elemental principle in California

9 California opinions name it 1 courts 1943–2020 0 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 (5)

Case	Followed	Cited
Crespin v. Shewrygreen calctapp · 2004 · cited in 1 California opinions naming this issue, 2007–2007 2 sentences 2007(Crespin v. Shewry (2004) 125 Cal.App.4th 259, 265 [ 22 Cal.Rptr.3d 696 ].) However, as with a statute, where reasonably possible; we must construe rule 1498(d) to avoid, doubts as to its constitutionality. 2007(Crespin v. Shewry (2004) 125 Cal.App.4th 259, 265 [ 22 Cal.Rptr.3d 696 ].) However, as with a statute, where reasonably possible; we must construe rule 1498(d) to avoid, doubts as to its constitutionality.	1	1
Fuentes v. Shevingreen scotus · 1972 · cited in 1 California opinions naming this issue, 1988–1988 2 sentences 1988(See Cleveland Board of Education v. Loudermill (1985) 470 U.S. 532, 546 [ 84 L.Ed.2d 494, 506 ]; Fuentes v. Shevin (1972) 407 U.S. 67, 80 [ 32 L.Ed.2d 556, 569-570 ]; Mullane v. Central Hanover Tr. 1988(See Cleveland Board of Education v. Loudermill (1985) 470 U.S. 532, 546 [ 84 L.Ed.2d 494, 506 ]; Fuentes v. Shevin (1972) 407 U.S. 67, 80 [ 32 L.Ed.2d 556, 569-570 ]; Mullane v. Central Hanover Tr.	1	1
Cleveland Board of Education v. Loudermillgreen scotus · 1985 · cited in 1 California opinions naming this issue, 1988–1988 2 sentences 1988(See Cleveland Board of Education v. Loudermill (1985) 470 U.S. 532, 546 [ 84 L.Ed.2d 494, 506 ]; Fuentes v. Shevin (1972) 407 U.S. 67, 80 [ 32 L.Ed.2d 556, 569-570 ]; Mullane v. Central Hanover Tr. 1988(See Cleveland Board of Education v. Loudermill (1985) 470 U.S. 532, 546 [ 84 L.Ed.2d 494, 506 ]; Fuentes v. Shevin (1972) 407 U.S. 67, 80 [ 32 L.Ed.2d 556, 569-570 ]; Mullane v. Central Hanover Tr.	1	1
Baugh v. Beattygreen calctapp · 1949 · cited in 1 California opinions naming this issue, 1953–1953 2 sentences 1953Inconsistent causes of action or defenses may be alleged and set up, and instructions covering them must necessarily be based upon conflicting and contradictory hypotheses. ’ ’ The same was said in Baugh v. Beatty, 91 Cal.App.2d 786, 791 [ 205 P.2d 671 ]. 1953Inconsistent causes of action or defenses may be alleged and set up, and instructions covering them must necessarily be based upon conflicting and contradictory hypotheses. ’ ’ The same was said in Baugh v. Beatty, 91 Cal.App.2d 786, 791 [ 205 P.2d 671 ].	1	1
Brown v. Yocumgreen calctapp · 1931 · cited in 1 California opinions naming this issue, 1953–1953 2 sentences 1953We said: “Just as it was the duty of the trial court to instruct the jury giving all proper instructions supporting the theory of the plaintiff, it was equally the duty of the trial court to give to the jury all proper instructions supporting the theory of the defendants.” In Brown v. Yocum, 113 Cal.App. 621, 622, 623 [ 298 P. 845 ], it was said: “It is an elemental rule that the court may instruct the jury upon all issues pleaded or otherwise established by the evidence. 1953We said: “Just as it was the duty of the trial court to instruct the jury giving all proper instructions supporting the theory of the plaintiff, it was equally the duty of the trial court to give to the jury all proper instructions supporting the theory of the defendants.” In Brown v. Yocum, 113 Cal.App. 621, 622, 623 [ 298 P. 845 ], it was said: “It is an elemental rule that the court may instruct the jury upon all issues pleaded or otherwise established by the evidence.	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in California. Read the followed side critically anyway.

Also cited on this issue (9)

Case	Cited	Years
County of Los Angeles v. Financial Casualty & Surety, Inc. green cal · 2018 1 sentence 2020(E.g., County of Los Angeles v. Financial Casualty & Surety, Inc. (2018) 5 Cal.5th 309, 314 .) And the most elemental principle of the law of contracts is that there can be no contract unless the contracting parties reach a meeting of minds as to the material terms of the contract.	1	2020–2020
Burden v. Snowden green cal · 1992 1 sentence 2020(E.g., Burden v. Snowden (1992) 2 Cal.4th 556, 570 ; 13 Witkin, Cal. Procedure (5th ed. 2020) Appeal, § 400, p. 458.) But the point Stein now presses was not mentioned in her amended petition, in her 39 statutorily-required statement of issues she intended to raise (see Guidelines § 21167.8, subd. (f)), in her briefs filed in the trial court, or in the papers supporting her motion to vacate the judgment or for new trial.	1	2020–2020
Burdeau v. McDowell green scotus · 1921 1 sentence 2016(E.g., Burdeau v. McDowell (1921) 256 U.S. 465, 475 ; Jones v. Kmart Corp. (1998) 17 Cal.4th 329 , 332–333; In re William G. (1985) 40 Cal.3d 550, 558 .) Counsel could reasonably conclude that any attempt to suppress the letter would fall to this principle. “[D]efense counsel’s decision not to file a motion he believes will be futile does not ‘ “ ‘substantially impair’ . . . defendant’s right to effective assistance of counsel.” ’ ” (People v. Gutierrez (2009) 45 Cal.4th 789, 804 .) The second reality is that police did secure a warrant to examine the contents of defendant’s computer once it w	1	2016–2016
Jones v. Kmart Corp. green cal · 1998 1 sentence 2016(E.g., Burdeau v. McDowell (1921) 256 U.S. 465, 475 ; Jones v. Kmart Corp. (1998) 17 Cal.4th 329 , 332–333; In re William G. (1985) 40 Cal.3d 550, 558 .) Counsel could reasonably conclude that any attempt to suppress the letter would fall to this principle. “[D]efense counsel’s decision not to file a motion he believes will be futile does not ‘ “ ‘substantially impair’ . . . defendant’s right to effective assistance of counsel.” ’ ” (People v. Gutierrez (2009) 45 Cal.4th 789, 804 .) The second reality is that police did secure a warrant to examine the contents of defendant’s computer once it w	1	2016–2016
People v. William G. green cal · 1985 1 sentence 2016(E.g., Burdeau v. McDowell (1921) 256 U.S. 465, 475 ; Jones v. Kmart Corp. (1998) 17 Cal.4th 329 , 332–333; In re William G. (1985) 40 Cal.3d 550, 558 .) Counsel could reasonably conclude that any attempt to suppress the letter would fall to this principle. “[D]efense counsel’s decision not to file a motion he believes will be futile does not ‘ “ ‘substantially impair’ . . . defendant’s right to effective assistance of counsel.” ’ ” (People v. Gutierrez (2009) 45 Cal.4th 789, 804 .) The second reality is that police did secure a warrant to examine the contents of defendant’s computer once it w	1	2016–2016
People v. Gutierrez green cal · 2009 1 sentence 2016(E.g., Burdeau v. McDowell (1921) 256 U.S. 465, 475 ; Jones v. Kmart Corp. (1998) 17 Cal.4th 329 , 332–333; In re William G. (1985) 40 Cal.3d 550, 558 .) Counsel could reasonably conclude that any attempt to suppress the letter would fall to this principle. “[D]efense counsel’s decision not to file a motion he believes will be futile does not ‘ “ ‘substantially impair’ . . . defendant’s right to effective assistance of counsel.” ’ ” (People v. Gutierrez (2009) 45 Cal.4th 789, 804 .) The second reality is that police did secure a warrant to examine the contents of defendant’s computer once it w	1	2016–2016
People v. Giordano green cal · 2007 1 sentence 2014(E.g., People v. Giordano (2007) 17 42 Cal.4th 644, 666 .) Almost as fundamental is the principle that “ ‘ “a ruling or decision, itself correct in law, will not be disturbed on appeal merely because given for the wrong reason.	1	2014–2014
Pratt v. Pratt green cal · 1903 2 sentences 1975As was said in the early case of Pratt v. Pratt, 141 Cal. 247 at page 252 [ 74 P. 742 ]: “The trial of a case should not only be fair in fact, but it should also appear to be fair. 1975As was said in the early case of Pratt v. Pratt, 141 Cal. 247 at page 252 [ 74 P. 742 ]: “The trial of a case should not only be fair in fact, but it should also appear to be fair.	1	1975–1975
Union Tool Co. v. Farmers & Merchants National Bank of Los Angeles green cal · 1923 2 sentences 1943Bank, 192 Cal. 40 [ 218 P. 424 , 28 A.L.R. 1417 ].) Plaintiff, after depositing its money with The Bank of California, was no longer the owner or entitled to the possession of any specific money which was the subject of conversion and when The Bank of California paid the amount appearing on the face of the checks to The San Francisco Bank, it paid out its own money and not that of plaintiff. (9 C.J.S. 735.) The suggested theory that The San Francisco Bank converted “plaintiff’s money” violates “the elemental principle that a depositor has no claim to any specific assets in his bank . . . ” (36 1943Bank, 192 Cal. 40 [ 218 P. 424 , 28 A.L.R. 1417 ].) Plaintiff, after depositing its money with The Bank of California, was no longer the owner or entitled to the possession of any specific money which was the subject of conversion and when The Bank of California paid the amount appearing on the face of the checks to The San Francisco Bank, it paid out its own money and not that of plaintiff. (9 C.J.S. 735.) The suggested theory that The San Francisco Bank converted “plaintiff’s money” violates “the elemental principle that a depositor has no claim to any specific assets in his bank . . . ” (36	1	1943–1943

Where else courts name it

CO 57 (1914–2026) TX 27 (1936–2024) FL 25 (1905–2026) PA 16 (1932–2023) IL 12 (1949–2005) CA 9 (1943–2020) MO 8 (1893–2014) VT 7 (1978–2015) IN 6 (1889–1978) GA 5 (1954–1976) TN 5 (1927–2014) IA 5 (1900–2017) NC 5 (1910–2022) UT 5 (1964–2021) NJ 5 (1945–2005) KS 4 (1973–2024) OH 4 (1907–2011) VA 4 (1984–2004) MI 3 (1967–2004) MA 3 (1960–2015) NY 3 (1927–1977) OK 3 (1917–1980) MD 3 (1978–2002) WA 3 (2000–2020) KY 3 (1932–2007) MS 3 (1956–1985) HI 3 (1981–2003) SD 2 (1999–1999) CT 2 (1997–2016) AL 2 (1939–1961) MT 2 (2013–2013) WY 2 (1941–1992) LA 2 (1956–2000)

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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