appellant must show error (California) · Go Syfert
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appellant must show error in California

8 California opinions name it 2 courts 1910–2025 3 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 (3)

CaseFollowedCited
Snowball v. Snowballgreen
cal · 1913 · cited in 1 California opinions naming this issue, 1940–1940
2 sentences

1940(Snowball v. Snowball, 164 Cal. 476, 479 [ 129 Pac. 784 ] ; Whitelaw v. Whitelaw, 122 Cal. App. 260, 263 [ 9 Pac. (2d) 874 ] ; Grandy v. Southern Pacific Co., 9 Cal. App. (2d) 441, 444 [ 49 Pac. (2d) 1127 ].) We would call attention particularly to the language of this court found on page 479 in the case of Snowball v. Snowball, supra. Numerous other contentions are raised by the appellant in support of her appeal from the judgment against her.

1940(Snowball v. Snowball, 164 Cal. 476, 479 [ 129 Pac. 784 ] ; Whitelaw v. Whitelaw, 122 Cal. App. 260, 263 [ 9 Pac. (2d) 874 ] ; Grandy v. Southern Pacific Co., 9 Cal. App. (2d) 441, 444 [ 49 Pac. (2d) 1127 ].) We would call attention particularly to the language of this court found on page 479 in the case of Snowball v. Snowball, supra. Numerous other contentions are raised by the appellant in support of her appeal from the judgment against her.

11
Houghton v. Clarkegreen
cal · 1889 · cited in 1 California opinions naming this issue, 1940–1940
1 sentence

1940As was said by this court in a case in which the facts were similar to the instant case, “There was no offer to prove the facts sought to be elicited by it. [The question to which objection was sustained.] Therefore, it cannot be determined from the record whether there was any error or not, and as the appellant must show error, the ruling is no ground for reversal.” (Houghton v. Clarke, 80 Cal. 417, 420 [ 22 Pac. 288 ].) The rule here announced has been invariably followed by the appellate courts of this state.

11
Whitelaw v. Whitelawgreen
calctapp · 1932 · cited in 1 California opinions naming this issue, 1940–1940
2 sentences

1940(Snowball v. Snowball, 164 Cal. 476, 479 [ 129 Pac. 784 ] ; Whitelaw v. Whitelaw, 122 Cal. App. 260, 263 [ 9 Pac. (2d) 874 ] ; Grandy v. Southern Pacific Co., 9 Cal. App. (2d) 441, 444 [ 49 Pac. (2d) 1127 ].) We would call attention particularly to the language of this court found on page 479 in the case of Snowball v. Snowball, supra. Numerous other contentions are raised by the appellant in support of her appeal from the judgment against her.

1940(Snowball v. Snowball, 164 Cal. 476, 479 [ 129 Pac. 784 ] ; Whitelaw v. Whitelaw, 122 Cal. App. 260, 263 [ 9 Pac. (2d) 874 ] ; Grandy v. Southern Pacific Co., 9 Cal. App. (2d) 441, 444 [ 49 Pac. (2d) 1127 ].) We would call attention particularly to the language of this court found on page 479 in the case of Snowball v. Snowball, supra. Numerous other contentions are raised by the appellant in support of her appeal from the judgment against her.

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 (15)

CaseCitedYears
Soule v. General Motors Corp. green
cal · 1994
2 sentences

2023(Soule v. General Motors Corp. (1994) 8 Cal.4th 548, 580 .) Where the trial court misapplies a legal standard, the appellant must show the error was prejudicial, “i.e., there is a reasonable probability the [appellant] would have obtained a more favorable result if the court had applied the correct standard.” (Orange County Water District v. Alcoa Global Fasteners, Inc. (2017) 12 Cal.App.5th 252, 313-314 ; see also Navigators Specialty Ins.

2020(Soule v. General Motors Corp. (1994) 8 Cal.4th 548, 580 .) Where the trial court misapplies a legal standard, the appellant must show the error was prejudicial, “i.e., there is a reasonable probability the [appellant] would have obtained a more favorable result if the court had applied the correct standard.” (Orange County Water District v. Alcoa Global Fasteners, Inc., supra, 12 Cal.App.5th at pp. 313-314.) II.

22020–2023
Yield Dynamics, Inc. v. TEA Systems Corp. green
calctapp · 2007
1 sentence

2025(Yield Dynamics, Inc. v. TEA Systems Corp. (2007) 154 Cal.App.4th 547, 557 .) Due to the absence of a record of the oral proceedings, we are unable to assess whether any purported error was prejudicial.

12025–2025
Century Surety Co. v. Polisso green
calctapp · 2006
1 sentence

2025(Century Surety Co. v. Polisso, supra, 139 Cal.App.4th at p. 963 .) “[W]e cannot presume prejudice and will not reverse the judgment in the absence of an affirmative showing there was a miscarriage of justice.” (Ibid.) Reversal is only required where the appellant demonstrates, based on sufficient legal argument supported by citation to authorities and the record, that it is “ ‘reasonably probable that a result more favorable to the appealing party would have been reached in 14. the absence of the error,’ ” meaning the appellant must show error and that the error likely affected the outcome.

12025–2025
Orange Cnty. Water Dist. v. Alcoa Global Fasteners, Inc. green
calctapp5d · 2017
1 sentence

2023(Soule v. General Motors Corp. (1994) 8 Cal.4th 548, 580 .) Where the trial court misapplies a legal standard, the appellant must show the error was prejudicial, “i.e., there is a reasonable probability the [appellant] would have obtained a more favorable result if the court had applied the correct standard.” (Orange County Water District v. Alcoa Global Fasteners, Inc. (2017) 12 Cal.App.5th 252, 313-314 ; see also Navigators Specialty Ins.

12023–2023
Yanowitz v. L'OREAL USA, INC. green
cal · 2005
1 sentence

2022(Ibid.) “Summary judgment is now seen as ‘a particularly suitable means to test the sufficiency’ of the plaintiff’s or defendant’s case.” (Ibid.) On appeal, “we take the facts from the record that was before the trial court. . . . ‘ “We review the trial court’s decision de novo, considering all the evidence set forth in the moving and opposing papers except that to which objections were made and 5 sustained.” ’ ” (Yanowitz v. L’Oreal USA, Inc. (2005) 36 Cal.4th 1028, 1037 .) To the extent an appeal relies on evidence which the trial court excluded, the appellant must show error in such exclusi

12022–2022
Woo v. Superior Court green
calctapp · 1999
1 sentence

2020Legal Principles “The general rule is that an amended complaint that adds a new defendant does not relate back to the date of filing of the original complaint and the statute of limitations is applied as of the date the amended complaint is filed, not the date the original complaint is filed. [Citations.] A recognized exception to the general rule is the substitution under section 474 of a new defendant for a fictitious Doe defendant named in the original complaint as to 7 whom a cause of action was stated in the original complaint.” (Woo, supra,75 Cal.App.4th at p.176.)5 “Section 474 allows a

12020–2020
McClatchy v. Coblentz, Patch, Duffy & Bass, LLP green
calctapp · 2016
1 sentence

2020Legal Principles “The general rule is that an amended complaint that adds a new defendant does not relate back to the date of filing of the original complaint and the statute of limitations is applied as of the date the amended complaint is filed, not the date the original complaint is filed. [Citations.] A recognized exception to the general rule is the substitution under section 474 of a new defendant for a fictitious Doe defendant named in the original complaint as to 7 whom a cause of action was stated in the original complaint.” (Woo, supra,75 Cal.App.4th at p.176.)5 “Section 474 allows a

12020–2020
Chapman v. California red
scotus · 1967
1 sentence

2015(Chapman v. California (1967) 386 U.S. 18, 28 .) The paternal relatives ignore their burden of showing prejudice, and thus their position lacks merit.9 DISPOSITION The order is affirmed.

12015–2015
People v. Watson green
cal · 1956
1 sentence

2015(People v. Watson (1956) 46 Cal.2d 818, 836 .) Under the federal standard, the appellant must show the error was not harmless beyond a reasonable doubt.

12015–2015
Armstrong v. Armstrong green
calctapp · 1947
2 sentences

1956In taking the evidence for the purpose of fixing the amount of the allowance, the court is not trying an issue in the case, but is seeking for information as the basis of its order, and is not bound by the technical rules of evidence applicable to controversies between contesting litigants.” And at pages 545-546, the court said: “The court cannot know at the commencement of the action the amount of labor that will be required, or the value of the services to be performed in the prosecution or defense of the action on behalf of the wife, and there is no rule of procedure which requires it to fi

1956In taking the evidence for the purpose of fixing the amount of the allowance, the court is not trying an issue in the case, but is seeking for information as the basis of its order, and is not bound by the technical rules of evidence applicable to controversies between contesting litigants.” And at pages 545-546, the court said: “The court cannot know at the commencement of the action the amount of labor that will be required, or the value of the services to be performed in the prosecution or defense of the action on behalf of the wife, and there is no rule of procedure which requires it to fi

11956–1956
Grandy v. Southern Pacific Co. green
calctapp · 1935
1 sentence

1940(Snowball v. Snowball, 164 Cal. 476, 479 [ 129 Pac. 784 ] ; Whitelaw v. Whitelaw, 122 Cal. App. 260, 263 [ 9 Pac. (2d) 874 ] ; Grandy v. Southern Pacific Co., 9 Cal. App. (2d) 441, 444 [ 49 Pac. (2d) 1127 ].) We would call attention particularly to the language of this court found on page 479 in the case of Snowball v. Snowball, supra. Numerous other contentions are raised by the appellant in support of her appeal from the judgment against her.

11940–1940
Ex parte Alers green
prsupreme · 1915
1 sentence

1940As was said by this court in a case in which the facts were similar to the instant case, “There was no offer to prove the facts sought to be elicited by it. [The question to which objection was sustained.] Therefore, it cannot be determined from the record whether there was any error or not, and as the appellant must show error, the ruling is no ground for reversal.” (Houghton v. Clarke, 80 Cal. 417, 420 [ 22 Pac. 288 ].) The rule here announced has been invariably followed by the appellate courts of this state.

11940–1940
People v. Douglass green
cal · 1893
1 sentence

1910(People v. Douglas, 100 Cal. 4 , [ 34 Pac. 490 ] ; People v. Russell, 156 Cal. 450 , [105 Pac. 416]; People v. Holmes, 118 Cal. 444 , [ 50 Pac. 675 ].) The evidence as to the alihi relied on hy defendant simply raises a conflict with the evidence for the prosecution.

11910–1910
People v. Holmes green
· 1897
2 sentences

1910(People v. Douglas, 100 Cal. 4 , [ 34 Pac. 490 ] ; People v. Russell, 156 Cal. 450 , [105 Pac. 416]; People v. Holmes, 118 Cal. 444 , [ 50 Pac. 675 ].) The evidence as to the alihi relied on hy defendant simply raises a conflict with the evidence for the prosecution.

1910(People v. Douglas, 100 Cal. 4 , [ 34 Pac. 490 ] ; People v. Russell, 156 Cal. 450 , [105 Pac. 416]; People v. Holmes, 118 Cal. 444 , [ 50 Pac. 675 ].) The evidence as to the alihi relied on hy defendant simply raises a conflict with the evidence for the prosecution.

11910–1910
People v. Russell green
cal · 1909
2 sentences

1910(People v. Douglas, 100 Cal. 4 , [ 34 Pac. 490 ] ; People v. Russell, 156 Cal. 450 , [105 Pac. 416]; People v. Holmes, 118 Cal. 444 , [ 50 Pac. 675 ].) The evidence as to the alihi relied on hy defendant simply raises a conflict with the evidence for the prosecution.

1910(People v. Douglas, 100 Cal. 4 , [ 34 Pac. 490 ] ; People v. Russell, 156 Cal. 450 , [105 Pac. 416]; People v. Holmes, 118 Cal. 444 , [ 50 Pac. 675 ].) The evidence as to the alihi relied on hy defendant simply raises a conflict with the evidence for the prosecution.

11910–1910

Where else courts name it

TX 19 (1988–2015) OH 13 (1999–2026) GA 9 (2004–2025) CA 8 (1910–2025) NC 7 (1934–1981) UT 6 (1983–2024) IN 4 (1977–2012) WA 4 (2026–2026) MO 3 (2010–2024) PA 3 (2003–2026) AL 3 (1959–2017) MN 2 (1993–2005) OK 2 (1999–2023)

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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