jury returned defense (California) · Go Syfert
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jury returned defense in California

8 California opinions name it 2 courts 1969–2021 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 (3)

CaseFollowedCited
Sandoval v. Bank of Americagreen
calctapp · 2002 · cited in 1 California opinions naming this issue, 2021–2021
1 sentence

2021(Cf. Sandoval v. Bank of America (2002) 94 Cal.App.4th 1378, 1388 [question about verdict form reflected jury’s confusion, which was exacerbated by court’s erroneous response].) If the BTRC was not property as the court instructed the jury, the only “property” subject to conversion was perhaps the LLC’s physical assets, money, and product at the Canoga Park dispensary.

11
Lafferty v. Wells Fargo Bankgreen
calctapp · 2013 · cited in 1 California opinions naming this issue, 2016–2016
2 sentences

2016(See Lafferty v. Wells Fargo Bank (2013) 213 Cal.App.4th 545, 560 [ 153 Cal.Rptr.3d 240 ] (Lafferty) [noting that “ ‘[a] creditor or assignee of the contract is thus subject to all claims or defenses that the consumer could assert against the seller’ ” and noting “ ‘[t]he Holder Rule does not create any new claims or defenses for the consumer; it simply protects the consumer’s existing claims and defenses’ ”].) Here, the record shows the jury returned a defense verdict for dealer.

2016(See Lafferty v. Wells Fargo Bank (2013) 213 Cal.App.4th 545, 560 [ 153 Cal.Rptr.3d 240 ] (Lafferty) [noting that “ ‘[a] creditor or assignee of the contract is thus subject to all claims or defenses that the consumer could assert against the seller’ ” and noting “ ‘[t]he Holder Rule does not create any new claims or defenses for the consumer; it simply protects the consumer’s existing claims and defenses’ ”].) Here, the record shows the jury returned a defense verdict for dealer.

11
Edwards v. Superior Courtgreen
cal · 1976 · cited in 1 California opinions naming this issue, 2013–2013
1 sentence

2013Plaintiffs do not challenge the sufficiency of the evidence to support the verdict. 2 They contend the trial court abused its discretion by prohibiting their causation expert's discussion of hearsay scientific literature and studies on direct examination pursuant to Evidence Code section 802,3 and by limiting plaintiffs' cross-examination of the defense experts as to certain hearsay literature and studies under section 721, subdivision (b)(1). 1 See Edwards v. Superior Court (1976) 16 Cal.3d 905, 918-919, fn. 6 (conc. & dis. opn. of Sullivan, J.). 2 Richard Steiner died shortly after the 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
Saller v. Crown Cork & Seal Co., Inc. green
calctapp · 2010
1 sentence

2020(Saller, supra, 187 Cal.App.4th at p. 1230 .) The jury returned defense verdicts for the claims on which it was instructed.

12020–2020
Okoli v. Lockheed Technical Operations Co. green
calctapp · 1995
2 sentences

2019There, the plaintiff, Charles Okoli, filed a DFEH complaint alleging that he was denied a promotion on the basis of his race and national origin. ( Okoli, supra , 36 Cal.App.4th at pp. 1609-1610, 43 Cal.Rptr.2d 57 .) Okoli obtained a right-to-sue-notice and then filed a civil action alleging racial and national origin discrimination, racial harassment, and retaliation against his employer, Lockheed Technical Operations Company. ( Id. at p. 1610, 43 Cal.Rptr.2d 57 .) The retaliation claim was based on adverse employment actions that he claimed were the result of his filing the DFEH charge. ( Id

2019There, the plaintiff, Charles Okoli, filed a DFEH complaint alleging that he was denied a promotion on the basis of his race and national origin. ( Okoli, supra , 36 Cal.App.4th at pp. 1609-1610, 43 Cal.Rptr.2d 57 .) Okoli obtained a right-to-sue-notice and then filed a civil action alleging racial and national origin discrimination, racial harassment, and retaliation against his employer, Lockheed Technical Operations Company. ( Id. at p. 1610, 43 Cal.Rptr.2d 57 .) The retaliation claim was based on adverse employment actions that he claimed were the result of his filing the DFEH charge. ( Id

12019–2019
Nazir v. United Airlines, Inc. green
calctapp · 2009
2 sentences

2019Although the transfer was completed after the filing of the DFEH complaint, the process for effectuating the transfer was well underway at the time of the filing and the DFEH complaint obviously refers to that process in alleging that Brown was "Denied or forced to transfer. " (Italics added.) The allegations in the DFEH complaint are " 'like and reasonably related to' " ( Wills, supra , 195 Cal.App.4th at p. 154 , 125 Cal.Rptr.3d 1 ) the discrimination and retaliation claims based on the transfer to Meadowview, and we would expect an investigation into the former to uncover the facts giving r

2019Although the transfer was completed after the filing of the DFEH complaint, the process for effectuating the transfer was well underway at the time of the filing and the DFEH complaint obviously refers to that process in alleging that Brown was "Denied or forced to transfer. " (Italics added.) The allegations in the DFEH complaint are " 'like and reasonably related to' " ( Wills, supra , 195 Cal.App.4th at p. 154 , 125 Cal.Rptr.3d 1 ) the discrimination and retaliation claims based on the transfer to Meadowview, and we would expect an investigation into the former to uncover the facts giving r

12019–2019
Saavedra v. ORANGE CTY. CONSOL. TRANSP. ETC. green
calctapp · 1992
2 sentences

2019Although the transfer was completed after the filing of the DFEH complaint, the process for effectuating the transfer was well underway at the time of the filing and the DFEH complaint obviously refers to that process in alleging that Brown was "Denied or forced to transfer. " (Italics added.) The allegations in the DFEH complaint are " 'like and reasonably related to' " ( Wills, supra , 195 Cal.App.4th at p. 154 , 125 Cal.Rptr.3d 1 ) the discrimination and retaliation claims based on the transfer to Meadowview, and we would expect an investigation into the former to uncover the facts giving r

2019Although the transfer was completed after the filing of the DFEH complaint, the process for effectuating the transfer was well underway at the time of the filing and the DFEH complaint obviously refers to that process in alleging that Brown was "Denied or forced to transfer. " (Italics added.) The allegations in the DFEH complaint are " 'like and reasonably related to' " ( Wills, supra , 195 Cal.App.4th at p. 154 , 125 Cal.Rptr.3d 1 ) the discrimination and retaliation claims based on the transfer to Meadowview, and we would expect an investigation into the former to uncover the facts giving r

12019–2019
Wills v. Superior Court green
calctapp · 2011
2 sentences

2019Although the transfer was completed after the filing of the DFEH complaint, the process for effectuating the transfer was well underway at the time of the filing and the DFEH complaint obviously refers to that process in alleging that Brown was "Denied or forced to transfer. " (Italics added.) The allegations in the DFEH complaint are " 'like and reasonably related to' " ( Wills, supra , 195 Cal.App.4th at p. 154 , 125 Cal.Rptr.3d 1 ) the discrimination and retaliation claims based on the transfer to Meadowview, and we would expect an investigation into the former to uncover the facts giving r

2019Although the transfer was completed after the filing of the DFEH complaint, the process for effectuating the transfer was well underway at the time of the filing and the DFEH complaint obviously refers to that process in alleging that Brown was "Denied or forced to transfer. " (Italics added.) The allegations in the DFEH complaint are " 'like and reasonably related to' " ( Wills, supra , 195 Cal.App.4th at p. 154 , 125 Cal.Rptr.3d 1 ) the discrimination and retaliation claims based on the transfer to Meadowview, and we would expect an investigation into the former to uncover the facts giving r

12019–2019
cluster 774653 green
ca9 · 2001
1 sentence

2003The judgment against plaintiffs and dismissal of defendant's counterclaims were eventually affirmed on appeal. ( Navellier v. Sletten (9th Cir. 2001) 262 F.3d 923 .) In September 1999, shortly after entry of the federal judgment, plaintiffs filed this fraud and breach of contract case, alleging that defendant misrepresented his intention to be bound by the release he executed, and that he breached the release by pursuing his federal counterclaims.

12003–2003
Pollack v. Lytle green
calctapp · 1981
2 sentences

2001Adding insult to injury, Lytle convinced the client to sue Pollack for legal malpractice. ( Pollack, supra, 120 Cal. App.3d at pp. 936-939, 175 Cal.Rptr. 81 .) The Court of Appeal, over a strongly worded dissent, reversed the trial court's order sustaining Lytle's demurrer, holding that simple agency principles governed the relationship of associate counsel. ( Pollack, supra, 120 Cal.App.3d at pp. 940-943, 175 Cal.Rptr. 81 .) Although it acknowledged "the growing body of law which holds, as a matter of public policy, that a successor attorney owes no duty to his predecessor [citations]" ( id.

2001Adding insult to injury, Lytle convinced the client to sue Pollack for legal malpractice. ( Pollack, supra, 120 Cal. App.3d at pp. 936-939, 175 Cal.Rptr. 81 .) The Court of Appeal, over a strongly worded dissent, reversed the trial court's order sustaining Lytle's demurrer, holding that simple agency principles governed the relationship of associate counsel. ( Pollack, supra, 120 Cal.App.3d at pp. 940-943, 175 Cal.Rptr. 81 .) Although it acknowledged "the growing body of law which holds, as a matter of public policy, that a successor attorney owes no duty to his predecessor [citations]" ( id.

12001–2001
Tomey v. Dyson green
calctapp · 1946
2 sentences

1969In Tomey v. Dyson, 76 Cal.App.2d 212 [ 172 P.2d 739 ], the court considered the applicability of former section 562 of the Vehicle Code, now section 21954, to a factual situation similar to the one under review.

1969In Tomey v. Dyson, 76 Cal.App.2d 212 [ 172 P.2d 739 ], the court considered the applicability of former section 562 of the Vehicle Code, now section 21954, to a factual situation similar to the one under review.

11969–1969

Where else courts name it

CA 8 (1969–2021) WA 4 (2006–2021) GA 4 (2001–2007) IA 3 (2001–2021) PA 3 (2018–2025) MD 2 (2005–2008) OK 2 (2017–2021) FL 2 (2006–2016) AZ 2 (1997–2007) MT 2 (1999–2013) OH 2 (2005–2026)

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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