appraisal hearing (California) · Go Syfert
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appraisal hearing in California

8 California opinions name it 2 courts 1989–2026 1 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 (9)

CaseFollowedCited
Reyes v. Koshagreen
calctapp · 1998 · cited in 1 California opinions naming this issue, 2026–2026
1 sentence

2026(See Allen v. City of Sacramento (2015) 234 Cal.App.4th 41, 52 [“We are not required to examine undeveloped claims or to supply arguments for the litigants”]; Reyes v. Kosha (1998) 65 Cal.App.4th 451, 466, fn. 6 [“Although our review of a summary judgment is de novo, it is limited to issues which have been adequately raised and supported in plaintiffs’ brief”].) The trial court correctly observed that nothing in the policy required Lloyd’s to invoke the appraisal clause prior to, or in lieu of, pursuing other forms of investigation.

11
Bialo v. Western Mutual Insurancegreen
calctapp · 2001 · cited in 1 California opinions naming this issue, 2026–2026
1 sentence

2026Co. (2002) 95 Cal.App.4th 68, 73 [appellate courts may “ignore arguments, authority, and facts not presented and litigated in the trial court” and treat them as waived or forfeited].) It is further noted, however, that the appraisal clause requires additional 10.

11
Allen v. City of Sacramentogreen
calctapp · 2015 · cited in 1 California opinions naming this issue, 2026–2026
1 sentence

2026(See Allen v. City of Sacramento (2015) 234 Cal.App.4th 41, 52 [“We are not required to examine undeveloped claims or to supply arguments for the litigants”]; Reyes v. Kosha (1998) 65 Cal.App.4th 451, 466, fn. 6 [“Although our review of a summary judgment is de novo, it is limited to issues which have been adequately raised and supported in plaintiffs’ brief”].) The trial court correctly observed that nothing in the policy required Lloyd’s to invoke the appraisal clause prior to, or in lieu of, pursuing other forms of investigation.

11
Rodriguez v. American Technologies, Inc.green
calctapp · 2006 · cited in 1 California opinions naming this issue, 2015–2015
2 sentences

2015(Cf. Rodriguez v. American Technologies, Inc. (2006) 136 Cal.App.4th 1110, 1116-1117 [ 39 Cal.Rptr.3d 437 ] [de novo standard applies when issue is question of law involving interpretation of statutes and contract with no extrinsic evidence]; JSM Tuscany, LLC v. Superior Court (2011) 193 Cal.App.4th 1222, 1235 [ 123 Cal.Rptr.3d 429 ] [in absence of conflicting extrinsic evidence offered to aid in contract’s interpretation, ruling on petition to compel arbitration is reviewed de novo].) Insofar as a party opposing the appraisal contends the appraisal should have been stayed pending resolution o

2015(Cf. Rodriguez v. American Technologies, Inc. (2006) 136 Cal.App.4th 1110, 1116-1117 [ 39 Cal.Rptr.3d 437 ] [de novo standard applies when issue is question of law involving interpretation of statutes and contract with no extrinsic evidence]; JSM Tuscany, LLC v. Superior Court (2011) 193 Cal.App.4th 1222, 1235 [ 123 Cal.Rptr.3d 429 ] [in absence of conflicting extrinsic evidence offered to aid in contract’s interpretation, ruling on petition to compel arbitration is reviewed de novo].) Insofar as a party opposing the appraisal contends the appraisal should have been stayed pending resolution o

11
Jsm Tuscany, LLC v. Superior Courtgreen
calctapp · 2011 · cited in 1 California opinions naming this issue, 2015–2015
2 sentences

2015(Cf. Rodriguez v. American Technologies, Inc. (2006) 136 Cal.App.4th 1110, 1116-1117 [ 39 Cal.Rptr.3d 437 ] [de novo standard applies when issue is question of law involving interpretation of statutes and contract with no extrinsic evidence]; JSM Tuscany, LLC v. Superior Court (2011) 193 Cal.App.4th 1222, 1235 [ 123 Cal.Rptr.3d 429 ] [in absence of conflicting extrinsic evidence offered to aid in contract’s interpretation, ruling on petition to compel arbitration is reviewed de novo].) Insofar as a party opposing the appraisal contends the appraisal should have been stayed pending resolution o

2015(Cf. Rodriguez v. American Technologies, Inc. (2006) 136 Cal.App.4th 1110, 1116-1117 [ 39 Cal.Rptr.3d 437 ] [de novo standard applies when issue is question of law involving interpretation of statutes and contract with no extrinsic evidence]; JSM Tuscany, LLC v. Superior Court (2011) 193 Cal.App.4th 1222, 1235 [ 123 Cal.Rptr.3d 429 ] [in absence of conflicting extrinsic evidence offered to aid in contract’s interpretation, ruling on petition to compel arbitration is reviewed de novo].) Insofar as a party opposing the appraisal contends the appraisal should have been stayed pending resolution o

11
Howard v. Reserve Insurancegreen
illappct · 1969 · cited in 1 California opinions naming this issue, 2014–2014
1 sentence

2014Co. (Ill.App. 1969) 254 N.E.2d 631, 635 [notice of election to self-repair must be “clear, positive, distinct and unambiguous”].) Allstate’s actions in preparing a damage estimate, seeking an appraisal hearing, and advancing nearly $200,000 to the Meusers for structural repairs are completely inconsistent with any election to self-repair or replace the property.

11
Araiza v. Younkingreen
calctapp · 2010 · cited in 1 California opinions naming this issue, 2014–2014
1 sentence

2014(See, e.g., Araiza v. Younkin (2010) 188 Cal.App.4th 1120, 1126 [forfeiture results from failure to timely raise a known right].) Because the Reids had actual knowledge of the 11 The appraisal provision in the homeowner’s insurance policy AMCO issued to the Reids states the appraiser must be “competent and impartial.” 12 A copy of that petition is included in AMCO’s opposition to the Reids’ petition to vacate the appraisal award. 10 facts alleged in their petition to disqualify DeLise, they may not rely on those same facts to support their challenge to the validity of the appraisal.13 For this

11
People v. Colemangreen
cal · 1989 · cited in 1 California opinions naming this issue, 1991–1991
2 sentences

1991When a defendant shows a reasonable likelihood that a fair trial cannot be had in the county of original venue, a motion for change of venue must be granted. (§ 1033; People v. Coleman (1989) 48 Cal.3d 112, 133 [ 255 Cal.Rptr. 813 , 768 P.2d 32 ].) The most significant factors to be considered are the gravity and nature of the crime, the size and nature of the community, the extent and nature of the publicity concerning the crime, the status of the victim, the status of the accused, and “any indication from the voir dire of prospective and actual jurors that the publicity did in fact have a pr

1991When a defendant shows a reasonable likelihood that a fair trial cannot be had in the county of original venue, a motion for change of venue must be granted. (§ 1033; People v. Coleman (1989) 48 Cal.3d 112, 133 [ 255 Cal.Rptr. 813 , 768 P.2d 32 ].) The most significant factors to be considered are the gravity and nature of the crime, the size and nature of the community, the extent and nature of the publicity concerning the crime, the status of the victim, the status of the accused, and “any indication from the voir dire of prospective and actual jurors that the publicity did in fact have a pr

11
Maine v. Superior Courtgreen
cal · 1968 · cited in 1 California opinions naming this issue, 1989–1989
2 sentences

1989(Maine v. Superior Court (1968) 68 Cal.2d 375, 382 [ 66 Cal.Rptr. 724 , 438 P.2d 372 ].) On postconviction review, however, the court will also examine the voir dire to determine whether the pretrial publicity in fact had a prejudicial effect.

1989(Maine v. Superior Court (1968) 68 Cal.2d 375, 382 [ 66 Cal.Rptr. 724 , 438 P.2d 372 ].) On postconviction review, however, the court will also examine the voir dire to determine whether the pretrial publicity in fact had a prejudicial effect.

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 (3)

CaseCitedYears
Safeco Insurance v. Sharma green
calctapp · 1984
1 sentence

2006In an accompanying letter to the panel, Amato stated, “Please note that the language of the appraisal award specifically authorizes the appraisal panel to determine if there is any damage to the Kacha home [as] a result of the fire of October 26, 2003.” Amato advised, “It is also Allstate’s position that the strictures of [ Sharma, supra] 160 Cal.App.3d 1060 , ... are not applicable to the instant appraisal hearing.” (Italics added.) Amato faxed a copy of the letter to Dawson.

12006–2006
Arista Films, Inc. v. Gilford Securities, Inc. green
calctapp · 1996
1 sentence

1997(Cf. Arista Films, Inc. v. Gilford Securities, Inc., supra, 43 Cal.App.4th at p. 501 ; see Engineers & Architects Assn. v. Community Development Dept., supra, 30 Cal.App.4th at pp. 652-653.) One of the first questions to be determined is whether the policy at issue is a standard form fire insurance policy as defined in Insurance Code section 2071.

11997–1997
Waller v. Truck Insurance Exchange, Inc. green
cal · 1995
1 sentence

1997Exchange, Inc., supra, 11 Cal.4th at p. 18 .) The determination as to whether a particular matter falls within an appraisal clause is also a question of law, subject to independent review.

11997–1997

Statutes the citing opinions construe

CA § Cal. Insurance Code § 2071 (4)

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

TX 72 (1931–2026) FL 42 (1973–2024) IL 23 (1983–2025) NY 14 (1910–2012) OR 12 (1983–2018) CT 10 (1979–2022) DE 9 (1979–2025) CA 8 (1989–2026) AZ 8 (1986–2024) WI 7 (1991–2024) AL 6 (1981–2023) NC 6 (2002–2020) IA 5 (2014–2021) PA 4 (1993–2020) MD 4 (1982–1990) NJ 3 (1990–2026) MN 3 (2010–2015) MI 3 (1977–2006) GA 3 (2006–2021) VA 2 (2001–2009) LA 2 (1986–1986) MO 2 (1966–1997) RI 2 (2011–2021) MA 2 (2011–2021) WA 2 (1988–1995)

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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