mandatory nature rule in California

9 California opinions name it 1 courts 1977–2016 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 (9)

Case	Followed	Cited
Gehman v. Superior Courtgreen calctapp · 1979 · cited in 1 California opinions naming this issue, 2002–2002 2 sentences 2002Code, §§ 905, 905.2), a division of this district has held that the Legislature intended all claims for money or damages against a public entity to be governed by the statutory procedure “unless specifically exempted.” (Gehman v. Superior Court (1979) 96 Cal.App.3d 257, 262 [ 158 Cal.Rptr. 62 ], disapproved on other grounds in People ex rel. 2002Code, §§ 905, 905.2), a division of this district has held that the Legislature intended all claims for money or damages against a public entity to be governed by the statutory procedure “unless specifically exempted.” (Gehman v. Superior Court (1979) 96 Cal.App.3d 257, 262 [ 158 Cal.Rptr. 62 ], disapproved on other grounds in People ex rel.	1	1
People Ex Rel. Garamendi v. American Autoplan, Inc.green calctapp · 1993 · cited in 1 California opinions naming this issue, 1995–1995 2 sentences 1995Garamendi v. American Autopian, Inc. (1993) 20 Cal.App.4th 760, 772 [ 25 Cal.Rptr.2d 192 ].) The superior court has jurisdiction in all felony proceedings. 1995Garamendi v. American Autopian, Inc. (1993) 20 Cal.App.4th 760, 772 [ 25 Cal.Rptr.2d 192 ].) The superior court has jurisdiction in all felony proceedings.	1	1
In Re Marriage of Harrisgreen calctapp · 1977 · cited in 1 California opinions naming this issue, 1993–1993 2 sentences 1993Reid, Inc. v. Department of Health Care Services (1976) 55 Cal.App.3d 418, 421 [ 127 Cal.Rptr. 685 ]; In re Marriage of Harris (1977) 74 Cal.App.3d 98, 102 [ 141 Cal.Rptr. 333 ]; Chernow v. Chernow (1954) 128 Cal.App.2d 816, 818 [ 276 P.2d 622 ].) The failure to comply with a mandatory procedural rule does not render a ruling void. 1993Reid, Inc. v. Department of Health Care Services (1976) 55 Cal.App.3d 418, 421 [ 127 Cal.Rptr. 685 ]; In re Marriage of Harris (1977) 74 Cal.App.3d 98, 102 [ 141 Cal.Rptr. 333 ]; Chernow v. Chernow (1954) 128 Cal.App.2d 816, 818 [ 276 P.2d 622 ].) The failure to comply with a mandatory procedural rule does not render a ruling void.	1	1
Halpin v. Superior Courtgreen calctapp · 1971 · cited in 1 California opinions naming this issue, 1993–1993 2 sentences 1993Corp. v. Superior Court, supra, 151 Cal.App.3d at p. 460 .) Frequently, the term, “jurisdictional” has been used to describe the mandatory nature of the rule. (2 Witkin, Cal. Procedure (3d ed. 1985) Jurisdiction, § 3, p. 368; Halpin v. Superior Court (1971) 14 Cal.App.3d 530, 545 [ 92 Cal.Rptr. 329 ]; Cade v. Superior Court, supra, 191 Cal.App.2d at p. 556 ; Myers v. Superior Court, supra, 75 Cal.App.2d at p. 929 .) However, “[t]he term ‘jurisdiction’ is used in many senses. [Citation.] The term is not synonymous with ‘mandatory’. . . .” (Neil D. 1993Corp. v. Superior Court, supra, 151 Cal.App.3d at p. 460 .) Frequently, the term, “jurisdictional” has been used to describe the mandatory nature of the rule. (2 Witkin, Cal. Procedure (3d ed. 1985) Jurisdiction, § 3, p. 368; Halpin v. Superior Court (1971) 14 Cal.App.3d 530, 545 [ 92 Cal.Rptr. 329 ]; Cade v. Superior Court, supra, 191 Cal.App.2d at p. 556 ; Myers v. Superior Court, supra, 75 Cal.App.2d at p. 929 .) However, “[t]he term ‘jurisdiction’ is used in many senses. [Citation.] The term is not synonymous with ‘mandatory’. . . .” (Neil D.	1	1
Neil D. Reid, Inc. v. Department of Health Care Servicesgreen calctapp · 1976 · cited in 1 California opinions naming this issue, 1993–1993 2 sentences 1993Reid, Inc. v. Department of Health Care Services (1976) 55 Cal.App.3d 418, 421 [ 127 Cal.Rptr. 685 ]; In re Marriage of Harris (1977) 74 Cal.App.3d 98, 102 [ 141 Cal.Rptr. 333 ]; Chernow v. Chernow (1954) 128 Cal.App.2d 816, 818 [ 276 P.2d 622 ].) The failure to comply with a mandatory procedural rule does not render a ruling void. 1993Reid, Inc. v. Department of Health Care Services (1976) 55 Cal.App.3d 418, 421 [ 127 Cal.Rptr. 685 ]; In re Marriage of Harris (1977) 74 Cal.App.3d 98, 102 [ 141 Cal.Rptr. 333 ]; Chernow v. Chernow (1954) 128 Cal.App.2d 816, 818 [ 276 P.2d 622 ].) The failure to comply with a mandatory procedural rule does not render a ruling void.	1	1
Chernow v. Chernowgreen calctapp · 1954 · cited in 1 California opinions naming this issue, 1993–1993 2 sentences 1993Reid, Inc. v. Department of Health Care Services (1976) 55 Cal.App.3d 418, 421 [ 127 Cal.Rptr. 685 ]; In re Marriage of Harris (1977) 74 Cal.App.3d 98, 102 [ 141 Cal.Rptr. 333 ]; Chernow v. Chernow (1954) 128 Cal.App.2d 816, 818 [ 276 P.2d 622 ].) The failure to comply with a mandatory procedural rule does not render a ruling void. 1993Reid, Inc. v. Department of Health Care Services (1976) 55 Cal.App.3d 418, 421 [ 127 Cal.Rptr. 685 ]; In re Marriage of Harris (1977) 74 Cal.App.3d 98, 102 [ 141 Cal.Rptr. 333 ]; Chernow v. Chernow (1954) 128 Cal.App.2d 816, 818 [ 276 P.2d 622 ].) The failure to comply with a mandatory procedural rule does not render a ruling void.	1	1
City of San Jose v. Superior Courtgreen cal · 1974 · cited in 1 California opinions naming this issue, 1984–1984 2 sentences 1984Code, § 945.4; City of San Jose v. Superior Court (1974) 12 Cal.3d 447, 454-455 [ 115 Cal.Rptr. 797 , 525 P.2d 701 , 76 A.L.R.3d 1223 ].) Despite the mandatory nature of the claim proceeding, it is equally well settled that it applies only to claims for money or damages and is not applicable to other types of judicial relief. 1984Code, § 945.4; City of San Jose v. Superior Court (1974) 12 Cal.3d 447, 454-455 [ 115 Cal.Rptr. 797 , 525 P.2d 701 , 76 A.L.R.3d 1223 ].) Despite the mandatory nature of the claim proceeding, it is equally well settled that it applies only to claims for money or damages and is not applicable to other types of judicial relief.	1	1
People v. McClellangreen cal · 1993 · cited in 1 California opinions naming this issue, 1977–1977 1 sentence 1977Nor would it characterize the requirement as a “grave and direct consequence of [the defendant’s] guilty plea.” (In re Birch (1973) 10 Cal.3d 314, 322 [ 110 Cal.Rptr. 212 , 515 P.2d 12 ], quoted with approval in People v. McClellan, supra, 6 Cal.4th at p. 376.) As appellant points out, the requirement imposes a lifelong obligation to register *1297 with local law enforcement authorities annually and upon any change of residence, and his willful failure to comply would be a felony. (§ 290, subds. (a)(1) and (g)(3).) The Attorney General also seeks to distinguish this case from Walker, in which	1	1
In Re Birchgreen cal · 1973 · cited in 1 California opinions naming this issue, 1977–1977 2 sentences 1977Nor would it characterize the requirement as a “grave and direct consequence of [the defendant’s] guilty plea.” (In re Birch (1973) 10 Cal.3d 314, 322 [ 110 Cal.Rptr. 212 , 515 P.2d 12 ], quoted with approval in People v. McClellan, supra, 6 Cal.4th at p. 376.) As appellant points out, the requirement imposes a lifelong obligation to register 1297 with local law enforcement authorities annually and upon any change of residence, and his willful failure to comply would be a felony. (§ 290, subds. (a)(1) and (g)(3).) The Attorney General also seeks to distinguish this case from Walker, in which 1977Nor would it characterize the requirement as a “grave and direct consequence of [the defendant’s] guilty plea.” (In re Birch (1973) 10 Cal.3d 314, 322 [ 110 Cal.Rptr. 212 , 515 P.2d 12 ], quoted with approval in People v. McClellan, supra, 6 Cal.4th at p. 376.) As appellant points out, the requirement imposes a lifelong obligation to register 1297 with local law enforcement authorities annually and upon any change of residence, and his willful failure to comply would be a felony. (§ 290, subds. (a)(1) and (g)(3).) The Attorney General also seeks to distinguish this case from Walker, in which	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 (10)

Case	Cited	Years
In Re Monique T. green calctapp · 1992 1 sentence 2016(Rule 5.682(c), (f).)” 14 In re Monique T. (1992) 2 Cal.App.4th 1372 (Monique T.) illustrates the mandatory nature of the rule 5.682 advisements and findings.	1	2016–2016
People v. Manzy W. green cal · 1997 1 sentence 2013In light of the mandatory nature of the requirement under section 702 and the applicable Rules of Court, and because we may not imply a finding absent a clear indication that the lower court exercised its discretion (In re Manzy W., supra, 14 Cal.4th at pp. 1204, 1209), we remand this case to the juvenile court.	1	2013–2013
Lewis C. Nelson & Sons, Inc. v. Clovis Unified Sch. Dist. green calctapp · 2001 2 sentences 2002Nelson & Sons, Inc. v. Clovis Unified School Dist. (2001) 90 Cal.App.4th 64 , 72 [ 108 Cal.Rptr.2d 715 ], quoting Baines Pickwick, Ltd. v. City of Los Angeles, supra, 72 Cal.App.4th 298, 303 .) Mindful of the mandatory nature of the claim filing requirements (see, e.g., Gov. 2002Nelson & Sons, Inc. v. Clovis Unified School Dist. (2001) 90 Cal.App.4th 64 , 72 [ 108 Cal.Rptr.2d 715 ], quoting Baines Pickwick, Ltd. v. City of Los Angeles, supra, 72 Cal.App.4th 298, 303 .) Mindful of the mandatory nature of the claim filing requirements (see, e.g., Gov.	1	2002–2002
Baines Pickwick Ltd. v. the City of Los Angeles green calctapp · 1999 1 sentence 2002Nelson & Sons, Inc. v. Clovis Unified School Dist. (2001) 90 Cal.App.4th 64 , 72 [ 108 Cal.Rptr.2d 715 ], quoting Baines Pickwick, Ltd. v. City of Los Angeles, supra, 72 Cal.App.4th 298, 303 .) Mindful of the mandatory nature of the claim filing requirements (see, e.g., Gov.	1	2002–2002
Myers v. Superior Court green calctapp · 1946 2 sentences 1993Corp. v. Superior Court, supra, 151 Cal.App.3d at p. 460 .) Frequently, the term, “jurisdictional” has been used to describe the mandatory nature of the rule. (2 Witkin, Cal. Procedure (3d ed. 1985) Jurisdiction, § 3, p. 368; Halpin v. Superior Court (1971) 14 Cal.App.3d 530, 545 [ 92 Cal.Rptr. 329 ]; Cade v. Superior Court, supra, 191 Cal.App.2d at p. 556 ; Myers v. Superior Court, supra, 75 Cal.App.2d at p. 929 .) However, “[t]he term ‘jurisdiction’ is used in many senses. [Citation.] The term is not synonymous with ‘mandatory’. . . .” (Neil D. 1993Corp. v. Superior Court, supra, 151 Cal. App.3d at p. 460 .) Frequently, the term, "jurisdictional" has been used to describe the mandatory nature of the rule. (2 Witkin, Cal. Procedure (3d ed. 1985) Jurisdiction, § 3, p. 368; Halpin v. Superior Court (1971) 14 Cal. App.3d 530, 545 [ 92 Cal. Rptr. 329 ]; Cade v. Superior Court, supra, 191 Cal. App.2d at p. 556 ; Myers v. Superior Court, supra, 75 Cal. App.2d at p. 929 .) (7, 5c) However, "[t]he term `jurisdiction' is used in many senses. [Citation.] The term is not synonymous with `mandatory'...." ( Neil D.	1	1993–1993
Lawyers Title Ins. Corp. v. Superior Court green calctapp · 1984 2 sentences 1993Corp. v. Superior Court, supra, 151 Cal.App.3d at p. 460 .) Frequently, the term, “jurisdictional” has been used to describe the mandatory nature of the rule. (2 Witkin, Cal. Procedure (3d ed. 1985) Jurisdiction, § 3, p. 368; Halpin v. Superior Court (1971) 14 Cal.App.3d 530, 545 [ 92 Cal.Rptr. 329 ]; Cade v. Superior Court, supra, 191 Cal.App.2d at p. 556 ; Myers v. Superior Court, supra, 75 Cal.App.2d at p. 929 .) However, “[t]he term ‘jurisdiction’ is used in many senses. [Citation.] The term is not synonymous with ‘mandatory’. . . .” (Neil D. 1993Corp. v. Superior Court, supra, 151 Cal. App.3d at p. 460 .) Frequently, the term, "jurisdictional" has been used to describe the mandatory nature of the rule. (2 Witkin, Cal. Procedure (3d ed. 1985) Jurisdiction, § 3, p. 368; Halpin v. Superior Court (1971) 14 Cal. App.3d 530, 545 [ 92 Cal. Rptr. 329 ]; Cade v. Superior Court, supra, 191 Cal. App.2d at p. 556 ; Myers v. Superior Court, supra, 75 Cal. App.2d at p. 929 .) (7, 5c) However, "[t]he term `jurisdiction' is used in many senses. [Citation.] The term is not synonymous with `mandatory'...." ( Neil D.	1	1993–1993
Cade v. Superior Court green calctapp · 1961 2 sentences 1993Corp. v. Superior Court, supra, 151 Cal.App.3d at p. 460 .) Frequently, the term, “jurisdictional” has been used to describe the mandatory nature of the rule. (2 Witkin, Cal. Procedure (3d ed. 1985) Jurisdiction, § 3, p. 368; Halpin v. Superior Court (1971) 14 Cal.App.3d 530, 545 [ 92 Cal.Rptr. 329 ]; Cade v. Superior Court, supra, 191 Cal.App.2d at p. 556 ; Myers v. Superior Court, supra, 75 Cal.App.2d at p. 929 .) However, “[t]he term ‘jurisdiction’ is used in many senses. [Citation.] The term is not synonymous with ‘mandatory’. . . .” (Neil D. 1993Corp. v. Superior Court, supra, 151 Cal. App.3d at p. 460 .) Frequently, the term, "jurisdictional" has been used to describe the mandatory nature of the rule. (2 Witkin, Cal. Procedure (3d ed. 1985) Jurisdiction, § 3, p. 368; Halpin v. Superior Court (1971) 14 Cal. App.3d 530, 545 [ 92 Cal. Rptr. 329 ]; Cade v. Superior Court, supra, 191 Cal. App.2d at p. 556 ; Myers v. Superior Court, supra, 75 Cal. App.2d at p. 929 .) (7, 5c) However, "[t]he term `jurisdiction' is used in many senses. [Citation.] The term is not synonymous with `mandatory'...." ( Neil D.	1	1993–1993
Midstate Theatres, Inc. v. County of Stanislaus green calctapp · 1976 1 sentence 1987The mandatory nature of rule 4 was demonstrated in Midstate Theatres, Inc. v. County of Stanislaus, supra, 55 Cal.App.3d 864, 880-881 .	1	1987–1987
Martin v. Superior Court green calctapp · 1971 2 sentences 1986Our analysis does not entirely ignore Martin v. Superior Court (1971) 17 Cal.App.3d 412 [ 95 Cal.Rptr. 110 ], which upheld the constitutionality of 655 Code of Civil Procedure section 1209.5 under similar attack. 1986Our analysis does not entirely ignore Martin v. Superior Court (1971) 17 Cal.App.3d 412 [ 95 Cal.Rptr. 110 ], which upheld the constitutionality of 655 Code of Civil Procedure section 1209.5 under similar attack.	1	1986–1986
Minsky v. City of Los Angeles green cal · 1974 2 sentences 1984(Minsky v. City of Los Angeles (1974) 11 Cal.3d 113 [ 113 Cal.Rptr. 102 , 520 P.2d 726 ].) Thus, the failure to file a claim does not bar Hospital from seeking the writ of mandate to compel County to comply with the duty imposed on it by Welfare and Institutions Code sections 17000 and 17001. 1984(Minsky v. City of Los Angeles (1974) 11 Cal.3d 113 [ 113 Cal.Rptr. 102 , 520 P.2d 726 ].) Thus, the failure to file a claim does not bar Hospital from seeking the writ of mandate to compel County to comply with the duty imposed on it by Welfare and Institutions Code sections 17000 and 17001.	1	1984–1984

Where else courts name it

IL 9 (1999–2009) CA 9 (1977–2016) TX 7 (1988–2015) PA 4 (1953–2018) IA 4 (2014–2019) FL 4 (1982–2007) OH 3 (1989–2024) NY 3 (1992–2005) IN 3 (1969–1994) NJ 3 (1983–2019) NM 3 (1970–2020) NC 2 (2003–2025) CT 2 (2000–2002) MO 2 (1992–2016) LA 2 (1962–2019) AK 2 (1974–1980) UT 2 (2013–2013) MA 2 (1983–2002)

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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