party seeks challenge (California) · Go Syfert
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party seeks challenge in California

9 California opinions name it 2 courts 2012–2024 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 (6)

CaseFollowedCited
Sole Energy Co. v. Petrominerals Corp.green
calctapp · 2005 · cited in 2 California opinions naming this issue, 2019–2019
2 sentences

2019Proc., § 904.1, subd. (a)(4).) A party's notice of appeal must identify the order or judgment appealed; however, the notice must be liberally construed. ( Cal. Rules of Court, rule 8.100(a)(2).) Where a party seeks to challenge an appealable order issued after a judgment, such as an order granting a new trial, the filing of a notice of appeal from the judgment alone *106 is insufficient to grant jurisdiction over the separately appealable order. ( Sole Energy Co. v. Petrominerals Corp. (2005) 128 Cal.App.4th 212 , 239, 26 Cal.Rptr.3d 798 ( Sole ).) However, a notice is sufficient " 'to protect

2019Proc., § 904.1, subd. (a)(4).) A party's notice of appeal must identify the order or judgment appealed; however, the notice must be liberally construed. ( Cal. Rules of Court, rule 8.100(a)(2).) Where a party seeks to challenge an appealable order issued after a judgment, such as an order granting a new trial, the filing of a notice of appeal from the judgment alone *106 is insufficient to grant jurisdiction over the separately appealable order. ( Sole Energy Co. v. Petrominerals Corp. (2005) 128 Cal.App.4th 212 , 239, 26 Cal.Rptr.3d 798 ( Sole ).) However, a notice is sufficient " 'to protect

12
Burch v. Certainteed Corp.green
calctapp5d · 2019 · cited in 1 California opinions naming this issue, 2024–2024
1 sentence

2024“Where a party seeks to challenge an appealable order issued after a judgment, . . . the filing of a notice of appeal from the judgment alone is insufficient to grant jurisdiction over the separately appealable order.” (Burch v. CertainTeed Corporation (2019) 34 Cal.App.5th 341, 347 (Burch).) An “[a]ppellant cannot obtain review of the postjudgment order simply by including the postjudgment proceedings in the record on appeal from the judgment.” (Eisenberg et al., Cal. Practice Guide: Civil Appeals and Writs, supra, ¶¶ 3:119.1—3:119.2 (CACIVAPP Ch. 3-E).) Nothing in Rockstar’s notice of appeal

11
Rickards v. United Parcel Service, Inc.green
calctapp · 2012 · cited in 1 California opinions naming this issue, 2016–2016
1 sentence

2016(Serri v. Santa Clara University (2014) 226 Cal.App.4th 830, 852 ; see Rickards v. United Parcel Service, Inc. (2012) 206 Cal.App.4th 1523 , 1526 & fn. 2 ["The trial court did not rule on the parties' evidentiary objections, but no one argues on appeal that any of the evidentiary objections should have been sustained"].) City's incorporation of objections by reference in its respondent's brief does not suffice.

11
People v. Hamlingreen
calctapp · 2009 · cited in 1 California opinions naming this issue, 2015–2015
2 sentences

2015(E.g., People v. Hamlin (2009) 170 Cal.App.4th 1412, 1463 [ 89 Cal.Rptr.3d 402 ].) However, we overlooked the question of just what issue, exactly, the trial court was supposed to be deciding.

2015(E.g., People v. Hamlin (2009) 170 Cal.App.4th 1412, 1463 [ 89 Cal.Rptr.3d 402 ].) However, we overlooked the question of just what issue, exactly, the trial court was supposed to be deciding.

11
In re Davidgreen
calctapp · 2012 · cited in 1 California opinions naming this issue, 2012–2012
2 sentences

2012(In re Martinez (2009) 46 Cal.4th 945, 955 [ 95 Cal.Rptr.3d 570 , 209 P.3d 908 ]; In re David (2012) 202 Cal.App.4th 675, 681 [ 135 Cal.Rptr.3d 855 ].) In our view, a similar test should apply when a party seeks a hearing on a recusal motion under Penal Code section 1424: the party seeking an evidentiary hearing must make a prima facie showing by affidavit; a prima facie showing refers to those facts demonstrated by admissible evidence, which would sustain a favorable decision if the evidence submitted by the movant is credited. 32 In this case, however, Spaccia failed to make such a showing.

2012(In re Martinez (2009) 46 Cal.4th 945, 955 [ 95 Cal.Rptr.3d 570 , 209 P.3d 908 ]; In re David (2012) 202 Cal.App.4th 675, 681 [ 135 Cal.Rptr.3d 855 ].) In our view, a similar test should apply when a party seeks a hearing on a recusal motion under Penal Code section 1424: the party seeking an evidentiary hearing must make a prima facie showing by affidavit; a prima facie showing refers to those facts demonstrated by admissible evidence, which would sustain a favorable decision if the evidence submitted by the movant is credited. 32 In this case, however, Spaccia failed to make such a showing.

11
In Re Martinezgreen
cal · 2009 · cited in 1 California opinions naming this issue, 2012–2012
2 sentences

2012(In re Martinez (2009) 46 Cal.4th 945, 955 [ 95 Cal.Rptr.3d 570 , 209 P.3d 908 ]; In re David (2012) 202 Cal.App.4th 675, 681 [ 135 Cal.Rptr.3d 855 ].) In our view, a similar test should apply when a party seeks a hearing on a recusal motion under Penal Code section 1424: the party seeking an evidentiary hearing must make a prima facie showing by affidavit; a prima facie showing refers to those facts demonstrated by admissible evidence, which would sustain a favorable decision if the evidence submitted by the movant is credited. 32 In this case, however, Spaccia failed to make such a showing.

2012(In re Martinez (2009) 46 Cal.4th 945, 955 [ 95 Cal.Rptr.3d 570 , 209 P.3d 908 ]; In re David (2012) 202 Cal.App.4th 675, 681 [ 135 Cal.Rptr.3d 855 ].) In our view, a similar test should apply when a party seeks a hearing on a recusal motion under Penal Code section 1424: the party seeking an evidentiary hearing must make a prima facie showing by affidavit; a prima facie showing refers to those facts demonstrated by admissible evidence, which would sustain a favorable decision if the evidence submitted by the movant is credited. 32 In this case, however, Spaccia failed to make such a showing.

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 (13)

CaseCitedYears
In Re Matthew C. red
cal · 1993
1 sentence

2021(In re S.B. (2009) 46 Cal.4th 529 , 532; In re Matthew C. (1993) 6 Cal.4th 386, 393 .) Additionally, when a party seeks to challenge an order because of ineffective assistance of counsel, the customary way to do so is by filing a timely petition for writ of habeas corpus in the juvenile court.

12021–2021
In Re Jackson W. green
calctapp · 2010
1 sentence

2021(In re Jackson W. (2010) 184 Cal.App.4th 247, 258-259 ; In re Paul W. (2007) 151 Cal.App.4th 37, 53 .) Here, mother did not timely appeal from the disposition order or file an accompanying petition for writ of habeas corpus.

12021–2021
In Re Paul W. green
calctapp · 2007
1 sentence

2021(In re Jackson W. (2010) 184 Cal.App.4th 247, 258-259 ; In re Paul W. (2007) 151 Cal.App.4th 37, 53 .) Here, mother did not timely appeal from the disposition order or file an accompanying petition for writ of habeas corpus.

12021–2021
In Re SB green
cal · 2009
1 sentence

2021(In re S.B. (2009) 46 Cal.4th 529 , 532; In re Matthew C. (1993) 6 Cal.4th 386, 393 .) Additionally, when a party seeks to challenge an order because of ineffective assistance of counsel, the customary way to do so is by filing a timely petition for writ of habeas corpus in the juvenile court.

12021–2021
Los Angeles County Department of Children & Family Services v. Penny S. green
cal · 2007
2 sentences

2019Proc., § 904.1, subd. (a)(4).) A party's notice of appeal must identify the order or judgment appealed; however, the notice must be liberally construed. ( Cal. Rules of Court, rule 8.100(a)(2).) Where a party seeks to challenge an appealable order issued after a judgment, such as an order granting a new trial, the filing of a notice of appeal from the judgment alone *106 is insufficient to grant jurisdiction over the separately appealable order. ( Sole Energy Co. v. Petrominerals Corp. (2005) 128 Cal.App.4th 212 , 239, 26 Cal.Rptr.3d 798 ( Sole ).) However, a notice is sufficient " 'to protect

2019Proc., § 904.1, subd. (a)(4).) A party's notice of appeal must identify the order or judgment appealed; however, the notice must be liberally construed. ( Cal. Rules of Court, rule 8.100(a)(2).) Where a party seeks to challenge an appealable order issued after a judgment, such as an order granting a new trial, the filing of a notice of appeal from the judgment alone *106 is insufficient to grant jurisdiction over the separately appealable order. ( Sole Energy Co. v. Petrominerals Corp. (2005) 128 Cal.App.4th 212 , 239, 26 Cal.Rptr.3d 798 ( Sole ).) However, a notice is sufficient " 'to protect

12019–2019
People v. De Leon green
calctapp · 1992
1 sentence

2016A claim is barred under the doctrine “if trial counsel both ‘ “intentionally caused the trial court to err” ’ and clearly did so for tactical reasons. [Citation.] Invited error will be found, however, only if counsel expresses a deliberate tactical purpose in resisting or acceding to the complained-of instruction.” (People v. Souza (2012) 54 Cal.4th 90, 114 .) The invited error concept is thus limited to the narrow circumstance in which “the record indicated a ‘deliberate’ or ‘expressed’ tactical decision by counsel to forego a particular instruction which the court was otherwise obliged to re

12016–2016
Transport Insurance v. TIG Insurance green
calctapp · 2012
1 sentence

2016Co. (2012) 202 Cal.App.4th 984, 1000 .) The invited error doctrine does not preclude review of a party’s claim in all instances where the party seeks to challenge an instructional omission that his action or inaction helped to bring about.

12016–2016
People v. Souza green
cal · 2012
1 sentence

2016A claim is barred under the doctrine “if trial counsel both ‘ “intentionally caused the trial court to err” ’ and clearly did so for tactical reasons. [Citation.] Invited error will be found, however, only if counsel expresses a deliberate tactical purpose in resisting or acceding to the complained-of instruction.” (People v. Souza (2012) 54 Cal.4th 90, 114 .) The invited error concept is thus limited to the narrow circumstance in which “the record indicated a ‘deliberate’ or ‘expressed’ tactical decision by counsel to forego a particular instruction which the court was otherwise obliged to re

12016–2016
Reid v. Google, Inc. green
cal · 2010
1 sentence

2016(Reid v. Google, Inc. (2010) 50 Cal.4th 512, 534 .) That rule, however, does not eliminate a party's obligation on appeal to demonstrate error in any evidentiary ruling; if a party seeks to challenge such rulings it has the burden to establish the court abused its discretion in so ruling.

12016–2016
People v. Graham green
cal · 1969
1 sentence

2016A claim is barred under the doctrine “if trial counsel both ‘ “intentionally caused the trial court to err” ’ and clearly did so for tactical reasons. [Citation.] Invited error will be found, however, only if counsel expresses a deliberate tactical purpose in resisting or acceding to the complained-of instruction.” (People v. Souza (2012) 54 Cal.4th 90, 114 .) The invited error concept is thus limited to the narrow circumstance in which “the record indicated a ‘deliberate’ or ‘expressed’ tactical decision by counsel to forego a particular instruction which the court was otherwise obliged to re

12016–2016
Serri v. Santa Clara University green
calctapp · 2014
1 sentence

2016(Serri v. Santa Clara University (2014) 226 Cal.App.4th 830, 852 ; see Rickards v. United Parcel Service, Inc. (2012) 206 Cal.App.4th 1523 , 1526 & fn. 2 ["The trial court did not rule on the parties' evidentiary objections, but no one argues on appeal that any of the evidentiary objections should have been sustained"].) City's incorporation of objections by reference in its respondent's brief does not suffice.

12016–2016
Torres v. City of San Diego green
calctapp · 2007
1 sentence

2015(Torres, supra, 154 Cal.App.4th at p. 222 .) Here, the Varleys argue that effectively or impliedly, the judgment was substantively "amended" by the terms of the postjudgment rulings, and that the single notice of appeal gave us jurisdiction to address all their claims about the lack of foundation in the judgment for the rulings.

12015–2015
Spaccia v. Superior Court green
calctapp · 2012
1 sentence

2015If it appears to the court that the best interests of the child may be promoted by the proposed change of order, the court shall order that a hearing be held on the issue. [Citation.] The courts have concluded that a ‘parent need only make a prima facie showing to trigger the right to proceed by way of a full hearing.’ [Citation.] ‘A “prima facie” showing refers to those facts which will sustain a favorable decision if the evidence submitted in support of the allegations by the petitioner is credited.’ [Citation.] Similarly, an inmate *1164 seeking habeas corpus relief must state a prima facie

12015–2015

Where else courts name it

PA 18 (2003–2025) CA 9 (2012–2024) FL 9 (1977–2023) IL 7 (2015–2025) TX 4 (2010–2020) GA 3 (2019–2025) TN 3 (2010–2026) AL 2 (2018–2018) NY 2 (2018–2025) WV 2 (2001–2006) NC 2 (1985–1995) RI 2 (1991–2002) OH 2 (2020–2024)

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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