr. 700 , 566 P.2d 602 ]; Pasadena Un

1980Appeals Bd. (1971) 17 Cal.App.3d 1128, 1135, fn. 2 [ 95 Cal.Rptr. 566 ]), it has been reaffirmed on numerous occasions (e.g., Yakov v. Board of Medical Examiners (1968) 68 Cal.2d 67, 72 [ 64 Cal.Rptr. 785 , 435 P.2d 553 ]; Merrill v. Department of Motor Vehicles (1969) 71 Cal.2d 907, 916 [ 80 Cal.Rptr. 89 , 458 P.2d 33 ]; Bixby v. Pierno (1971) 4 Cal.3d 130, 149 [ 93 Cal.Rptr. 234 , 481 P.2d 242 ]; Strumsky v. San Diego County Employees Retirement Assn., supra, 11 Cal.3d at p. 46, fn. 18 ; Board of Education v. Jack M. (1977) 19 Cal.3d 691, 697 [ 139 Cal.Rptr. 700 , 566 P.2d 602 ]; Pasadena Un

11
Merrill v. Department of Motor Vehiclesgreen
cal · 1969 · cited in 1 California opinions naming this issue, 1980–1980
2 sentences

1980Appeals Bd. (1971) 17 Cal.App.3d 1128, 1135, fn. 2 [ 95 Cal.Rptr. 566 ]), it has been reaffirmed on numerous occasions (e.g., Yakov v. Board of Medical Examiners (1968) 68 Cal.2d 67, 72 [ 64 Cal.Rptr. 785 , 435 P.2d 553 ]; Merrill v. Department of Motor Vehicles (1969) 71 Cal.2d 907, 916 [ 80 Cal.Rptr. 89 , 458 P.2d 33 ]; Bixby v. Pierno (1971) 4 Cal.3d 130, 149 [ 93 Cal.Rptr. 234 , 481 P.2d 242 ]; Strumsky v. San Diego County Employees Retirement Assn., supra, 11 Cal.3d at p. 46, fn. 18 ; Board of Education v. Jack M. (1977) 19 Cal.3d 691, 697 [ 139 Cal.Rptr. 700 , 566 P.2d 602 ]; Pasadena Un

1980Appeals Bd. (1971) 17 Cal.App.3d 1128, 1135, fn. 2 [ 95 Cal.Rptr. 566 ]), it has been reaffirmed on numerous occasions (e.g., Yakov v. Board of Medical Examiners (1968) 68 Cal.2d 67, 72 [ 64 Cal.Rptr. 785 , 435 P.2d 553 ]; Merrill v. Department of Motor Vehicles (1969) 71 Cal.2d 907, 916 [ 80 Cal.Rptr. 89 , 458 P.2d 33 ]; Bixby v. Pierno (1971) 4 Cal.3d 130, 149 [ 93 Cal.Rptr. 234 , 481 P.2d 242 ]; Strumsky v. San Diego County Employees Retirement Assn., supra, 11 Cal.3d at p. 46, fn. 18 ; Board of Education v. Jack M. (1977) 19 Cal.3d 691, 697 [ 139 Cal.Rptr. 700 , 566 P.2d 602 ]; Pasadena Un

11
Yakov v. Board of Medical Examinersgreen
cal · 1968 · cited in 1 California opinions naming this issue, 1980–1980
2 sentences

1980Appeals Bd. (1971) 17 Cal.App.3d 1128, 1135, fn. 2 [ 95 Cal.Rptr. 566 ]), it has been reaffirmed on numerous occasions (e.g., Yakov v. Board of Medical Examiners (1968) 68 Cal.2d 67, 72 [ 64 Cal.Rptr. 785 , 435 P.2d 553 ]; Merrill v. Department of Motor Vehicles (1969) 71 Cal.2d 907, 916 [ 80 Cal.Rptr. 89 , 458 P.2d 33 ]; Bixby v. Pierno (1971) 4 Cal.3d 130, 149 [ 93 Cal.Rptr. 234 , 481 P.2d 242 ]; Strumsky v. San Diego County Employees Retirement Assn., supra, 11 Cal.3d at p. 46, fn. 18 ; Board of Education v. Jack M. (1977) 19 Cal.3d 691, 697 [ 139 Cal.Rptr. 700 , 566 P.2d 602 ]; Pasadena Un

1980Appeals Bd. (1971) 17 Cal.App.3d 1128, 1135, fn. 2 [ 95 Cal.Rptr. 566 ]), it has been reaffirmed on numerous occasions (e.g., Yakov v. Board of Medical Examiners (1968) 68 Cal.2d 67, 72 [ 64 Cal.Rptr. 785 , 435 P.2d 553 ]; Merrill v. Department of Motor Vehicles (1969) 71 Cal.2d 907, 916 [ 80 Cal.Rptr. 89 , 458 P.2d 33 ]; Bixby v. Pierno (1971) 4 Cal.3d 130, 149 [ 93 Cal.Rptr. 234 , 481 P.2d 242 ]; Strumsky v. San Diego County Employees Retirement Assn., supra, 11 Cal.3d at p. 46, fn. 18 ; Board of Education v. Jack M. (1977) 19 Cal.3d 691, 697 [ 139 Cal.Rptr. 700 , 566 P.2d 602 ]; Pasadena Un

11
Crawford v. Southern Pacific Co.green
cal · 1935 · cited in 1 California opinions naming this issue, 1968–1968
2 sentences

1968Co. (1935) 3 Cal.2d 427, 429 [ 45 P.2d 183 ] : “ ‘ “In reviewing the evidence . . . all conflicts must be resolved in favor of the respondent, and all legitimate and reasonable inferences indulged in to uphold the verdict if possible ....

1968Co. (1935) 3 Cal.2d 427, 429 [ 45 P.2d 183 ] : “ ‘ “In reviewing the evidence . . . all conflicts must be resolved in favor of the respondent, and all legitimate and reasonable inferences indulged in to uphold the verdict if possible ....

11
Southern Pacific Co. v. Pillsburygreen
cal · 1915 · cited in 1 California opinions naming this issue, 1968–1968
2 sentences

1968Co. v. Pillsbury (1915) 170 Cal. 782, 783-784 [ 151 P. 277 , L.R.A. 1916E 916 ] ; Brown, Pact and Law in Judicial Review (1943) 56 Harv.L.Rev. 899, 901; Stern, Review of Findings of Administrators, Judges and Juries: A Comparative Analysis (1944) 58 Harv.L.Rev. 70, 112, 117.) Thus, once the “facts” are established pursuant to the Moran rule, this court must reach an independent decision as to whether Dr. Yakov’s conduct demonstrated moral turpitude.

1968Co. v. Pillsbury (1915) 170 Cal. 782, 783-784 [ 151 P. 277 , L.R.A. 1916E 916 ] ; Brown, Pact and Law in Judicial Review (1943) 56 Harv.L.Rev. 899, 901; Stern, Review of Findings of Administrators, Judges and Juries: A Comparative Analysis (1944) 58 Harv.L.Rev. 70, 112, 117.) Thus, once the “facts” are established pursuant to the Moran rule, this court must reach an independent decision as to whether Dr. Yakov’s conduct demonstrated moral turpitude.

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
Paul E. Iacono Structural Engineer, Inc. v. Rizzo green
calctapp · 1984
2 sentences

1986Iacono Structural Engineer, Inc. v. Rizzo (1984) 162 Cal.App.3d 803 [ 208 Cal.Rptr. 787 ].) Nonetheless, defendants argue that legislative amendments to section *446 1141.17 3 were intended to supersede the Moran rule.

1986Iacono Structural Engineer, Inc. v. Rizzo (1984) 162 Cal.App.3d 803 [ 208 Cal.Rptr. 787 ].) Nonetheless, defendants argue that legislative amendments to section *446 1141.17 3 were intended to supersede the Moran rule.

21985–1986
Ward v. Levin green
calctapp · 1984
2 sentences

1986(See, e.g., Ward v. Levin (1984) 161 Cal.App.3d 1026 [208 Cal.Rptr. 312]; Paul E.

1985(Ward v. Levin, supra, 161 Cal.App.3d at p. 1032 .) Because the court below set a trial date of July 9, 1984, the statute was automatically tolled until this date under the Moran rule.

21985–1986
People v. French green
cal · 2008
1 sentence

2025Thus, Moran’s challenge to these components of the sentence is not based on “grounds that arose after entry of the plea and that do not affect the validity of the plea.” (People v. French, supra, 43 Cal.4th at p. 43 .) Moran’s focus on the absence of defense input into the length of the sentence and legality of its components indicates his argument is based on premises that a specific sentence cannot be an integral part of the bargain if there was not a give and take as to its length and components, and that his subjective motivation for agreeing to the sentence proposed is determinative as to

12025–2025
Martinez v. Enterprise Rent-A-Car Co. green
calctapp · 2004
2 sentences

2006The department, upon receipt of the certificate of ownership or other evidence of title, the license plates, and the fee, shall issue a salvage certificate for the vehicle.” The legal basis for Moran’s claim Esurance wrongly classified his vehicle is dicta in Martinez v. Enterprise Rent-A-Car Co. (2004) 119 Cal.App.4th 46 [ 13 Cal.Rptr.3d 857 ].

2006The department, upon receipt of the certificate of ownership or other evidence of title, the license plates, and the fee, shall issue a salvage certificate for the vehicle.” The legal basis for Moran’s claim Esurance wrongly classified his vehicle is dicta in Martinez v. Enterprise Rent-A-Car Co. (2004) 119 Cal.App.4th 46 [ 13 Cal.Rptr.3d 857 ].

12006–2006
California Shoppers, Inc. v. Royal Globe Insurance Co. green
calctapp · 1985
2 sentences

1997Co., supra, 175 Cal.App.3d at p. 37 .) As we have noted, the Moran claim—the only claim reported during the policy period—was not based on structural design deficiencies of the building but on expenses Moran had incurred as general contractor in repairing certain cable failures.

1997Co., supra, 175 Cal.App.3d at p. 37 .) As we have noted, the Moran claim—the only claim reported during the policy period—was not based on structural design deficiencies of the building but on expenses Moran had incurred as general contractor in repairing certain cable failures.

11997–1997
Moran v. Superior Court green
cal · 1983
2 sentences

1995As discussed above, “[s]ince the trial court alone has the power to order a matter placed upon its trial calendar, section 1141.20 imposes a duty upon the court sua sponte to recalendar the trial ‘in the same place ... it had prior to arbitration.’ ” (Moran, supra, 35 Cal.3d at p. 241 , fn. omitted.) The modification of the Moran rule in part II of this opinion does not alter the existence of the trial court’s statutorily imposed sua sponte duty, but rather recognizes that the existence of such duty does not result in the automatic tolling of the five-year statute.

1995As discussed above, "[s]ince the trial court alone has the power to order a matter placed upon its trial calendar, section 1141.20 imposes a duty upon the court sua sponte to recalendar the trial `in the same place ... it had prior to arbitration.'" ( Moran, supra, 35 Cal.3d at p. 241 , fn. omitted.) The modification of the Moran rule in part II of this opinion does not alter the existence of the trial court's statutorily imposed sua sponte duty, but rather recognizes that the existence of such duty does not result in the automatic tolling of the five-year statute.

11995–1995
Hill v. Bingham green
calctapp · 1986
2 sentences

1986Applicability of Reasonable Diligence Defendants further argue, citing Hill v. Bingham (1986) 181 Cal.App.3d 1 [ 225 Cal.Rptr. 905 ], that, in order for a court’s sua sponte duty to arise to recalendar a matter once a timely request for trial de novo is filed, a plaintiff must still exercise reasonable diligence in bringing his case to trial.

1986Applicability of Reasonable Diligence Defendants further argue, citing Hill v. Bingham (1986) 181 Cal.App.3d 1 [ 225 Cal.Rptr. 905 ], that, in order for a court’s sua sponte duty to arise to recalendar a matter once a timely request for trial de novo is filed, a plaintiff must still exercise reasonable diligence in bringing his case to trial.

11986–1986
Moran v. Board of Medical Examiners green
cal · 1948
2 sentences

1968Affirming the judgment of the superior court, this court held that the trial court was “ ‘authorized by law to exercise its independent judgment on the evidence ’ ” and that “ ‘the ultimate power of decision rests with the trial court. ’ ” ( 32 Cal.2d at p. 308 .) Since its inception in 1948, the Moran rule has been consistently applied to describe the scope of review of decisions not only by the Board of Medical Examiners 3 but also by other statewide administrative agencies that are without constitutional authority to exercise judicial powers. 4 As we stated in Moran, supra, 32 Cal.2d 301, 3

1968Affirming the judgment of the superior court, this court held that the trial court was “ ‘authorized by law to exercise its independent judgment on the evidence ’ ” and that “ ‘the ultimate power of decision rests with the trial court. ’ ” ( 32 Cal.2d at p. 308 .) Since its inception in 1948, the Moran rule has been consistently applied to describe the scope of review of decisions not only by the Board of Medical Examiners 3 but also by other statewide administrative agencies that are without constitutional authority to exercise judicial powers. 4 As we stated in Moran, supra, 32 Cal.2d 301, 3

11968–1968

Where else courts name it

CA 10 (1968–2025) FL 5 (2000–2024) IL 4 (2013–2014) TX 3 (1991–2024) IN 2 (1994–2008) MO 2 (2005–2009) WI 2 (1986–2004) GA 2 (1997–2008)

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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