party relying upon doctrine (California) · Go Syfert
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party relying upon doctrine in California

8 California opinions name it 2 courts 1931–2015 0 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 (11)

CaseFollowedCited
Haun v. Hymangreen
calctapp · 1963 · cited in 1 California opinions naming this issue, 2010–2010
2 sentences

2010Co. (1976) 59 Cal.App.3d 26, 45 [ 130 Cal.Rptr. 446 ].) Although Franklin Mint made references to the collateral estoppel effect of the district court rulings, it did not identify the elements of collateral estoppel, let alone attempt to apply the facts of the case to those elements. 8 Indeed, Franklin Mint never attempted in the trial court to submit evidence from the underlying proceedings to prove that the same issues were tried and determined in that action. 9 (See Haun v. Hyman (1963) 223 Cal.App.2d 615, 619 [ 36 Cal.Rptr. 84 ] [“a party relying upon the doctrine of collateral estoppel ha

2010Co. (1976) 59 Cal.App.3d 26, 45 [ 130 Cal.Rptr. 446 ].) Although Franklin Mint made references to the collateral estoppel effect of the district court rulings, it did not identify the elements of collateral estoppel, let alone attempt to apply the facts of the case to those elements. 8 Indeed, Franklin Mint never attempted in the trial court to submit evidence from the underlying proceedings to prove that the same issues were tried and determined in that action. 9 (See Haun v. Hyman (1963) 223 Cal.App.2d 615, 619 [ 36 Cal.Rptr. 84 ] [“a party relying upon the doctrine of collateral estoppel ha

11
Jordan v. Consolidated Mutual Insurancegreen
calctapp · 1976 · cited in 1 California opinions naming this issue, 2010–2010
2 sentences

2010Co. (1976) 59 Cal.App.3d 26, 45 [ 130 Cal.Rptr. 446 ].) Although Franklin Mint made references to the collateral estoppel effect of the district court rulings, it did not identify the elements of collateral estoppel, let alone attempt to apply the facts of the case to those elements. 8 Indeed, Franklin Mint never attempted in the trial court to submit evidence from the underlying proceedings to prove that the same issues were tried and determined in that action. 9 (See Haun v. Hyman (1963) 223 Cal.App.2d 615, 619 [ 36 Cal.Rptr. 84 ] [“a party relying upon the doctrine of collateral estoppel ha

2010Co. (1976) 59 Cal.App.3d 26, 45 [ 130 Cal.Rptr. 446 ].) Although Franklin Mint made references to the collateral estoppel effect of the district court rulings, it did not identify the elements of collateral estoppel, let alone attempt to apply the facts of the case to those elements. 8 Indeed, Franklin Mint never attempted in the trial court to submit evidence from the underlying proceedings to prove that the same issues were tried and determined in that action. 9 (See Haun v. Hyman (1963) 223 Cal.App.2d 615, 619 [ 36 Cal.Rptr. 84 ] [“a party relying upon the doctrine of collateral estoppel ha

11
Sheldon Appel Co. v. Albert & Olikergreen
cal · 1989 · cited in 1 California opinions naming this issue, 2010–2010
2 sentences

2010Probable Cause in a Malicious Prosecution Case (3) To establish a cause of action for malicious prosecution, a plaintiff must prove that the underlying action was (1) terminated in the plaintiff's favor, (2) prosecuted without probable cause, and (3) initiated with malice. ( Zamos v. Stroud (2004) 32 Cal.4th 958, 966, 973 [ 12 Cal.Rptr.3d 54 , 87 P.3d 802 ].) A claim for malicious prosecution need not be addressed to an entire lawsuit; it may, as in this case, be based upon only some of the causes of action alleged in the underlying lawsuit. ( Bertero v. National General Corp. (1974) 13 Cal.3d

2010Probable Cause in a Malicious Prosecution Case (3) To establish a cause of action for malicious prosecution, a plaintiff must prove that the underlying action was (1) terminated in the plaintiff's favor, (2) prosecuted without probable cause, and (3) initiated with malice. ( Zamos v. Stroud (2004) 32 Cal.4th 958, 966, 973 [ 12 Cal.Rptr.3d 54 , 87 P.3d 802 ].) A claim for malicious prosecution need not be addressed to an entire lawsuit; it may, as in this case, be based upon only some of the causes of action alleged in the underlying lawsuit. ( Bertero v. National General Corp. (1974) 13 Cal.3d

11
Zamos v. Stroudgreen
cal · 2004 · cited in 1 California opinions naming this issue, 2010–2010
2 sentences

2010Probable Cause in a Malicious Prosecution Case (3) To establish a cause of action for malicious prosecution, a plaintiff must prove that the underlying action was (1) terminated in the plaintiff's favor, (2) prosecuted without probable cause, and (3) initiated with malice. ( Zamos v. Stroud (2004) 32 Cal.4th 958, 966, 973 [ 12 Cal.Rptr.3d 54 , 87 P.3d 802 ].) A claim for malicious prosecution need not be addressed to an entire lawsuit; it may, as in this case, be based upon only some of the causes of action alleged in the underlying lawsuit. ( Bertero v. National General Corp. (1974) 13 Cal.3d

2010Probable Cause in a Malicious Prosecution Case (3) To establish a cause of action for malicious prosecution, a plaintiff must prove that the underlying action was (1) terminated in the plaintiff's favor, (2) prosecuted without probable cause, and (3) initiated with malice. ( Zamos v. Stroud (2004) 32 Cal.4th 958, 966, 973 [ 12 Cal.Rptr.3d 54 , 87 P.3d 802 ].) A claim for malicious prosecution need not be addressed to an entire lawsuit; it may, as in this case, be based upon only some of the causes of action alleged in the underlying lawsuit. ( Bertero v. National General Corp. (1974) 13 Cal.3d

11
Bertero v. National General Corp.green
cal · 1974 · cited in 1 California opinions naming this issue, 2010–2010
2 sentences

2010Probable Cause in a Malicious Prosecution Case (3) To establish a cause of action for malicious prosecution, a plaintiff must prove that the underlying action was (1) terminated in the plaintiff's favor, (2) prosecuted without probable cause, and (3) initiated with malice. ( Zamos v. Stroud (2004) 32 Cal.4th 958, 966, 973 [ 12 Cal.Rptr.3d 54 , 87 P.3d 802 ].) A claim for malicious prosecution need not be addressed to an entire lawsuit; it may, as in this case, be based upon only some of the causes of action alleged in the underlying lawsuit. ( Bertero v. National General Corp. (1974) 13 Cal.3d

2010Probable Cause in a Malicious Prosecution Case (3) To establish a cause of action for malicious prosecution, a plaintiff must prove that the underlying action was (1) terminated in the plaintiff's favor, (2) prosecuted without probable cause, and (3) initiated with malice. ( Zamos v. Stroud (2004) 32 Cal.4th 958, 966, 973 [ 12 Cal.Rptr.3d 54 , 87 P.3d 802 ].) A claim for malicious prosecution need not be addressed to an entire lawsuit; it may, as in this case, be based upon only some of the causes of action alleged in the underlying lawsuit. ( Bertero v. National General Corp. (1974) 13 Cal.3d

11
Crowley v. Katlemangreen
cal · 1994 · cited in 1 California opinions naming this issue, 2010–2010
2 sentences

2010Probable Cause in a Malicious Prosecution Case (3) To establish a cause of action for malicious prosecution, a plaintiff must prove that the underlying action was (1) terminated in the plaintiff's favor, (2) prosecuted without probable cause, and (3) initiated with malice. ( Zamos v. Stroud (2004) 32 Cal.4th 958, 966, 973 [ 12 Cal.Rptr.3d 54 , 87 P.3d 802 ].) A claim for malicious prosecution need not be addressed to an entire lawsuit; it may, as in this case, be based upon only some of the causes of action alleged in the underlying lawsuit. ( Bertero v. National General Corp. (1974) 13 Cal.3d

2010Probable Cause in a Malicious Prosecution Case (3) To establish a cause of action for malicious prosecution, a plaintiff must prove that the underlying action was (1) terminated in the plaintiff's favor, (2) prosecuted without probable cause, and (3) initiated with malice. ( Zamos v. Stroud (2004) 32 Cal.4th 958, 966, 973 [ 12 Cal.Rptr.3d 54 , 87 P.3d 802 ].) A claim for malicious prosecution need not be addressed to an entire lawsuit; it may, as in this case, be based upon only some of the causes of action alleged in the underlying lawsuit. ( Bertero v. National General Corp. (1974) 13 Cal.3d

11
Mattel, Inc. v. Luce, Forward, Hamilton & Scrippsgreen
calctapp · 2002 · cited in 1 California opinions naming this issue, 2010–2010
2 sentences

2010Co. (1976) 59 Cal.App.3d 26, 45 [ 130 Cal.Rptr. 446 ].) Although Franklin Mint made references to the collateral estoppel effect of the district court rulings, it did not identify the elements of collateral estoppel, let alone attempt to apply the facts of the case to those elements. [8] Indeed, Franklin Mint never attempted in the trial court to submit evidence from the underlying proceedings to prove that the same issues were tried and determined in that action. [9] (See Haun v. Hyman (1963) 223 Cal.App.2d 615, 619 [ 36 Cal.Rptr. 84 ] ["a party relying upon the doctrine of collateral estoppe

2010Co. (1976) 59 Cal.App.3d 26, 45 [ 130 Cal.Rptr. 446 ].) Although Franklin Mint made references to the collateral estoppel effect of the district court rulings, it did not identify the elements of collateral estoppel, let alone attempt to apply the facts of the case to those elements. [8] Indeed, Franklin Mint never attempted in the trial court to submit evidence from the underlying proceedings to prove that the same issues were tried and determined in that action. [9] (See Haun v. Hyman (1963) 223 Cal.App.2d 615, 619 [ 36 Cal.Rptr. 84 ] ["a party relying upon the doctrine of collateral estoppe

11
Leonardini v. Shell Oil Co.green
calctapp · 1989 · cited in 1 California opinions naming this issue, 2010–2010
2 sentences

2010Probable Cause in a Malicious Prosecution Case (3) To establish a cause of action for malicious prosecution, a plaintiff must prove that the underlying action was (1) terminated in the plaintiff's favor, (2) prosecuted without probable cause, and (3) initiated with malice. ( Zamos v. Stroud (2004) 32 Cal.4th 958, 966, 973 [ 12 Cal.Rptr.3d 54 , 87 P.3d 802 ].) A claim for malicious prosecution need not be addressed to an entire lawsuit; it may, as in this case, be based upon only some of the causes of action alleged in the underlying lawsuit. ( Bertero v. National General Corp. (1974) 13 Cal.3d

2010Probable Cause in a Malicious Prosecution Case (3) To establish a cause of action for malicious prosecution, a plaintiff must prove that the underlying action was (1) terminated in the plaintiff's favor, (2) prosecuted without probable cause, and (3) initiated with malice. ( Zamos v. Stroud (2004) 32 Cal.4th 958, 966, 973 [ 12 Cal.Rptr.3d 54 , 87 P.3d 802 ].) A claim for malicious prosecution need not be addressed to an entire lawsuit; it may, as in this case, be based upon only some of the causes of action alleged in the underlying lawsuit. ( Bertero v. National General Corp. (1974) 13 Cal.3d

11
Babcock v. Babcockgreen
calctapp · 1944 · cited in 1 California opinions naming this issue, 1963–1963
2 sentences

1963(Babcock v. Babcock (1944) 63 Cal.App.2d 94, 97-98 [ 146 P.2d 279 ].) It is accordingly the rule that the entire proceedings in the first suit may be admitted for the purpose of determining whether the issue in question was in fact, decided by the prior judgment.

1963(Babcock v. Babcock (1944) 63 Cal.App.2d 94, 97-98 [ 146 P.2d 279 ].) It is accordingly the rule that the entire proceedings in the first suit may be admitted for the purpose of determining whether the issue in question was in fact, decided by the prior judgment.

11
Scott v. Burkegreen
cal · 1952 · cited in 1 California opinions naming this issue, 1959–1959
2 sentences

1959(Scott v. Burke, 39 Cal.2d 388, 394-395 [ 247 P.2d 313 ].) Evidence of an opposing party called under Code of Civil Procedure, section 2055, does not dispel the presumption.

1959(Scott v. Burke, 39 Cal.2d 388, 394-395 [ 247 P.2d 313 ].) Evidence of an opposing party called under Code of Civil Procedure, section 2055, does not dispel the presumption.

11
Rogers v. Interstate Transit Co.green
cal · 1931 · cited in 1 California opinions naming this issue, 1957–1957
2 sentences

1957(See also Tuderios v. Hertz Drivurself Stations, Inc., 70 Cal.App.2d 192 [ 160 P.2d 554 ]; Rogers v. Interstate Transit Co., 212 Cal. 36, 38 [ 297 P. 884 ]; Rozzen v. Blumenfeld, 117 Cal.App.2d 285 [ 255 P.2d 850 ]; Verhaegen v. Guy F. Atkinson Co., 126 Cal.App.2d 442 [ 272 P.2d 855 ]; Stout v. Southern Pac. *495 R.

1957(See also Tuderios v. Hertz Drivurself Stations, Inc., 70 Cal.App.2d 192 [ 160 P.2d 554 ]; Rogers v. Interstate Transit Co., 212 Cal. 36, 38 [ 297 P. 884 ]; Rozzen v. Blumenfeld, 117 Cal.App.2d 285 [ 255 P.2d 850 ]; Verhaegen v. Guy F. Atkinson Co., 126 Cal.App.2d 442 [ 272 P.2d 855 ]; Stout v. Southern Pac. *495 R.

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 (13)

CaseCitedYears
Franklin Mint Co. v. Manatt, Phelps & Phillips, LLP green
calctapp · 2010
1 sentence

2015(Franklin Mint Co. v. Manatt, Phelps & Phillips, LLP (2010) 184 Cal.App.4th 313, 332 .) A party relying upon the doctrine of collateral estoppel bears the burden of proving that a particular issue was actually tried and determined in the prior action.

12015–2015
Boggs v. Merced Mining Co. green
cal · 1859
1 sentence

1960(Biddle Boggs v. Merced Mining Co., 14 Cal. 279, 368 ; American Nat.

11960–1960
Smellie v. Southern Pacific Co. green
cal · 1931
2 sentences

1959Co., 212 Cal. 540 [ 299 P. 529 ].) This presumption can be dispelled only by uncontradicted “irreconcilable” evidence produced by the party relying upon the presumption.

1959Co., 212 Cal. 540 [ 299 P. 529 ].) This presumption can be dispelled only by uncontradicted “irreconcilable” evidence produced by the party relying upon the presumption.

11959–1959
Verhaegen v. Guy F. Atkinson Co. green
calctapp · 1954
2 sentences

1957(See also Tuderios v. Hertz Drivurself Stations, Inc., 70 Cal.App.2d 192 [ 160 P.2d 554 ]; Rogers v. Interstate Transit Co., 212 Cal. 36, 38 [ 297 P. 884 ]; Rozzen v. Blumenfeld, 117 Cal.App.2d 285 [ 255 P.2d 850 ]; Verhaegen v. Guy F. Atkinson Co., 126 Cal.App.2d 442 [ 272 P.2d 855 ]; Stout v. Southern Pac. *495 R.

1957(See also Tuderios v. Hertz Drivurself Stations, Inc., 70 Cal.App.2d 192 [ 160 P.2d 554 ]; Rogers v. Interstate Transit Co., 212 Cal. 36, 38 [ 297 P. 884 ]; Rozzen v. Blumenfeld, 117 Cal.App.2d 285 [ 255 P.2d 850 ]; Verhaegen v. Guy F. Atkinson Co., 126 Cal.App.2d 442 [ 272 P.2d 855 ]; Stout v. Southern Pac. *495 R.

11957–1957
Speck v. Sarver green
cal · 1942
2 sentences

1957This issue was squarely met and decided in Nunnemaker v. Headlee, 140 Cal.App.2d 666 [ 295 P.2d 438 ] [Hearing denied] ; and Speck v. Sarver, 20 Cal.2d 585 [ 128 P.2d 16 ], where it was stated that it was error to give such an instruction when the party relying upon the presumption testified at the trial as to the circumstances of the collision and also produced witnesses who gave evidence of his acts and conduct just before and after the time of the collision.

1957This issue was squarely met and decided in Nunnemaker v. Headlee, 140 Cal.App.2d 666 [ 295 P.2d 438 ] [Hearing denied] ; and Speck v. Sarver, 20 Cal.2d 585 [ 128 P.2d 16 ], where it was stated that it was error to give such an instruction when the party relying upon the presumption testified at the trial as to the circumstances of the collision and also produced witnesses who gave evidence of his acts and conduct just before and after the time of the collision.

11957–1957
Nunnemaker v. Headlee green
calctapp · 1956
2 sentences

1957This issue was squarely met and decided in Nunnemaker v. Headlee, 140 Cal.App.2d 666 [ 295 P.2d 438 ] [Hearing denied] ; and Speck v. Sarver, 20 Cal.2d 585 [ 128 P.2d 16 ], where it was stated that it was error to give such an instruction when the party relying upon the presumption testified at the trial as to the circumstances of the collision and also produced witnesses who gave evidence of his acts and conduct just before and after the time of the collision.

1957This issue was squarely met and decided in Nunnemaker v. Headlee, 140 Cal.App.2d 666 [ 295 P.2d 438 ] [Hearing denied] ; and Speck v. Sarver, 20 Cal.2d 585 [ 128 P.2d 16 ], where it was stated that it was error to give such an instruction when the party relying upon the presumption testified at the trial as to the circumstances of the collision and also produced witnesses who gave evidence of his acts and conduct just before and after the time of the collision.

11957–1957
Tuderios v. Hertz Drivurself Stations, Inc. green
calctapp · 1945
2 sentences

1957(See also Tuderios v. Hertz Drivurself Stations, Inc., 70 Cal.App.2d 192 [ 160 P.2d 554 ]; Rogers v. Interstate Transit Co., 212 Cal. 36, 38 [ 297 P. 884 ]; Rozzen v. Blumenfeld, 117 Cal.App.2d 285 [ 255 P.2d 850 ]; Verhaegen v. Guy F. Atkinson Co., 126 Cal.App.2d 442 [ 272 P.2d 855 ]; Stout v. Southern Pac. *495 R.

1957(See also Tuderios v. Hertz Drivurself Stations, Inc., 70 Cal.App.2d 192 [ 160 P.2d 554 ]; Rogers v. Interstate Transit Co., 212 Cal. 36, 38 [ 297 P. 884 ]; Rozzen v. Blumenfeld, 117 Cal.App.2d 285 [ 255 P.2d 850 ]; Verhaegen v. Guy F. Atkinson Co., 126 Cal.App.2d 442 [ 272 P.2d 855 ]; Stout v. Southern Pac. *495 R.

11957–1957
Rozzen v. Blumenfeld green
calctapp · 1953
2 sentences

1957(See also Tuderios v. Hertz Drivurself Stations, Inc., 70 Cal.App.2d 192 [ 160 P.2d 554 ]; Rogers v. Interstate Transit Co., 212 Cal. 36, 38 [ 297 P. 884 ]; Rozzen v. Blumenfeld, 117 Cal.App.2d 285 [ 255 P.2d 850 ]; Verhaegen v. Guy F. Atkinson Co., 126 Cal.App.2d 442 [ 272 P.2d 855 ]; Stout v. Southern Pac. *495 R.

1957(See also Tuderios v. Hertz Drivurself Stations, Inc., 70 Cal.App.2d 192 [ 160 P.2d 554 ]; Rogers v. Interstate Transit Co., 212 Cal. 36, 38 [ 297 P. 884 ]; Rozzen v. Blumenfeld, 117 Cal.App.2d 285 [ 255 P.2d 850 ]; Verhaegen v. Guy F. Atkinson Co., 126 Cal.App.2d 442 [ 272 P.2d 855 ]; Stout v. Southern Pac. *495 R.

11957–1957
Wood v. Jotham Bixby Co. green
calctapp · 1938
2 sentences

1948(Wienke v. Smith, 179 Cal. 220 [ 176 P. 42 ] ; Wood v. Jotham Bixby Co., 29 Cal.App.2d 294 [ 84 P.2d 204 ].) This defendants did not do.

1948(Wienke v. Smith, 179 Cal. 220 [ 176 P. 42 ] ; Wood v. Jotham Bixby Co., 29 Cal.App.2d 294 [ 84 P.2d 204 ].) This defendants did not do.

11948–1948
Wienke v. Smith green
cal · 1918
2 sentences

1948(Wienke v. Smith, 179 Cal. 220 [ 176 P. 42 ] ; Wood v. Jotham Bixby Co., 29 Cal.App.2d 294 [ 84 P.2d 204 ].) This defendants did not do.

1948(Wienke v. Smith, 179 Cal. 220 [ 176 P. 42 ] ; Wood v. Jotham Bixby Co., 29 Cal.App.2d 294 [ 84 P.2d 204 ].) This defendants did not do.

11948–1948
Green v. Soule green
cal · 1904
2 sentences

1931(Dickey v. Davis, 39 Cal. 565 ; Bates v. Howard, 105 Cal. 173 [ 38 Pac. 715 ]; Green v. Soule, 145 Cal. 96 -103 [ 78 Pac. 337 ].) While it is true that appellant may be entitled to the presumption of negligence on the part of the employer, if the evidence supports the finding of an injury received arising out of the employment, this however, is not a conclusive presumption but disappears when contradicted or controverted by the evidence of the party relying upon the presumption if the circumstances are such as to afford no indication that the testimony was the product of mistake or inadvertenc

1931(Dickey v. Davis, 39 Cal. 565 ; Bates v. Howard, 105 Cal. 173 [ 38 Pac. 715 ]; Green v. Soule, 145 Cal. 96 -103 [ 78 Pac. 337 ].) While it is true that appellant may be entitled to the presumption of negligence on the part of the employer, if the evidence supports the finding of an injury received arising out of the employment, this however, is not a conclusive presumption but disappears when contradicted or controverted by the evidence of the party relying upon the presumption if the circumstances are such as to afford no indication that the testimony was the product of mistake or inadvertenc

11931–1931
Dickey v. Davis neutral
cal · 1870
1 sentence

1931(Dickey v. Davis, 39 Cal. 565 ; Bates v. Howard, 105 Cal. 173 [ 38 Pac. 715 ]; Green v. Soule, 145 Cal. 96 -103 [ 78 Pac. 337 ].) While it is true that appellant may be entitled to the presumption of negligence on the part of the employer, if the evidence supports the finding of an injury received arising out of the employment, this however, is not a conclusive presumption but disappears when contradicted or controverted by the evidence of the party relying upon the presumption if the circumstances are such as to afford no indication that the testimony was the product of mistake or inadvertenc

11931–1931
Bates v. Howard green
cal · 1894
2 sentences

1931(Dickey v. Davis, 39 Cal. 565 ; Bates v. Howard, 105 Cal. 173 [ 38 Pac. 715 ]; Green v. Soule, 145 Cal. 96 -103 [ 78 Pac. 337 ].) While it is true that appellant may be entitled to the presumption of negligence on the part of the employer, if the evidence supports the finding of an injury received arising out of the employment, this however, is not a conclusive presumption but disappears when contradicted or controverted by the evidence of the party relying upon the presumption if the circumstances are such as to afford no indication that the testimony was the product of mistake or inadvertenc

1931(Dickey v. Davis, 39 Cal. 565 ; Bates v. Howard, 105 Cal. 173 [ 38 Pac. 715 ]; Green v. Soule, 145 Cal. 96 -103 [ 78 Pac. 337 ].) While it is true that appellant may be entitled to the presumption of negligence on the part of the employer, if the evidence supports the finding of an injury received arising out of the employment, this however, is not a conclusive presumption but disappears when contradicted or controverted by the evidence of the party relying upon the presumption if the circumstances are such as to afford no indication that the testimony was the product of mistake or inadvertenc

11931–1931

Where else courts name it

TX 18 (1925–2022) CA 8 (1931–2015) TN 4 (1956–2015) MO 3 (1909–1976) VA 3 (1928–2007) MT 3 (1928–1935) NJ 2 (1905–2008) PA 2 (1922–1930) IN 2 (1925–1941) IA 2 (1868–1916)

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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