9 California opinions name it 2 courts 1960–2015 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.
| Case | Followed | Cited |
|---|---|---|
People v. Blankenshipgreen1 sentence2014(Cf. People v. Blankenship (1989) 213 Cal.App.3d 992, 997, fn. 4 [“To the extent case law suggests a defendant is entitled to a hearing and proof of the losses for restitution under [Penal Code] section 1203.1 even in the absence of a request, [citations], we hold 16 that level of due process is not required for a restitution order under Government Code section 13967]”.) DISPOSITION Defendant forfeited the right to raise the issue of victim restitution on appeal and also impliedly waived the right to request a hearing on the amount of victim restitution when defense trial counsel, after condit | 1 | 1 |
Estate of Ferrallgreen2 sentences1995One hundred years ago, New York’s highest court explained in Bryant v. Thompson, supra, 128 N.Y. at pages 432-435 [28 N.E. at pages 523-525], a case this court has previously relied upon for guidance in this area of the law (see Estate of Ferrall, supra, 33 Cal.2d at p. 204), why even in cases where a fiduciary has the right to request instruction from a trial court as to whether a beneficiary’s action is a contest within the meaning of a no contest clause, the fiduciary is not aggrieved by and may not appeal the court’s resulting order. 1995One hundred years ago, New York's highest court explained in Bryant v. Thompson, supra, 128 N.Y. at pages 432-435 [28 N.E. at pages 523-525], a case this court has previously relied upon for guidance in this area of the law (see Estate of Ferrall, supra, 33 Cal.2d at p. 204), why even in cases where a fiduciary has the right to request instruction from a trial court as to whether a beneficiary's action is a contest within the meaning of a no contest clause, the fiduciary is not aggrieved by and may not appeal the court's resulting order. | 1 | 1 |
Sale v. Railroad Commissiongreen2 sentences1993(See Sale v. Railroad Commission (1940) 15 Cal.2d 612, 614-615 [ 104 P.2d 38 ]; 32 Ops.Cal.Atty.Gen. 297 (1959).) With respect to the issuance of licenses under the Radiation Control Law, the Legislature clearly intended to give any person whose interest may be affected the right to request a hearing. 1993(See Sale v. Railroad Commission (1940) 15 Cal.2d 612, 614-615 [ 104 P.2d 38 ]; 32 Ops.Cal.Atty.Gen. 297 (1959).) With respect to the issuance of licenses under the Radiation Control Law, the Legislature clearly intended to give any person whose interest may be affected the right to request a hearing. | 1 | 1 |
De Stackelberg v. Lamb Transportation Co.green2 sentences1960Particularly is this true because (plaintiff) did not request a modification of the pretrial conference order, which he had a right to request under rule 8.7.’ ” See also the more recent cases o£ Crowell v. Braly, supra, 169 Cal.App.2d 352, 355-356 [ 337 P.2d 211 ]; De Stackelberg v. Lamb Transportation Co., 168 Cal.App.2d 174, 180 [ 335 P.2d 522 ], The provisions of the Corporations Code were satisfied. 1960Particularly is this true because (plaintiff) did not request a modification of the pretrial conference order, which he had a right to request under rule 8.7.’ ” See also the more recent cases o£ Crowell v. Braly, supra, 169 Cal.App.2d 352, 355-356 [ 337 P.2d 211 ]; De Stackelberg v. Lamb Transportation Co., 168 Cal.App.2d 174, 180 [ 335 P.2d 522 ], The provisions of the Corporations Code were satisfied. | 1 | 1 |
Crowell v. Bralygreen2 sentences1960Particularly is this true because (plaintiff) did not request a modification of the pretrial conference order, which he had a right to request under rule 8.7.’ ” See also the more recent cases o£ Crowell v. Braly, supra, 169 Cal.App.2d 352, 355-356 [ 337 P.2d 211 ]; De Stackelberg v. Lamb Transportation Co., 168 Cal.App.2d 174, 180 [ 335 P.2d 522 ], The provisions of the Corporations Code were satisfied. 1960Particularly is this true because (plaintiff) did not request a modification of the pretrial conference order, which he had a right to request under rule 8.7.’ ” See also the more recent cases o£ Crowell v. Braly, supra, 169 Cal.App.2d 352, 355-356 [ 337 P.2d 211 ]; De Stackelberg v. Lamb Transportation Co., 168 Cal.App.2d 174, 180 [ 335 P.2d 522 ], The provisions of the Corporations Code were satisfied. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in California. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
People v. O'CONNELL
green
1 sentence2015Citing People v. O’Connell (2003) 107 Cal.App.4th 1062 , at pages 1067-1068, and People v. Pacheco (2010) 187 Cal.App.4th 1392 , at pages 1401 and 1404, defendant maintains that a remand to the trial court is warranted to determine a defendant’s ability to pay where the record does not indicate that any determination of ability to pay was previously made. | 1 | 2015–2015 |
People v. Pacheco
green
1 sentence2015Citing People v. O’Connell (2003) 107 Cal.App.4th 1062 , at pages 1067-1068, and People v. Pacheco (2010) 187 Cal.App.4th 1392 , at pages 1401 and 1404, defendant maintains that a remand to the trial court is warranted to determine a defendant’s ability to pay where the record does not indicate that any determination of ability to pay was previously made. | 1 | 2015–2015 |
Mileikowsky v. West Hills Hospital & Medical Center
green
1 sentence2013(See Mileikowsky, supra, 45 Cal.4th at pp. 1268-1269 ["A physician . . . has the right to have a second body of peers independently determine whether a peer review committee's recommendation . . . [was] reasonable and warranted . . . ."].) Nothing in these provisions contemplates an open-ended proceeding where the JRC subsumes the role of the MEC to determine, in the first instance, whether a physician who has been previously sanctioned is later fit for reinstatement. | 1 | 2013–2013 |
Zuniga v. Los Angeles County Civil Service Commission
green
1 sentence2011(Ibid.) On appeal, the appellate court concluded that Zuniga’s petition failed not on the merits of the suspension decision, but because “the Commission lacked jurisdiction to adjudicate Zuniga’s claim after he resigned from the Department.. . .” (Ibid.) The Zuniga court found that there was “no provision in the charter granting the Commission authority to hear a wage claim brought by a former civil servant.” (Zuniga, supra, 137 Cal.App.4th at p. 1259 .) The court observed that the commission does have jurisdiction over former employees in certain limited circumstances, and, in particular, a d | 1 | 2011–2011 |
Daniels v. McMahon
green
1 sentence1994(MPP, § 44-313.2.) “Thus, if a family receives income other than AFDC in January, its AFDC grant for March will be reduced by the amount [of] its income in January . . . . [1] Before an AFDC grant can be reduced or terminated, the family must be given advance notice of the proposed action and a right to request a hearing before the reduction or termination takes place. [Citations.] If the family requests a hearing, aid continues uninterrupted until after the hearing is held. [Citation.]” (Daniels v. McMahon, supra, 4 Cal.App.4th 48, 52 .) Appellant contends that the trial court erred when it f | 1 | 1994–1994 |
Goldberg v. Kelly
green
2 sentences1992(Goldberg v. Kelly (1970) 397 U.S. 254 [ 25 L.Ed.2d 287 , 90 S.Ct. 1011 ]; 45 C.F.R. § 205.10 .) If the family requests a hearing, aid continues uninterrupted until after the hearing is held. 1992(Goldberg v. Kelly (1970) 397 U.S. 254 [ 25 L.Ed.2d 287 , 90 S.Ct. 1011 ]; 45 C.F.R. § 205.10 .) If the family requests a hearing, aid continues uninterrupted until after the hearing is held. | 1 | 1992–1992 |
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.