April motion (California) · Go Syfert
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April motion in California

8 California opinions name it 1 courts 1960–2022 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 (1)

CaseFollowedCited
In Re Floresgreen
calctapp · 1983 · cited in 1 California opinions naming this issue, 2003–2003
2 sentences

2003(See In re Flores (1983) 140 Cal.App.3d 1019, 1022 [ 190 Cal.Rptr. 388 ] [although § 1381 not available to sentenced probationer, his demand letter should have been evaluated under the requirements of § 1203.2a].) As applied to a probationer whose sentence has not been imposed, the probationary court has 30 days from the receipt of a valid, formal request from the defendant within which to impose sentence or lose further jurisdiction. (§ 1203.2a; Hoddinott, supra, 12 Cal.4th at p. 999 .) Broughton’s April motion did not meet the strict requirements for such a request; specifically, it did not

2003(See In re Flores (1983) 140 Cal.App.3d 1019, 1022 [ 190 Cal.Rptr. 388 ] [although § 1381 not available to sentenced probationer, his demand letter should have been evaluated under the requirements of § 1203.2a].) As applied to a probationer whose sentence has not been imposed, the probationary court has 30 days from the receipt of a valid, formal request from the defendant within which to impose sentence or lose further jurisdiction. (§ 1203.2a; Hoddinott, supra, 12 Cal.4th at p. 999 .) Broughton’s April motion did not meet the strict requirements for such a request; specifically, it did not

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 (7)

CaseCitedYears
Singer v. Singer green
calctapp · 1970
2 sentences

2016The boys were now “strapping teenagers.” (Singer, supra, 7 Cal.App.3d at p. 810 .) The trial court restricted the evidence at the October healing to change of circumstances since the April hearing.

2016The boys were now “strapping teenagers.” (Singer, supra, 7 Cal.App.3d at p. 810 .) The trial court restricted the evidence at the October healing to change of circumstances since the April hearing.

22016–2016
Manela v. Superior Court green
calctapp · 2009
1 sentence

2022(Manela v. Superior Court, supra, 177 Cal.App.4th at p. 1149 .) Burnet and Veatch could reasonably conclude his April motion lacked merit; it was ultimately denied.

12022–2022
In Re Hoddinott green
cal · 1996
2 sentences

2003The probation officer's failure to do so deprives the court of further jurisdiction, whether or not the letter includes a waiver of the right to be present and represented by counsel. ( Hoddinott, supra, 12 Cal.4th at p. 1000 , 50 Cal. Rptr.2d 706 , 911 P.2d 1381 ; § 1203.2a) The record before us is silent as to whether the April motion or October demand was ever delivered to Broughton's probation officer.

2003(Hoddinott, supra, 12 Cal.4th at p. 1000 ; § 1203.2a) The record before us is silent as to whether the April motion or October demand was ever delivered to Broughton’s probation officer.

12003–2003
Borer v. American Airlines, Inc. green
cal · 1977
2 sentences

1990First, April's claim for loss of parental consortium cannot stand in light of Borer v. American Airlines, Inc. (1977) 19 Cal.3d 441 [ 138 Cal.Rptr. 302 , 563 P.2d 858 ].

1990First, April's claim for loss of parental consortium cannot stand in light of Borer v. American Airlines, Inc. (1977) 19 Cal.3d 441 [ 138 Cal.Rptr. 302 , 563 P.2d 858 ].

11990–1990
Hollister Convalescent Hospital, Inc. v. Rico green
cal · 1975
2 sentences

1984(Hollister Convalescent Hosp., Inc. v. Rico (1975) 15 Cal.3d 660 [ 125 Cal.Rptr. 757 , 542 P.2d 1349 ].) The April motion to vacate the March 30 judgment for lack of personal jurisdiction was filed well within the 60-day period, but the order of denial was entered in the minutes on April 22, 1981, thus providing an extension under rule 3(b) only for 30 days thereafter, until May 22, 1981, which is still within the 60-day period from March 31 and yet before the June 17 filing of the section 473 motion to vacate.

1984(Hollister Convalescent Hosp., Inc. v. Rico (1975) 15 Cal.3d 660 [ 125 Cal.Rptr. 757 , 542 P.2d 1349 ].) The April motion to vacate the March 30 judgment for lack of personal jurisdiction was filed well within the 60-day period, but the order of denial was entered in the minutes on April 22, 1981, thus providing an extension under rule 3(b) only for 30 days thereafter, until May 22, 1981, which is still within the 60-day period from March 31 and yet before the June 17 filing of the section 473 motion to vacate.

11984–1984
People v. Guaracha green
calctapp · 1969
2 sentences

1971Unaccountably on April 5, 16 days before that hearing, 4-count information charging the burglaries to which defendant had pleaded guilty in 1966 was filed in the superior court. 4 Early in April defendant, in the municipal court, moved for a dismissal of the case, relying chiefly on People v. Guaracha, 272 Cal.App.2d 839 [ 77 Cal.Rptr. 695 ].

1971Unaccountably on April 5, 16 days before that hearing, 4-count information charging the burglaries to which defendant had pleaded guilty in 1966 was filed in the superior court. 4 Early in April defendant, in the municipal court, moved for a dismissal of the case, relying chiefly on People v. Guaracha, 272 Cal.App.2d 839 [ 77 Cal.Rptr. 695 ].

11971–1971
People v. Lancellotti green
calctapp · 1957
2 sentences

1960In support of its position that a consideration of the alleged errors by the trial court is foreclosed by the action of this court in denying defendant’s petition for alternative writs of prohibition and mandate, respondent cites People v. Lancellotti, 147 Cal.App.2d 723 [ 305 P.2d 926 ], The cited ease is not authority for the contention advanced.

1960In support of its position that a consideration of the alleged errors by the trial court is foreclosed by the action of this court in denying defendant’s petition for alternative writs of prohibition and mandate, respondent cites People v. Lancellotti, 147 Cal.App.2d 723 [ 305 P.2d 926 ], The cited ease is not authority for the contention advanced.

11960–1960

Where else courts name it

CA 8 (1960–2022) PA 5 (1983–2023) OH 4 (2007–2023) MI 3 (1929–2017) TX 3 (1991–2023) VA 3 (2001–2026) NC 2 (1984–2009) MD 2 (1973–2023) OR 2 (2009–2009) WY 2 (1972–1989) AZ 2 (1983–2019) MO 2 (1993–2024) MS 2 (2009–2016) IN 2 (2008–2018)

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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