penalties violation (California) · Go Syfert
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penalties violation in California

9 California opinions name it 2 courts 1958–2020 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)

CaseFollowedCited
Michael G. v. Superior Courtgreen
cal · 1988 · cited in 6 California opinions naming this issue, 1995–2013
2 sentences

2013Appeals Bd. (1989) 213 Cal.App.3d 156, 164 [ 259 Cal.Rptr. 414 ] [because board may conduct contempt proceedings “ ‘to the same extent as courts of record,’ ” it “must follow the applicable provisions of the Code of Civil Procedure pertaining to contempts”].) Without much discussion, the court in Michael G. assumed that at least one of the statutory contempt provisions contained in the Code of Civil Procedure applies to contempt proceedings in the juvenile court under Welfare and Institutions Code section 213, stating; “While no case has yet construed the *61 scope of [section 213], the penalt

2007“While no case has yet construed the scope of this section, the penalties for violation of section 213 are apparently those set forth in Code of Civil Procedure section 1218 for contempts generally: a fine of up to $1,000, imprisonment of up to five days, or both.” (In re Michael G. (1988) 44 Cal.3d 283, 289, fn. 3 [ 243 Cal.Rptr. 224 , 747 P.2d 1152 ].) We are aware of no authority, and the parties have cited none, authorizing a court to impose an evidence sanction, of the type meted out here, as punishment for contempt.

56
People v. Perrygreen
calctapp5d · 2019 · cited in 1 California opinions naming this issue, 2020–2020
1 sentence

2020Further, except for the inclusion of the statutory language of section 11362.45, subdivision (d) in the Official Voter Information Guide for the November 8, 2016 election (Voter Guide), the electorate was provided with no additional information about the existing laws prohibiting the possession of cannabis in correctional institutions or how Proposition 64 would impact those laws. 6 (Perry, supra, 32 Cal.App.5th at p. 895 [summarizing the contents of the Voter's Guide by 5 Penal Code section 4573 contains a broad description of numerous types of correctional institutions, namely, "any state pr

11
Crawford v. Workers' Compensation Appeals Boardgreen
calctapp · 1989 · cited in 1 California opinions naming this issue, 2013–2013
2 sentences

2013Appeals Bd. (1989) 213 Cal.App.3d 156, 164 [ 259 Cal.Rptr. 414 ] [because board may conduct contempt proceedings “ ‘to the same extent as courts of record,’ ” it “must follow the applicable provisions of the Code of Civil Procedure pertaining to contempts”].) Without much discussion, the court in Michael G. assumed that at least one of the statutory contempt provisions contained in the Code of Civil Procedure applies to contempt proceedings in the juvenile court under Welfare and Institutions Code section 213, stating; “While no case has yet construed the *61 scope of [section 213], the penalt

2013Appeals Bd. (1989) 213 Cal.App.3d 156, 164 [ 259 Cal.Rptr. 414 ] [because board may conduct contempt proceedings “ ‘to the same extent as courts of record,’ ” it “must follow the applicable provisions of the Code of Civil Procedure pertaining to contempts”].) Without much discussion, the court in Michael G. assumed that at least one of the statutory contempt provisions contained in the Code of Civil Procedure applies to contempt proceedings in the juvenile court under Welfare and Institutions Code section 213, stating; “While no case has yet construed the *61 scope of [section 213], the penalt

11
In Re Witherspoongreen
calctapp · 1984 · cited in 1 California opinions naming this issue, 1995–1995
2 sentences

1995(In re Michael G., supra, 44 Cal.3d 283, 289, fn. 3 .) Although respondent implies that there is no preclusion because Penal Code section 166 is criminal in nature, while civil contempts under section 213 and Code of Civil Procedure section 1218 are not, the law is clear that “[a] civil contempt proceeding is criminal in nature because of the penalties that may be imposed.” (In re Witherspoon (1984) 162 Cal.App.3d 1000, 1001 [ 209 Cal.Rptr. 67 ].) We also reject respondent’s argument that section 213 is not a special statute because it can refer to either civil or criminal contempt.

1995(In re Michael G., supra, 44 Cal.3d 283, 289, fn. 3 .) Although respondent implies that there is no preclusion because Penal Code section 166 is criminal in nature, while civil contempts under section 213 and Code of Civil Procedure section 1218 are not, the law is clear that “[a] civil contempt proceeding is criminal in nature because of the penalties that may be imposed.” (In re Witherspoon (1984) 162 Cal.App.3d 1000, 1001 [ 209 Cal.Rptr. 67 ].) We also reject respondent’s argument that section 213 is not a special statute because it can refer to either civil or criminal contempt.

11
Cullinan v. McColgangreen
calctapp · 1947 · cited in 1 California opinions naming this issue, 1958–1958
2 sentences

1958(Knudsen Creamery Co. v. Brock, 37 Cal.2d 485 [ 234 P.2d 26 ]; Cullinan v. McColgan, 80 Cal.App.2d 976, 980 [ 183 P.2d 115 ].) Section 1300.19 of the act, as hereinbefore set forth, enumerates the penalties for violation of the Act and of “any marketing order issued by the director.” Violation of any marketing order is declared a misdemeanor and the Act also provides that as a civil penalty a person violating any marketing order “shall be liable in an amount not to exceed the sum of five hundred dollars ($500) for each violation.” We do not believe that the director could enlarge upon these pr

1958(Knudsen Creamery Co. v. Brock, 37 Cal.2d 485 [ 234 P.2d 26 ]; Cullinan v. McColgan, 80 Cal.App. 2d 976, 980 [ 183 P.2d 115 ].) [1b] Section 1300.19 of the act, as hereinbefore set forth, enumerates the penalties for violation of the Act and of "any marketing order issued by the director." Violation of any marketing order is declared a misdemeanor and the Act also provides that as a civil penalty a person violating any marketing order "shall be liable in an amount not to exceed the sum of five hundred dollars ($500) for each violation." We do not believe that the director could enlarge upon th

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 (5)

CaseCitedYears
People v. Dillon green
cal · 1926
1 sentence

2011Our holding is not inconsistent with Dillon, supra, 199 Cal. 1 .

12011–2011
San Diego County Department of Social Services v. Gerald J. green
calctapp · 1991
2 sentences

2006When a parent is absent without good cause at a properly noticed hearing, the court is entitled to proceed in the parent's absence. ( In re Christopher A. (1991) 226 Cal.App.3d 1154 , 1162 [ 277 Cal.Rptr. 302 ].) A parent's failure to appear will not normally constitute the good cause *Page 1132 necessary to justify a continuance ( In re Gerald J. (1991) 1 Cal.App.4th 1180 , 1187 [ 2 Cal.Rptr.2d 569 ]), because substantial importance is attached to "the child's need for a prompt resolution of the matter" (Seiser Kumli, Cal. Juvenile Courts Practice and Procedure (2005 ed.) § 2.104[5], p. 2-169

2006When a parent is absent without good cause at a properly noticed hearing, the court is entitled to proceed in the parent's absence. ( In re Christopher A. (1991) 226 Cal.App.3d 1154 , 1162 [ 277 Cal.Rptr. 302 ].) A parent's failure to appear will not normally constitute the good cause *Page 1132 necessary to justify a continuance ( In re Gerald J. (1991) 1 Cal.App.4th 1180 , 1187 [ 2 Cal.Rptr.2d 569 ]), because substantial importance is attached to "the child's need for a prompt resolution of the matter" (Seiser Kumli, Cal. Juvenile Courts Practice and Procedure (2005 ed.) § 2.104[5], p. 2-169

12006–2006
San Diego County Department of Social Services v. Manuel A. green
calctapp · 1991
2 sentences

2006When a parent is absent without good cause at a properly noticed hearing, the court is entitled to proceed in the parent's absence. ( In re Christopher A. (1991) 226 Cal.App.3d 1154 , 1162 [ 277 Cal.Rptr. 302 ].) A parent's failure to appear will not normally constitute the good cause *Page 1132 necessary to justify a continuance ( In re Gerald J. (1991) 1 Cal.App.4th 1180 , 1187 [ 2 Cal.Rptr.2d 569 ]), because substantial importance is attached to "the child's need for a prompt resolution of the matter" (Seiser Kumli, Cal. Juvenile Courts Practice and Procedure (2005 ed.) § 2.104[5], p. 2-169

2006When a parent is absent without good cause at a properly noticed hearing, the court is entitled to proceed in the parent's absence. ( In re Christopher A. (1991) 226 Cal.App.3d 1154 , 1162 [ 277 Cal.Rptr. 302 ].) A parent's failure to appear will not normally constitute the good cause *Page 1132 necessary to justify a continuance ( In re Gerald J. (1991) 1 Cal.App.4th 1180 , 1187 [ 2 Cal.Rptr.2d 569 ]), because substantial importance is attached to "the child's need for a prompt resolution of the matter" (Seiser Kumli, Cal. Juvenile Courts Practice and Procedure (2005 ed.) § 2.104[5], p. 2-169

12006–2006
McComber v. Wells green
calctapp · 1999
2 sentences

2006Finally, the agency has cited no authority for the proposition that the penalty imposed below is one of the sanctions available to a juvenile court that finds a parent in contempt for failing to appear at a prior proceeding. ( McComber v. Wells (1999) 72 Cal.App.4th 512 , 522-523 [ 85 Cal.Rptr.2d 376 ] [appellate courts may treat issues as waived when unsupported by citation to authority].) And we question whether it is an available sanction. ( In re Michael G. (1988) 44 Cal.3d 283 , 289 , fn. 3 [ 243 Cal.Rptr. 224 , 747 P.2d 1152 ] ["the penalties for violation of [Welfare and Institutions Co

2006Finally, the agency has cited no authority for the proposition that the penalty imposed below is one of the sanctions available to a juvenile court that finds a parent in contempt for failing to appear at a prior proceeding. ( McComber v. Wells (1999) 72 Cal.App.4th 512 , 522-523 [ 85 Cal.Rptr.2d 376 ] [appellate courts may treat issues as waived when unsupported by citation to authority].) And we question whether it is an available sanction. ( In re Michael G. (1988) 44 Cal.3d 283 , 289 , fn. 3 [ 243 Cal.Rptr. 224 , 747 P.2d 1152 ] ["the penalties for violation of [Welfare and Institutions Co

12006–2006
Knudsen Creamery Co. v. Brock green
cal · 1951
2 sentences

1958(Knudsen Creamery Co. v. Brock, 37 Cal.2d 485 [ 234 P.2d 26 ]; Cullinan v. McColgan, 80 Cal.App. 2d 976, 980 [ 183 P.2d 115 ].) [1b] Section 1300.19 of the act, as hereinbefore set forth, enumerates the penalties for violation of the Act and of "any marketing order issued by the director." Violation of any marketing order is declared a misdemeanor and the Act also provides that as a civil penalty a person violating any marketing order "shall be liable in an amount not to exceed the sum of five hundred dollars ($500) for each violation." We do not believe that the director could enlarge upon th

1958(Knudsen Creamery Co. v. Brock, 37 Cal.2d 485 [ 234 P.2d 26 ]; Cullinan v. McColgan, 80 Cal.App. 2d 976, 980 [ 183 P.2d 115 ].) [1b] Section 1300.19 of the act, as hereinbefore set forth, enumerates the penalties for violation of the Act and of "any marketing order issued by the director." Violation of any marketing order is declared a misdemeanor and the Act also provides that as a civil penalty a person violating any marketing order "shall be liable in an amount not to exceed the sum of five hundred dollars ($500) for each violation." We do not believe that the director could enlarge upon th

11958–1958

Where else courts name it

PA 12 (1915–2025) CA 9 (1958–2020) OR 7 (1921–2019) LA 7 (1943–2008) NE 7 (1972–2021) FL 6 (1975–2006) NY 6 (1903–1996) GA 6 (1930–2018) IA 5 (1925–2017) IL 5 (1910–2021) CO 4 (2002–2021) AL 4 (1940–1983) MI 4 (1924–2011) NC 4 (2015–2024) NJ 4 (1973–2019) TX 4 (1976–2025) MT 2 (1909–1929) OH 2 (1925–2022) KY 2 (1910–1919) HI 2 (1912–1986) MS 2 (1961–1967) KS 2 (1916–1996) NM 2 (1998–2001) MD 2 (1982–2019)

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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