issue constitutes waiver (California) · Go Syfert
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issue constitutes waiver in California

8 California opinions name it 1 courts 1942–2021 2 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 (4)

CaseFollowedCited
In Re Marriage of Falcone & Fykegreen
calctapp · 2008 · cited in 2 California opinions naming this issue, 2021–2021
2 sentences

2021Second, failure to offer reasoned analysis of the issue constitutes a waiver. “ ‘When an appellant fails to raise a point, or asserts it but fails to support it with reasoned argument and citations to authority, we treat the point as waived.’ ” (Cahill v. San Diego Gas & Electric Co. (2011) 194 Cal.App.4th 939, 956 , italics added; see also In re Marriage of Falcone & Fyke (2008) 164 Cal.App.4th 814, 830 [“[t]he absence of cogent legal argument or citation to authority allows this court to treat the contentions 16 as waived”].) Cross-complainants did not provide authority in their opening and

2021Second, failure to offer reasoned analysis of the issue constitutes a waiver. “ ‘When an appellant fails to raise a point, or asserts it but fails to support it with reasoned argument and citations to authority, we treat the point as waived.’ ” (Cahill v. San Diego Gas & Electric Co. (2011) 194 Cal.App.4th 939, 956 , italics added; see also In re Marriage of Falcone & Fyke (2008) 164 Cal.App.4th 814, 830 [“[t]he absence of cogent legal argument or citation to authority allows this court to treat the contentions 16 as waived”].) Cross-complainants did not provide authority in their opening and

22
People v. Carpentergreen
cal · 1999 · cited in 1 California opinions naming this issue, 2015–2015
1 sentence

2015(People v. Carpenter (1999) 21 Cal.4th 1016, 1046 [“ ‘An order is presumed correct; all intendments are indulged in to support it on matters as to which the record is silent, and error must be affirmatively shown.’ [Citation.] We must ‘view the record in the light most favorable to the trial court’s ruling 5 In denying the motion the court commented on the first three alleged instances of ineffective assistance but did not refer expressly to the fourth and fifth grounds. 15 and defer to its findings of historical fact, whether express or implied, if they are supported by substantial evidence.’

11
Davis v. Lucasgreen
calctapp · 1960 · cited in 1 California opinions naming this issue, 1969–1969
2 sentences

1969(Davis v. Lucas, 180 Cal.App.2d 407, 409-410 [ 4 Cal.Rptr. 479 ].) Nevertheless, to demonstrate the sufficiency of the evidence to support the award under review we shall summarize some of the evidence bearing upon relevant considerations such as “the amount involved [in the litigation], the skill required in its handling, the skill employed, the attention given, . . . the attorney’s skill and learning, including his age and experience in the particular type of work demanded.” (La Mesa-Spring Valley School Dist. v. Otsuka, supra, 57 Cal.2d 309, 316 .) As a result of their extensive investigati

1969(Davis v. Lucas, 180 Cal.App.2d 407, 409-410 [ 4 Cal.Rptr. 479 ].) Nevertheless, to demonstrate the sufficiency of the evidence to support the award under review we shall summarize some of the evidence bearing upon relevant considerations such as “the amount involved [in the litigation], the skill required in its handling, the skill employed, the attention given, . . . the attorney’s skill and learning, including his age and experience in the particular type of work demanded.” (La Mesa-Spring Valley School Dist. v. Otsuka, supra, 57 Cal.2d 309, 316 .) As a result of their extensive investigati

11
Springer v. Sodestromgreen
calctapp · 1942 · cited in 1 California opinions naming this issue, 1955–1955
2 sentences

1955In Springer v. Sodestrom, 54 Cal.App.2d 704, 707 [ 129 P.2d 499 ], *5 it is said: ‘ ‘ There can be no doubt that under some circumstances the offering of instructions on an issue constitutes a waiver, but that rule does not restrict the power of the trial court to grant a new trial.

1955In Springer v. Sodestrom, 54 Cal.App.2d 704, 707 [ 129 P.2d 499 ], *5 it is said: ‘ ‘ There can be no doubt that under some circumstances the offering of instructions on an issue constitutes a waiver, but that rule does not restrict the power of the trial court to grant a new trial.

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 (8)

CaseCitedYears
Cahill v. San Diego Gas & Electric Co. green
calctapp · 2011
2 sentences

2021Second, failure to offer reasoned analysis of the issue constitutes a waiver. “ ‘When an appellant fails to raise a point, or asserts it but fails to support it with reasoned argument and citations to authority, we treat the point as waived.’ ” (Cahill v. San Diego Gas & Electric Co. (2011) 194 Cal.App.4th 939, 956 , italics added; see also In re Marriage of Falcone & Fyke (2008) 164 Cal.App.4th 814, 830 [“[t]he absence of cogent legal argument or citation to authority allows this court to treat the contentions 16 as waived”].) Cross-complainants did not provide authority in their opening and

2021Second, failure to offer reasoned analysis of the issue constitutes a waiver. “ ‘When an appellant fails to raise a point, or asserts it but fails to support it with reasoned argument and citations to authority, we treat the point as waived.’ ” (Cahill v. San Diego Gas & Electric Co. (2011) 194 Cal.App.4th 939, 956 , italics added; see also In re Marriage of Falcone & Fyke (2008) 164 Cal.App.4th 814, 830 [“[t]he absence of cogent legal argument or citation to authority allows this court to treat the contentions 16 as waived”].) Cross-complainants did not provide authority in their opening and

22021–2021
Ray v. Kennedy green
calctapp · 1938
2 sentences

1944(Collins v. Graves, 17 Cal.App.2d 288 [ 61 P.2d 1198 ]; Ray v. Kennedy, 24 Cal.App.2d 583 [ 76 P.2d 147 ]; Charves v. San Francisco-Oakland Terminal Railways, 44 Cal.App. 221 [ 186 P. 154 ]; Gray v. Ellis, 164 Cal. 481 [ 129 P. 791 ].) There can be no doubt that under some circumstances the offering of instructions on an issue constitutes a waiver, but that rule does not restrict the power of the trial court to grant a new trial.

1944(Collins v. Graves, 17 Cal.App.2d 288 [ 61 P.2d 1198 ]; Ray v. Kennedy, 24 Cal.App.2d 583 [ 76 P.2d 147 ]; Charves v. San Francisco-Oakland Terminal Railways, 44 Cal.App. 221 [ 186 P. 154 ]; Gray v. Ellis, 164 Cal. 481 [ 129 P. 791 ].) There can be no doubt that under some circumstances the offering of instructions on an issue constitutes a waiver, but that rule does not restrict the power of the trial court to grant a new trial.

21942–1944
Collins v. Graves green
calctapp · 1936
2 sentences

1944(Collins v. Graves, 17 Cal.App.2d 288 [ 61 P.2d 1198 ]; Ray v. Kennedy, 24 Cal.App.2d 583 [ 76 P.2d 147 ]; Charves v. San Francisco-Oakland Terminal Railways, 44 Cal.App. 221 [ 186 P. 154 ]; Gray v. Ellis, 164 Cal. 481 [ 129 P. 791 ].) There can be no doubt that under some circumstances the offering of instructions on an issue constitutes a waiver, but that rule does not restrict the power of the trial court to grant a new trial.

1944(Collins v. Graves, 17 Cal.App.2d 288 [ 61 P.2d 1198 ]; Ray v. Kennedy, 24 Cal.App.2d 583 [ 76 P.2d 147 ]; Charves v. San Francisco-Oakland Terminal Railways, 44 Cal.App. 221 [ 186 P. 154 ]; Gray v. Ellis, 164 Cal. 481 [ 129 P. 791 ].) There can be no doubt that under some circumstances the offering of instructions on an issue constitutes a waiver, but that rule does not restrict the power of the trial court to grant a new trial.

21942–1944
Charves v. San Francisco-Oakland Terminal Railways green
calctapp · 1919
2 sentences

1944(Collins v. Graves, 17 Cal.App.2d 288 [ 61 P.2d 1198 ]; Ray v. Kennedy, 24 Cal.App.2d 583 [ 76 P.2d 147 ]; Charves v. San Francisco-Oakland Terminal Railways, 44 Cal.App. 221 [ 186 P. 154 ]; Gray v. Ellis, 164 Cal. 481 [ 129 P. 791 ].) There can be no doubt that under some circumstances the offering of instructions on an issue constitutes a waiver, but that rule does not restrict the power of the trial court to grant a new trial.

1944(Collins v. Graves, 17 Cal.App.2d 288 [ 61 P.2d 1198 ]; Ray v. Kennedy, 24 Cal.App.2d 583 [ 76 P.2d 147 ]; Charves v. San Francisco-Oakland Terminal Railways, 44 Cal.App. 221 [ 186 P. 154 ]; Gray v. Ellis, 164 Cal. 481 [ 129 P. 791 ].) There can be no doubt that under some circumstances the offering of instructions on an issue constitutes a waiver, but that rule does not restrict the power of the trial court to grant a new trial.

21942–1944
Gray v. Ellis green
cal · 1913
2 sentences

1944(Collins v. Graves, 17 Cal.App.2d 288 [ 61 P.2d 1198 ]; Ray v. Kennedy, 24 Cal.App.2d 583 [ 76 P.2d 147 ]; Charves v. San Francisco-Oakland Terminal Railways, 44 Cal.App. 221 [ 186 P. 154 ]; Gray v. Ellis, 164 Cal. 481 [ 129 P. 791 ].) There can be no doubt that under some circumstances the offering of instructions on an issue constitutes a waiver, but that rule does not restrict the power of the trial court to grant a new trial.

1944(Collins v. Graves, 17 Cal.App.2d 288 [ 61 P.2d 1198 ]; Ray v. Kennedy, 24 Cal.App.2d 583 [ 76 P.2d 147 ]; Charves v. San Francisco-Oakland Terminal Railways, 44 Cal.App. 221 [ 186 P. 154 ]; Gray v. Ellis, 164 Cal. 481 [ 129 P. 791 ].) There can be no doubt that under some circumstances the offering of instructions on an issue constitutes a waiver, but that rule does not restrict the power of the trial court to grant a new trial.

21942–1944
Luo Yu Jie v. Liang Tai Knitwear Co. green
calctapp · 2001
1 sentence

2015(People v. Carpenter (1999) 21 Cal.4th 1016, 1046 [“ ‘An order is presumed correct; all intendments are indulged in to support it on matters as to which the record is silent, and error must be affirmatively shown.’ [Citation.] We must ‘view the record in the light most favorable to the trial court’s ruling 5 In denying the motion the court commented on the first three alleged instances of ineffective assistance but did not refer expressly to the fourth and fifth grounds. 15 and defer to its findings of historical fact, whether express or implied, if they are supported by substantial evidence.’

12015–2015
State of California v. Superior Court green
cal · 1974
2 sentences

1977In State of California v. Superior Court (1974) 12 Cal.3d 237 [ 115 Cal.Rptr. 497 , 524 P.2d 1281 ], the petitioner argued for the first time in the trial court that the California Coastal Zone Conservation Act of 1972 was unconstitutional.

1977In State of California v. Superior Court (1974) 12 Cal.3d 237 [ 115 Cal.Rptr. 497 , 524 P.2d 1281 ], the petitioner argued for the first time in the trial court that the California Coastal Zone Conservation Act of 1972 was unconstitutional.

11977–1977
La Mesa-Spring Valley School District v. Nobuo Otsuka green
cal · 1962
2 sentences

1969(Davis v. Lucas, 180 Cal.App.2d 407, 409-410 [ 4 Cal.Rptr. 479 ].) Nevertheless, to demonstrate the sufficiency of the evidence to support the award under review we shall summarize some of the evidence bearing upon relevant considerations such as “the amount involved [in the litigation], the skill required in its handling, the skill employed, the attention given, . . . the attorney’s skill and learning, including his age and experience in the particular type of work demanded.” (La Mesa-Spring Valley School Dist. v. Otsuka, supra, 57 Cal.2d 309, 316 .) As a result of their extensive investigati

1969(Davis v. Lucas, 180 Cal.App.2d 407, 409-410 [ 4 Cal.Rptr. 479 ].) Nevertheless, to demonstrate the sufficiency of the evidence to support the award under review we shall summarize some of the evidence bearing upon relevant considerations such as "the amount involved [in the litigation], the skill required in its handling, the skill employed, the attention given, ... the attorney's skill and learning, including his age and experience in the particular type of work demanded." (La Mesa-Spring Valley School Dist. v. Otsuka, supra, 57 Cal.2d 309, 316 .) As a result of their extensive investigation

11969–1969

Where else courts name it

TX 12 (1999–2018) IA 8 (2019–2021) CA 8 (1942–2021) IL 6 (1988–2021) MI 6 (2000–2024) IN 4 (1981–2000) AZ 2 (1979–1984) NJ 2 (2020–2025) OH 2 (1990–2004) KS 2 (2012–2012) PA 2 (2024–2025) AR 2 (2016–2020)

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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