answer defense (California) · Go Syfert
← California issues

answer defense in California

67 California opinions name it 2 courts 1881–2026 13 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 (32)

CaseFollowedCited
Desny v. Wildergreen
cal · 1956 · cited in 5 California opinions naming this issue, 1957–2022
2 sentences

2022(See Desny v. Wilder (1956) 46 Cal.2d 715, 729 [“[t]his court, of course, is not bound to accept concessions of parties as establishing the law applicable to a case”]; Tun v. Wells Fargo Dealer Services, Inc. (2016) 5 Cal.App.5th 309, 327 [“[q]uite simply, we are not bound to follow the meaning of a statute (or the law) conceded by a party”]; Bell v. Tri-City Hospital Dist. (1987) 196 Cal.App.3d 438, 449 [“the Bells’ counsel’s erroneous concession cannot and should not prevent this court from applying sound legal principles to the objective facts disclosed by the record”]; Pease v. Brown (1960

1960Co. v. Seaboard Surety Co., 155 Cal.App.2d *699 192, 200 [ 318 P.2d 84 ], becomes pertinent: “If it be said that the views herein expressed depart from the theory upon which the ease was tried the answer is that the rule confining the parties upon appeal to the theory pursued below does not apply to a question which is one of law only (Panopulos v. Maderis, 47 Cal.2d 337, 341 [ 303 P.2d 738 ]), and that an appellate court is never bound by concessions of counsel as to the applicable law (Desny v. Wilder, 46 Cal.2d 715, 729 [ 299 P.2d 257 ]) or by the interpretation of documents made by the tri

55
Estate of Plattgreen
cal · 1942 · cited in 4 California opinions naming this issue, 1957–1960
2 sentences

1960Co. v. Seaboard Surety Co., 155 Cal.App.2d *699 192, 200 [ 318 P.2d 84 ], becomes pertinent: “If it be said that the views herein expressed depart from the theory upon which the ease was tried the answer is that the rule confining the parties upon appeal to the theory pursued below does not apply to a question which is one of law only (Panopulos v. Maderis, 47 Cal.2d 337, 341 [ 303 P.2d 738 ]), and that an appellate court is never bound by concessions of counsel as to the applicable law (Desny v. Wilder, 46 Cal.2d 715, 729 [ 299 P.2d 257 ]) or by the interpretation of documents made by the tri

1960Co. v. Seaboard Surety Co., 155 Cal.App.2d *699 192, 200 [ 318 P.2d 84 ], becomes pertinent: “If it be said that the views herein expressed depart from the theory upon which the ease was tried the answer is that the rule confining the parties upon appeal to the theory pursued below does not apply to a question which is one of law only (Panopulos v. Maderis, 47 Cal.2d 337, 341 [ 303 P.2d 738 ]), and that an appellate court is never bound by concessions of counsel as to the applicable law (Desny v. Wilder, 46 Cal.2d 715, 729 [ 299 P.2d 257 ]) or by the interpretation of documents made by the tri

44
Panopulos v. Maderisgreen
cal · 1956 · cited in 4 California opinions naming this issue, 1957–1960
2 sentences

1960Co. v. Seaboard Surety Co., 155 Cal.App.2d *699 192, 200 [ 318 P.2d 84 ], becomes pertinent: “If it be said that the views herein expressed depart from the theory upon which the ease was tried the answer is that the rule confining the parties upon appeal to the theory pursued below does not apply to a question which is one of law only (Panopulos v. Maderis, 47 Cal.2d 337, 341 [ 303 P.2d 738 ]), and that an appellate court is never bound by concessions of counsel as to the applicable law (Desny v. Wilder, 46 Cal.2d 715, 729 [ 299 P.2d 257 ]) or by the interpretation of documents made by the tri

1960Co. v. Seaboard Surety Co., 155 Cal.App.2d *699 192, 200 [ 318 P.2d 84 ], becomes pertinent: “If it be said that the views herein expressed depart from the theory upon which the ease was tried the answer is that the rule confining the parties upon appeal to the theory pursued below does not apply to a question which is one of law only (Panopulos v. Maderis, 47 Cal.2d 337, 341 [ 303 P.2d 738 ]), and that an appellate court is never bound by concessions of counsel as to the applicable law (Desny v. Wilder, 46 Cal.2d 715, 729 [ 299 P.2d 257 ]) or by the interpretation of documents made by the tri

44
CPS v. TIG Specialty Ins. Co.green
cal · 2002 · cited in 5 California opinions naming this issue, 2021–2024
2 sentences

2024Co. (2002) 29 Cal.4th 189, 198 [under Code of Civil Procedure section 431.70 a defendant may “assert the setoff defensively to defeat the plaintiff’s claim in whole or in part”]; Morris Cerullo World Evangelism v. Newport Harbor Offices & Marina, LLC (2021) 67 Cal.App.5th 1149 , 1159 [“The right to a setoff is based on the equitable principle that when parties in litigation hold cross-demands for money, one demand should be applied against the other and the plaintiff may recover the balance due, if any.”]; see also Nymark v. Heart Fed.

2022Co. (2002) 29 Cal.4th 189 , 197–198; see Morris Cerullo World Evangelism v. Newport Harbor Offices & Marina, LLC (2021) 67 Cal.App.5th 1149 , 1159 [section 431.70 codifies the “affirmative defense of setoff ”]; Wm.

25
Griffith v. Pajaro Valley Water Management Agencygreen
calctapp · 2013 · cited in 2 California opinions naming this issue, 2025–2025
2 sentences

2025(Coziahr, supra, 103 Cal.App.5th at p. 830, fn. 23; Griffith, supra, 220 Cal.App.4th at p. 601 [there may be more than one method of apportioning costs of service under Proposition 218].) 103 sued and has a “cross-demand[] for money” against the plaintiff to “assert in the answer the defense of payment.” ’ ” (Coziahr, supra, 103 Cal.App.5th at p. at p. 828.) Coziahr rejected the plaintiffs’ argument that “the right to offset applies when the parties have ‘mutual debts and credits’ and ‘may assert cross-demands for money,’ summarizing offset principles from Granberry and elsewhere.” (Coziahr, s

2025(Coziahr, supra, 103 Cal.App.5th at p. 830, fn. 23; Griffith, supra, 220 Cal.App.4th at p. 601 [there may be more than one method of apportioning costs of service under Proposition 218].) 103 sued and has a “cross-demand[] for money” against the plaintiff to “assert in the answer the defense of payment.” ’ ” (Coziahr, supra, 103 Cal.App.5th at p. at p. 828.) Coziahr rejected the plaintiffs’ argument that “the right to offset applies when the parties have ‘mutual debts and credits’ and ‘may assert cross-demands for money,’ summarizing offset principles from Granberry and elsewhere.” (Coziahr, s

22
American Automobile Insurance v. Seaboard Surety Co.green
calctapp · 1957 · cited in 2 California opinions naming this issue, 1960–1960
2 sentences

1960Co. v. Seaboard Surety Co., 155 Cal.App.2d 192, at 200 [ 318 P.2d 84 ], the applicable rule was stated as follows: “If it be said that the views herein expressed depart from the theory upon which the case was tried the answer is that the rule confining the parties upon appeal to the theory pursued below does not apply to a question which is one of law only (Panopulos v. Maderis, 47 Cal.2d 337, 341 [ 303 P.2d 738 ]), and that an appellate court is never bound by concessions of counsel as to the applicable law (Desny v. Wilder, 46 Cal.2d 715, 729 [ 299 P.2d 257 ] ) or by the interpretation of do

1960Co. v. Seaboard Surety Co., 155 Cal.App.2d 192, 200 [ 318 P.2d 84 ], this court said: “If it be said that the views herein expressed depart from the theory upon which the ease was tried the answer is that the rule confining the parties upon appeal to the theory pursued below does not apply to a question which is one of law only (Panopulos v. Maderis, 47 Cal.2d 337, 341 [ 303 P.2d 738 ]), and that an appellate court is never bound by concessions of counsel as to the applicable law (Desny v. Wilder, 46 Cal.2d 715, 729 [ 299 P.2d 257 ]) or by the interpretation of documents made by the trial cour

22
Granberry v. Islay Investmentsgreen
cal · 1995 · cited in 6 California opinions naming this issue, 1998–2025
2 sentences

2025(Coziahr, supra, 103 Cal.App.5th at p. 830, fn. 23; Griffith, supra, 220 Cal.App.4th at p. 601 [there may be more than one method of apportioning costs of service under Proposition 218].) 103 sued and has a “cross-demand[] for money” against the plaintiff to “assert in the answer the defense of payment.” ’ ” (Coziahr, supra, 103 Cal.App.5th at p. at p. 828.) Coziahr rejected the plaintiffs’ argument that “the right to offset applies when the parties have ‘mutual debts and credits’ and ‘may assert cross-demands for money,’ summarizing offset principles from Granberry and elsewhere.” (Coziahr, s

2025(Coziahr, supra, 103 Cal.App.5th at p. 830, fn. 23; Griffith, supra, 220 Cal.App.4th at p. 601 [there may be more than one method of apportioning costs of service under Proposition 218].) 103 sued and has a “cross-demand[] for money” against the plaintiff to “assert in the answer the defense of payment.” ’ ” (Coziahr, supra, 103 Cal.App.5th at p. at p. 828.) Coziahr rejected the plaintiffs’ argument that “the right to offset applies when the parties have ‘mutual debts and credits’ and ‘may assert cross-demands for money,’ summarizing offset principles from Granberry and elsewhere.” (Coziahr, s

16
Kruger v. Wells Fargo Bankgreen
cal · 1974 · cited in 2 California opinions naming this issue, 1995–1998
2 sentences

1998Because we conclude the set-off was improper under section 580b, we need not consider the application of section 580d. [4] A court has the power, independent of any statute, to set off one judgment against another. ( Haskins v. Jordan (1898) 123 Cal. 157, 160 , 55 P. 786 .) That power rests upon the court's general jurisdiction. ( Ibid. ) Further, a court may proceed on a motion to set off judgments. ( Coonan v. Loewenthal (1905) 147 Cal. 218, 221 , 81 P. 527 .) [5] Section 431.70 provides: "Where cross-demands for money have existed between persons at any point in time when neither demand was

1998Because we conclude the set-off was improper under section 580b, we need not consider the application of section 580d. [4] A court has the power, independent of any statute, to set off one judgment against another. ( Haskins v. Jordan (1898) 123 Cal. 157, 160 , 55 P. 786 .) That power rests upon the court's general jurisdiction. ( Ibid. ) Further, a court may proceed on a motion to set off judgments. ( Coonan v. Loewenthal (1905) 147 Cal. 218, 221 , 81 P. 527 .) [5] Section 431.70 provides: "Where cross-demands for money have existed between persons at any point in time when neither demand was

12
Hauger v. Gatesgreen
cal · 1954 · cited in 2 California opinions naming this issue, 1995–1998
2 sentences

1998Because we conclude the set-off was improper under section 580b, we need not consider the application of section 580d. [4] A court has the power, independent of any statute, to set off one judgment against another. ( Haskins v. Jordan (1898) 123 Cal. 157, 160 , 55 P. 786 .) That power rests upon the court's general jurisdiction. ( Ibid. ) Further, a court may proceed on a motion to set off judgments. ( Coonan v. Loewenthal (1905) 147 Cal. 218, 221 , 81 P. 527 .) [5] Section 431.70 provides: "Where cross-demands for money have existed between persons at any point in time when neither demand was

1998Because we conclude the set-off was improper under section 580b, we need not consider the application of section 580d. [4] A court has the power, independent of any statute, to set off one judgment against another. ( Haskins v. Jordan (1898) 123 Cal. 157, 160 , 55 P. 786 .) That power rests upon the court's general jurisdiction. ( Ibid. ) Further, a court may proceed on a motion to set off judgments. ( Coonan v. Loewenthal (1905) 147 Cal. 218, 221 , 81 P. 527 .) [5] Section 431.70 provides: "Where cross-demands for money have existed between persons at any point in time when neither demand was

12
Keith G. v. Suzanne H.green
calctapp · 1998 · cited in 1 California opinions naming this issue, 2026–2026
1 sentence

2026(See Keith G. v. Suzanne H. (1998) 62 Cal.App.4th 853, 860 [“A setoff . . . is not a claim for relief”].) “The general rule is that a setoff must rest on a claim enforceable in its own right.” (R.

11
People v. Fleminggreen
calctapp5d · 2018 · cited in 1 California opinions naming this issue, 2026–2026
1 sentence

2026(People v. Dykes, supra, 46 Cal.4th at p. 802 ; see People v. Doane, supra, 66 Cal.App.5th at p. 983; People v. Fleming (2018) 27 Cal.App.5th 754, 766 [“a trial court’s response to a jury question can be erroneous even if it does not technically misstate the law”]; People v. Gavin (1971) 21 Cal.App.3d 408 , 417–418 [“[t]he court’s failure to 26 clear up the jury’s confusion . . . was fundamentally unfair to the defendant”].) In short, the trial court’s answer was error.

11
Pease v. Browngreen
calctapp · 1960 · cited in 1 California opinions naming this issue, 2022–2022
1 sentence

2022(See Desny v. Wilder (1956) 46 Cal.2d 715, 729 [“[t]his court, of course, is not bound to accept concessions of parties as establishing the law applicable to a case”]; Tun v. Wells Fargo Dealer Services, Inc. (2016) 5 Cal.App.5th 309, 327 [“[q]uite simply, we are not bound to follow the meaning of a statute (or the law) conceded by a party”]; Bell v. Tri-City Hospital Dist. (1987) 196 Cal.App.3d 438, 449 [“the Bells’ counsel’s erroneous concession cannot and should not prevent this court from applying sound legal principles to the objective facts disclosed by the record”]; Pease v. Brown (1960

11
Bell v. Tri-City Hospital Districtgreen
calctapp · 1987 · cited in 1 California opinions naming this issue, 2022–2022
1 sentence

2022(See Desny v. Wilder (1956) 46 Cal.2d 715, 729 [“[t]his court, of course, is not bound to accept concessions of parties as establishing the law applicable to a case”]; Tun v. Wells Fargo Dealer Services, Inc. (2016) 5 Cal.App.5th 309, 327 [“[q]uite simply, we are not bound to follow the meaning of a statute (or the law) conceded by a party”]; Bell v. Tri-City Hospital Dist. (1987) 196 Cal.App.3d 438, 449 [“the Bells’ counsel’s erroneous concession cannot and should not prevent this court from applying sound legal principles to the objective facts disclosed by the record”]; Pease v. Brown (1960

11
Sunrise Produce Co. v. Malovichgreen
calctapp · 1950 · cited in 1 California opinions naming this issue, 2022–2022
1 sentence

2022(Jones v. Mortimer (1946), 28 Cal.2d 627, 633 ; Sunrise Produce Co. v. Malovich (1950) 101 Cal.App.2d 520, 523 [applying previous version of section 431.70].) Section 431.70 provides that where cross-demands for money exist between plaintiff and defendant, defendant “may assert in the answer the defense of payment.”9 In general, a setoff prevents the superfluous 9 Code of Civil Procedure section 431.70 provides: “Where cross-demands for money have existed between persons at any point in time when neither demand was barred by the statute of limitations, and an action is thereafter commenced by

11
Tun v. Wells Fargo Dealer Services, Inc.green
calctapp · 2016 · cited in 1 California opinions naming this issue, 2022–2022
1 sentence

2022(See Desny v. Wilder (1956) 46 Cal.2d 715, 729 [“[t]his court, of course, is not bound to accept concessions of parties as establishing the law applicable to a case”]; Tun v. Wells Fargo Dealer Services, Inc. (2016) 5 Cal.App.5th 309, 327 [“[q]uite simply, we are not bound to follow the meaning of a statute (or the law) conceded by a party”]; Bell v. Tri-City Hospital Dist. (1987) 196 Cal.App.3d 438, 449 [“the Bells’ counsel’s erroneous concession cannot and should not prevent this court from applying sound legal principles to the objective facts disclosed by the record”]; Pease v. Brown (1960

11
People v. Medinagreen
cal · 2009 · cited in 1 California opinions naming this issue, 2021–2021
1 sentence

2021(See People v. Medina (2009) 46 Cal.4th 913, 922 (Medina) [former gang member testified that “a gang member’s query ‘where are you from?’ means ‘what gang are you from?’ and is a verbal challenge, which (depending on the response) could lead to a physical altercation and even death”].) When Christie answered that he was from a rival gang, appellant started the fight by throwing the first punch.

11
Gomez v. Superior Courtgreen
cal · 2012 · cited in 1 California opinions naming this issue, 2020–2020
1 sentence

2020However, we agree with the People that the answer to that inquiry is yes.3 3 The fact we previously summarily denied Law’s habeas petition arguing the evidence was insufficient to support the special circumstances finding under Banks and Clark is irrelevant. “[T]he summary denial of a habeas corpus petition does not establish law of the case and does not have a res judicata effect in future proceedings.” (Gomez v. Superior Court (2012) 54 Cal.4th 293, 305, fn. 6 .) 12 Whether there is sufficient evidence that Law was a major participant in the robbery who acted with reckless indifference to hu

11
State Water Resources Control Board Casesgreen
calctapp · 2006 · cited in 1 California opinions naming this issue, 2010–2010
11
Napa Citizens for Honest Government v. Napa County Board of Supervisorsgreen
calctapp · 2001 · cited in 1 California opinions naming this issue, 2010–2010
11
Oren Royal Oaks Venture v. Greenberg, Bernard, Weiss & Karma Inc.green
cal · 1986 · cited in 1 California opinions naming this issue, 2003–2003
11
Silberg v. Andersongreen
cal · 1990 · cited in 1 California opinions naming this issue, 2003–2003
11
Smith v. County of Los Angelesgreen
calctapp · 1989 · cited in 1 California opinions naming this issue, 1992–1992
11
DeRosa v. Transamerica Title Insurancegreen
calctapp · 1989 · cited in 1 California opinions naming this issue, 1991–1991
11
Carroll v. Abbott Laboratories, Inc.green
cal · 1982 · cited in 1 California opinions naming this issue, 1984–1984
11
MacIsaac v. Pozzogreen
cal · 1945 · cited in 1 California opinions naming this issue, 1969–1969
11
MacIsaac & Menke Co. v. Cardox Corp.green
calctapp · 1961 · cited in 1 California opinions naming this issue, 1969–1969
11
Drullinger v. Erskinegreen
calctapp · 1945 · cited in 1 California opinions naming this issue, 1966–1966
11
People v. Corrigangreen
cal · 1957 · cited in 1 California opinions naming this issue, 1966–1966
11
People v. Pachecogreen
calctapp · 1963 · cited in 1 California opinions naming this issue, 1966–1966
11
Weil v. Barthelgreen
cal · 1955 · cited in 1 California opinions naming this issue, 1964–1964
11
Ball v. Rawlesgreen
cal · 1892 · cited in 1 California opinions naming this issue, 1929–1929
11
Raggio v. Southern Pacific Co.green
cal · 1919 · cited in 1 California opinions naming this issue, 1928–1928
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 (48)

CaseCitedYears
Pauline v. Fitzpatrick green
calctapp · 1957
2 sentences

1960Co. v. Seaboard Surety Co., 155 Cal.App.2d *699 192, 200 [ 318 P.2d 84 ], becomes pertinent: “If it be said that the views herein expressed depart from the theory upon which the ease was tried the answer is that the rule confining the parties upon appeal to the theory pursued below does not apply to a question which is one of law only (Panopulos v. Maderis, 47 Cal.2d 337, 341 [ 303 P.2d 738 ]), and that an appellate court is never bound by concessions of counsel as to the applicable law (Desny v. Wilder, 46 Cal.2d 715, 729 [ 299 P.2d 257 ]) or by the interpretation of documents made by the tri

1960Co. v. Seaboard Surety Co., 155 Cal.App.2d 192, 200 [ 318 P.2d 84 ], this court said: “If it be said that the views herein expressed depart from the theory upon which the ease was tried the answer is that the rule confining the parties upon appeal to the theory pursued below does not apply to a question which is one of law only (Panopulos v. Maderis, 47 Cal.2d 337, 341 [ 303 P.2d 738 ]), and that an appellate court is never bound by concessions of counsel as to the applicable law (Desny v. Wilder, 46 Cal.2d 715, 729 [ 299 P.2d 257 ]) or by the interpretation of documents made by the trial cour

31960–1960
In re Tyrone A. Miller On Habeas Corpus green
calctapp5d · 2017
2 sentences

2020“A [d]efendant’s claim that the evidence presented against him failed to support [a] robbery-murder special circumstance [finding made prior to Banks and Clark] . . . is not a ‘routine’ claim of insufficient evidence.” (In re Miller (2017) 14 Cal.App.5th 960, 979-980 .) The “claim does not require resolution of disputed facts; the facts are a given.” (Id. at p. 980.) Section 190.2 sets forth the special circumstances under which murderers and accomplices can by punished by death or life without possibility of parole.

2020“A [d]efendant’s claim that the evidence presented against him failed to support [a] robbery-murder special circumstance [finding made prior to Banks and Clark] . . . is not a ‘routine’ claim of insufficient evidence.” (In re Miller (2017) 14 Cal.App.5th 960, 979-980 .) The “claim does not require resolution of disputed facts; the facts are a given.” (Id. at p. 980.) Section 190.2 sets forth the special circumstances under which murderers and accomplices can by punished by death or life without possibility of parole.

22020–2020
Potvin v. Metropolitan Life Ins. Co. green
cal · 2000
2 sentences

2013(See generally, Potvin, supra, 22 Cal.4th 1060 .) The answer to this claim, however, is that substantial evidence shows Dr. Roger received a fair procedure, even if it wasn’t the precise procedure specified in CorVel’s contract.

2013(See generally, Potvin, supra, 22 Cal.4th 1060 .) The answer to this claim, however, is that substantial evidence shows Dr. Roger received a fair procedure, even if it wasn’t the precise procedure specified in CorVel’s contract.

22013–2013
O'Hare v. Industrial Accident Commission green
calctapp · 1941
2 sentences

1953In O’Hare v. Industrial Acc. Com., 44 Cal.App.2d 629 [ 112 P.2d 915 ], it was held that while the filing of an answer to a claim before the commission “is desirable” (p. 634) it is not mandatory.

1953In O’Hare v. Industrial Acc. Com., 44 Cal.App.2d 629 [ 112 P.2d 915 ], it was held that while the filing of an answer to a claim before the commission “is desirable” (p. 634) it is not mandatory.

21953–1953
People v. Gavin green
calctapp · 1971
1 sentence

2026(People v. Dykes, supra, 46 Cal.4th at p. 802 ; see People v. Doane, supra, 66 Cal.App.5th at p. 983; People v. Fleming (2018) 27 Cal.App.5th 754, 766 [“a trial court’s response to a jury question can be erroneous even if it does not technically misstate the law”]; People v. Gavin (1971) 21 Cal.App.3d 408 , 417–418 [“[t]he court’s failure to 26 clear up the jury’s confusion . . . was fundamentally unfair to the defendant”].) In short, the trial court’s answer was error.

12026–2026
People v. Dykes green
cal · 2009
1 sentence

2026(People v. Dykes, supra, 46 Cal.4th at p. 802 ; see People v. Doane, supra, 66 Cal.App.5th at p. 983; People v. Fleming (2018) 27 Cal.App.5th 754, 766 [“a trial court’s response to a jury question can be erroneous even if it does not technically misstate the law”]; People v. Gavin (1971) 21 Cal.App.3d 408 , 417–418 [“[t]he court’s failure to 26 clear up the jury’s confusion . . . was fundamentally unfair to the defendant”].) In short, the trial court’s answer was error.

12026–2026
Jones v. Mortimer green
cal · 1946
1 sentence

2022(Jones v. Mortimer (1946), 28 Cal.2d 627, 633 ; Sunrise Produce Co. v. Malovich (1950) 101 Cal.App.2d 520, 523 [applying previous version of section 431.70].) Section 431.70 provides that where cross-demands for money exist between plaintiff and defendant, defendant “may assert in the answer the defense of payment.”9 In general, a setoff prevents the superfluous 9 Code of Civil Procedure section 431.70 provides: “Where cross-demands for money have existed between persons at any point in time when neither demand was barred by the statute of limitations, and an action is thereafter commenced by

12022–2022
People v. Kurtzman green
cal · 1988
1 sentence

2017If you cannot reach a unanimous verdict as to the greater offenses you do not proceed to the lesser included offenses and you inform the court." Wilford contends, and the People concede, that the trial court's answer was error.4 (See People v. Kurtzman (1988) 46 Cal.3d 322, 328 .) A jury can consider greater and 4 Wilford argues his trial counsel was constitutionally ineffective for failing to object to the trial court's answer to the jury's question.

12017–2017
People v. Chatman green
cal · 2006
1 sentence

2016As a result, he might also be able to provide insight on whether witnesses whose testimony differs from his own are intentionally lying or are merely mistaken.” (Ibid.) Chatman establishes that a defendant’s answer to an inquiry about whether other witnesses were lying “could be relevant to the credibility of both the defendant and the other witnesses.” (Chatman, supra, 38 Cal.4th at p. 382 .) Thus, such an inquiry is sometimes permissible.

12016–2016
Conti v. Board of Civil Service Commissioners green
cal · 1969
2 sentences

2015(Johnson, supra, 24 Cal.4th at p. 69 ; Conti, supra, 1 Cal.3d at p. 360 ; Vernon, supra, 178 Cal.App.3d at pp. 717, 726.) As we have said, however, the record does not support the court’s finding that plaintiffs did nothing to bring the case to trial in the period from the filing of the answer to the hearing.

2015(Johnson, supra, 24 Cal.4th at p. 69 ; Conti, supra, 1 Cal.3d at p. 360 ; Vernon, supra, 178 Cal.App.3d at pp. 717, 726.) As we have said, however, the record does not support the court’s finding that plaintiffs did nothing to bring the case to trial in the period from the filing of the answer to the hearing.

12015–2015
Vernon Fire Fighters Assn. v. City of Vernon green
calctapp · 1986
1 sentence

2015(Johnson, supra, 24 Cal.4th at p. 69 ; Conti, supra, 1 Cal.3d at p. 360 ; Vernon, supra, 178 Cal.App.3d at pp. 717, 726.) As we have said, however, the record does not support the court’s finding that plaintiffs did nothing to bring the case to trial in the period from the filing of the answer to the hearing.

12015–2015
Johnson v. City of Loma Linda green
cal · 2000
1 sentence

2015(Johnson, supra, 24 Cal.4th at p. 69 ; Conti, supra, 1 Cal.3d at p. 360 ; Vernon, supra, 178 Cal.App.3d at pp. 717, 726.) As we have said, however, the record does not support the court’s finding that plaintiffs did nothing to bring the case to trial in the period from the filing of the answer to the hearing.

12015–2015
Marshall v. Foote green
calctapp · 1927
1 sentence

2014(Marshall v. Foote (1927) 81 Cal.App. 98, 100-103 .) Cordova does not provide any persuasive argument or authority that in using the word “may” in section 431.70, the Legislature actually meant “shall” or “must.” The cases he cites do not so hold.

12014–2014
Zamora v. Clayborn Contracting Group, Inc. green
cal · 2002
12009–2009
Brown v. Kennard green
calctapp · 2001
12003–2003
In Re Heather P. green
calctapp · 1988
12001–2001
Certain Underwriters at Lloyd's of London v. Superior Court of Los Angeles County green
cal · 2001
12001–2001
Haskins v. Jordan green
cal · 1898
11998–1998
Coonan v. Loewenthal green
cal · 1905
11998–1998
Roberts v. Ball, Hunt, Hart, Brown & Baerwitz green
calctapp · 1976
11997–1997
Lowe v. Civil Service Commission green
calctapp · 1985
11992–1992
Gay v. Broder green
calctapp · 1980
11991–1991
Sandstrom v. Montana green
scotus · 1979
11990–1990
In Re WINSHIP green
scotus · 1970
11990–1990
Connecticut v. Johnson green
scotus · 1983
11990–1990
Worth v. Asiatic Transpacific, Inc. green
calctapp · 1979
11988–1988
Sparf v. United States green
scotus · 1895
11983–1983
Mason v. Ennes green
calctapp · 1959
11982–1982
State v. Blair neutral
orctapp · 1994
11982–1982
Sharove v. Middleman green
calctapp · 1956
11982–1982
John Wiley & Sons, Inc. v. Livingston green
scotus · 1964
11981–1981
Cornelison v. Chaney green
cal · 1976
11981–1981
People v. Ingersoll green
calctapp · 1913
11966–1966
Weil v. Barthel neutral
cal · 1955
11964–1964
Fabbro v. Dardi & Co. green
calctapp · 1949
11960–1960
Estate of Watkins green
cal · 1940
11960–1960
Morris v. Reclamation District No. 108 green
cal · 1941
11960–1960
Helvering v. Mitchell green
scotus · 1938
11954–1954
Solomon v. Redona green
calctapp · 1921
11929–1929
Mitau v. Roddan green
cal · 1906
11929–1929

Statutes the citing opinions construe

CA § Cal. Evidence Code § 452 (8) CA § Cal. Evidence Code § 664 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

PA 122 (1851–2025) NY 113 (1860–2026) CA 67 (1881–2026) IL 45 (1883–2024) IN 41 (1871–2015) TX 41 (1920–2026) MO 35 (1871–2000) LA 32 (1907–2025) KS 29 (1884–2019) AL 22 (1860–2015) OK 21 (1896–2012) FL 21 (1935–2025) GA 20 (1884–2021) MT 18 (1909–2022) NC 18 (1883–2018) IA 17 (1893–2011) OH 15 (1909–2017) OR 15 (1897–2002) WI 15 (1881–2019) MD 13 (1906–2018) NE 12 (1898–1997) NJ 10 (1894–1993) CT 10 (1821–1997) WV 10 (1901–2021) TN 10 (1913–2013) WA 9 (1887–2004) KY 9 (1917–2024) AR 8 (1930–2010) VT 8 (1890–2009) MI 8 (1876–2016) ID 7 (1912–2022) DC 7 (1977–2011) CO 6 (1908–2012) SC 6 (1919–1986) RI 6 (1980–2005) DE 5 (1915–2023) HI 5 (1903–1944) NH 4 (1909–2010) MA 4 (1918–2000) WY 4 (1956–1992) UT 4 (1942–2021) ME 3 (1953–2000) AZ 3 (1951–1992) MN 3 (1901–1930) VA 3 (1884–1973) MS 3 (1872–2003) SD 2 (1892–1970) ND 2 (1906–1907) NM 2 (1966–2007)

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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