8 California opinions name it 2 courts 1976–2024 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.
| Case | Followed | Cited |
|---|---|---|
Sinaiko Healthcare Consulting, Inc. v. Pacific Healthcare Consultantsgreen2 sentences2024(See Sinaiko Healthcare Consulting, Inc. v. Pacific Healthcare Consultants (2007) 148 Cal.App.4th 390, 409, fn. 14 [separate statement rule “does not limit a trial 6 Further rule references are to the California Rules of Court. 23 court’s discretion to compel further answers notwithstanding the absence of a separate statement”].) The contention is rejected. 4. 2024(See Sinaiko Healthcare Consulting, Inc. v. Pacific Healthcare Consultants (2007) 148 Cal.App.4th 390, 409, fn. 14 [separate statement rule “does not limit a trial 6 Further rule references are to the California Rules of Court. 23 court’s discretion to compel further answers notwithstanding the absence of a separate statement”].) The contention is rejected. 4. | 2 | 2 |
Raul Gonzales v. The City of Peoriagreen2 sentences1997In re Adolfo M . (1990) 225 Cal.App.3d 1225 , a juvenile court determined that a minor was a legal resident of Mexico, ordered him to be transferred to Mexican juvenile authorities under the terms of section 738 , and prohibited his return to the United States without "written permission from the juvenile court." ( Id ., at p. 1227.) The Court of Appeal found unconstitutional the court permission requirement for reentry into the United States: "Regarding the juvenile court order Adolfo not return to the United States without . . . the court's permission, the `[p]ower to regulate immigration is 1997In re Adolfo M. (1990) 225 Cal.App.3d 1225 , a juvenile court determined that a minor was a legal resident of Mexico, ordered him to be transferred to Mexican juvenile authorities under the terms of section 738, and prohibited his return to the United States without "written permission from the juvenile court." (Id., at p. 1227.) The Court of Appeal found unconstitutional the court permission requirement for reentry into the United States: "Regarding the juvenile court order Adolfo not return to the United States without . . . the court's permission, the `[p]ower to regulate immigration is unq | 2 | 2 |
People v. Arcigagreen2 sentences1997In re Adolfo M . (1990) 225 Cal.App.3d 1225 , a juvenile court determined that a minor was a legal resident of Mexico, ordered him to be transferred to Mexican juvenile authorities under the terms of section 738 , and prohibited his return to the United States without "written permission from the juvenile court." ( Id ., at p. 1227.) The Court of Appeal found unconstitutional the court permission requirement for reentry into the United States: "Regarding the juvenile court order Adolfo not return to the United States without . . . the court's permission, the `[p]ower to regulate immigration is 1997In re Adolfo M. (1990) 225 Cal.App.3d 1225 , a juvenile court determined that a minor was a legal resident of Mexico, ordered him to be transferred to Mexican juvenile authorities under the terms of section 738, and prohibited his return to the United States without "written permission from the juvenile court." (Id., at p. 1227.) The Court of Appeal found unconstitutional the court permission requirement for reentry into the United States: "Regarding the juvenile court order Adolfo not return to the United States without . . . the court's permission, the `[p]ower to regulate immigration is unq | 2 | 2 |
Gates v. Superior Courtgreen2 sentences1997In re Adolfo M. (1990) 225 Cal.App.3d 1225 , a juvenile court determined that a minor was a legal resident of Mexico, ordered him to be transferred to Mexican juvenile authorities under the terms of section 738, and prohibited his return to the United States without "written permission from the juvenile court." (Id., at p. 1227.) The Court of Appeal found unconstitutional the court permission requirement for reentry into the United States: "Regarding the juvenile court order Adolfo not return to the United States without . . . the court's permission, the `[p]ower to regulate immigration is unq 1997In re Adolfo M. (1990) 225 Cal.App.3d 1225 , a juvenile court determined that a minor was a legal resident of Mexico, ordered him to be transferred to Mexican juvenile authorities under the terms of section 738, and prohibited his return to the United States without "written permission from the juvenile court." (Id., at p. 1227.) The Court of Appeal found unconstitutional the court permission requirement for reentry into the United States: "Regarding the juvenile court order Adolfo not return to the United States without . . . the court's permission, the `[p]ower to regulate immigration is unq | 1 | 2 |
De Canas v. Bicared2 sentences1997In re Adolfo M. (1990) 225 Cal.App.3d 1225 , a juvenile court determined that a minor was a legal resident of Mexico, ordered him to be transferred to Mexican juvenile authorities under the terms of section 738, and prohibited his return to the United States without "written permission from the juvenile court." (Id., at p. 1227.) The Court of Appeal found unconstitutional the court permission requirement for reentry into the United States: "Regarding the juvenile court order Adolfo not return to the United States without . . . the court's permission, the `[p]ower to regulate immigration is unq 1997In re Adolfo M. (1990) 225 Cal.App.3d 1225 , a juvenile court determined that a minor was a legal resident of Mexico, ordered him to be transferred to Mexican juvenile authorities under the terms of section 738, and prohibited his return to the United States without "written permission from the juvenile court." (Id., at p. 1227.) The Court of Appeal found unconstitutional the court permission requirement for reentry into the United States: "Regarding the juvenile court order Adolfo not return to the United States without . . . the court's permission, the `[p]ower to regulate immigration is unq | 1 | 2 |
Chiesur v. Superior Courtgreen2 sentences1989(Chiesur v. Superior Court (1946) 76 Cal.App.2d 198, 202-203 [ 172 P.2d 763 ].) Since the underlying purpose of the rule is simply to accommodate all claims, if possible, in the receivership action under the supervision of the appointing court, it follows that the permission requirement is not a jurisdictional one, and the leading California case has so held. 1989(Chiesur v. Superior Court (1946) 76 Cal.App.2d 198, 202-203 [ 172 P.2d 763 ].) Since the underlying purpose of the rule is simply to accommodate all claims, if possible, in the receivership action under the supervision of the appointing court, it follows that the permission requirement is not a jurisdictional one, and the leading California case has so held. | 1 | 1 |
Copeland v. Salomongreen2 sentences1989(Ostrowski v. Miller, supra, 226 Cal.App.2d at p. 82 ; see also Copeland v. Salomon (1982) 56 N.Y.2d 222 [ 451 N.Y.S.2d 682, 685 , 436 N.E.2d 1284 ].) “[F]ailure to obtain leave to sue ‘is not jurisdictional, and failure to obtain is an irregularity which may be cured at any stage of the proceedings. . . . 1989(Ostrowski v. Miller, supra, 226 Cal.App.2d at p. 82 ; see also Copeland v. Salomon (1982) 56 N.Y.2d 222 [ 451 N.Y.S.2d 682, 685 , 436 N.E.2d 1284 ].) “[F]ailure to obtain leave to sue ‘is not jurisdictional, and failure to obtain is an irregularity which may be cured at any stage of the proceedings. . . . | 1 | 1 |
Miller v. Superior Courtgreen2 sentences1983Dist. v. Superior Court, supra, 55 Cal.2d at p. 455; People v. Lines (1975) 13 Cal.3d 500, 511-514 [ 119 Cal.Rptr. 225 , 531 P.2d 793 ]; Miller v. Superior Court (1980) 111 Cal.App.3d 390, 393 [ 168 Cal.Rptr. 589 ] [psychotherapist-patient privilege under Evid. 1983Dist. v. Superior Court, supra, 55 Cal.2d at p. 455; People v. Lines (1975) 13 Cal.3d 500, 511-514 [ 119 Cal.Rptr. 225 , 531 P.2d 793 ]; Miller v. Superior Court (1980) 111 Cal.App.3d 390, 393 [ 168 Cal.Rptr. 589 ] [psychotherapist-patient privilege under Evid. | 1 | 1 |
People v. Linesgreen2 sentences1983Dist. v. Superior Court, supra, 55 Cal.2d at p. 455; People v. Lines (1975) 13 Cal.3d 500, 511-514 [ 119 Cal.Rptr. 225 , 531 P.2d 793 ]; Miller v. Superior Court (1980) 111 Cal.App.3d 390, 393 [ 168 Cal.Rptr. 589 ] [psychotherapist-patient privilege under Evid. 1983Dist. v. Superior Court, supra, 55 Cal.2d at p. 455; People v. Lines (1975) 13 Cal.3d 500, 511-514 [ 119 Cal.Rptr. 225 , 531 P.2d 793 ]; Miller v. Superior Court (1980) 111 Cal.App.3d 390, 393 [ 168 Cal.Rptr. 589 ] [psychotherapist-patient privilege under Evid. | 1 | 1 |
Rosenblatt v. California State Board of Pharmacygreen2 sentences1983Bd. of Pharmacy (1945) 69 Cal.App.2d 69, 74 [ 158 P.2d 199 ] which stated that, “A license has none of the elements of a contract and does not confer an absolute right but a personal privilege . . . .” (Ibid.) There is a clear distinction between a license and a contract, although respondent City correctly states the frequent misuse of words such as “license,” “permit,” and “franchise.” Nevertheless, a license, defined “as a permission or privilege to do what otherwise would be unlawful . . .,” is most typically “. . . employed to designate official municipal authorization of a continuing busi 1983Bd. of Pharmacy (1945) 69 Cal.App.2d 69, 74 [ 158 P.2d 199 ] which stated that, “A license has none of the elements of a contract and does not confer an absolute right but a personal privilege . . . .” (Ibid.) There is a clear distinction between a license and a contract, although respondent City correctly states the frequent misuse of words such as “license,” “permit,” and “franchise.” Nevertheless, a license, defined “as a permission or privilege to do what otherwise would be unlawful . . .,” is most typically “. . . employed to designate official municipal authorization of a continuing busi | 1 | 1 |
San Francisco Unified School District v. Superior Courtgreen2 sentences1983Dist. v. Superior Court (1961) 55 Cal.2d 451, 454-455 [ 11 Cal.Rptr. 373 , 359 P.2d 925 , 82 A.L.R.2d 1156 ]; Moreno v. New Guadalupe Mining Co., supra, 35 Cal.App. at p. 757 [“ ‘[I]n actions for personal injury the permission to claim the privilege is a burlesque upon logic and justice.’ (4 Wigmore, sec. 2389, p. 3359)].”) It has been expressly held that “[t]he patient-litigant exception applies only to the physician-patient privilege . . . and there is no corresponding client-litigant exception . . . .” (City & County of S. F. v. Superior Court, supra, 37 Cal.2d at p. 238 ; accord S. F. Unif 1983Dist. v. Superior Court (1961) 55 Cal.2d 451, 454-455 [ 11 Cal.Rptr. 373 , 359 P.2d 925 , 82 A.L.R.2d 1156 ]; Moreno v. New Guadalupe Mining Co., supra, 35 Cal.App. at p. 757 [“ ‘[I]n actions for personal injury the permission to claim the privilege is a burlesque upon logic and justice.’ (4 Wigmore, sec. 2389, p. 3359)].”) It has been expressly held that “[t]he patient-litigant exception applies only to the physician-patient privilege . . . and there is no corresponding client-litigant exception . . . .” (City & County of S. F. v. Superior Court, supra, 37 Cal.2d at p. 238 ; accord S. F. Unif | 1 | 1 |
Moreno v. New Guadalupe Mining Co.green1 sentence1983Dist. v. Superior Court (1961) 55 Cal.2d 451, 454-455 [ 11 Cal.Rptr. 373 , 359 P.2d 925 , 82 A.L.R.2d 1156 ]; Moreno v. New Guadalupe Mining Co., supra, 35 Cal.App. at p. 757 [“ ‘[I]n actions for personal injury the permission to claim the privilege is a burlesque upon logic and justice.’ (4 Wigmore, sec. 2389, p. 3359)].”) It has been expressly held that “[t]he patient-litigant exception applies only to the physician-patient privilege . . . and there is no corresponding client-litigant exception . . . .” (City & County of S. F. v. Superior Court, supra, 37 Cal.2d at p. 238 ; accord S. F. Unif | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in California. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Hernandez v. State
green
2 sentences1997In re Adolfo M . (1990) 225 Cal.App.3d 1225 , a juvenile court determined that a minor was a legal resident of Mexico, ordered him to be transferred to Mexican juvenile authorities under the terms of section 738 , and prohibited his return to the United States without "written permission from the juvenile court." ( Id ., at p. 1227.) The Court of Appeal found unconstitutional the court permission requirement for reentry into the United States: "Regarding the juvenile court order Adolfo not return to the United States without . . . the court's permission, the `[p]ower to regulate immigration is 1997(DeCanas v. Bica, supra, 424 U.S. at pp. 354-357 [47 L.Ed.2d at pp. 48-50]; In re Manuel P., supra, 215 Cal.App.3d at pp. 61-63; Hernandez v. State (Tex.Crim.App. 1981) 613 S.W.2d 287, 290 .) Indeed, `"[t]he Federal Government has broad constitutional powers in determining what aliens shall be admitted to the Untied States, the period they may remain, regulation of their conduct before naturalization, and the terms and conditions of their naturalization. | 2 | 1997–1997 |
People v. Manuel P.
green
2 sentences1997In re Adolfo M . (1990) 225 Cal.App.3d 1225 , a juvenile court determined that a minor was a legal resident of Mexico, ordered him to be transferred to Mexican juvenile authorities under the terms of section 738 , and prohibited his return to the United States without "written permission from the juvenile court." ( Id ., at p. 1227.) The Court of Appeal found unconstitutional the court permission requirement for reentry into the United States: "Regarding the juvenile court order Adolfo not return to the United States without . . . the court's permission, the `[p]ower to regulate immigration is 1997In re Adolfo M. (1990) 225 Cal.App.3d 1225 , a juvenile court determined that a minor was a legal resident of Mexico, ordered him to be transferred to Mexican juvenile authorities under the terms of section 738, and prohibited his return to the United States without "written permission from the juvenile court." (Id., at p. 1227.) The Court of Appeal found unconstitutional the court permission requirement for reentry into the United States: "Regarding the juvenile court order Adolfo not return to the United States without . . . the court's permission, the `[p]ower to regulate immigration is unq | 2 | 1997–1997 |
People v. Adolfo M.
green
2 sentences1997In re Adolfo M . (1990) 225 Cal.App.3d 1225 , a juvenile court determined that a minor was a legal resident of Mexico, ordered him to be transferred to Mexican juvenile authorities under the terms of section 738 , and prohibited his return to the United States without "written permission from the juvenile court." ( Id ., at p. 1227.) The Court of Appeal found unconstitutional the court permission requirement for reentry into the United States: "Regarding the juvenile court order Adolfo not return to the United States without . . . the court's permission, the `[p]ower to regulate immigration is 1997In re Adolfo M. (1990) 225 Cal.App.3d 1225 , a juvenile court determined that a minor was a legal resident of Mexico, ordered him to be transferred to Mexican juvenile authorities under the terms of section 738, and prohibited his return to the United States without "written permission from the juvenile court." (Id., at p. 1227.) The Court of Appeal found unconstitutional the court permission requirement for reentry into the United States: "Regarding the juvenile court order Adolfo not return to the United States without . . . the court's permission, the `[p]ower to regulate immigration is unq | 2 | 1997–1997 |
Lopez v. United States Immigration and Naturalization Service
green
2 sentences1997In re Adolfo M . (1990) 225 Cal.App.3d 1225 , a juvenile court determined that a minor was a legal resident of Mexico, ordered him to be transferred to Mexican juvenile authorities under the terms of section 738 , and prohibited his return to the United States without "written permission from the juvenile court." ( Id ., at p. 1227.) The Court of Appeal found unconstitutional the court permission requirement for reentry into the United States: "Regarding the juvenile court order Adolfo not return to the United States without . . . the court's permission, the `[p]ower to regulate immigration is 1997In re Adolfo M. (1990) 225 Cal.App.3d 1225 , a juvenile court determined that a minor was a legal resident of Mexico, ordered him to be transferred to Mexican juvenile authorities under the terms of section 738, and prohibited his return to the United States without "written permission from the juvenile court." (Id., at p. 1227.) The Court of Appeal found unconstitutional the court permission requirement for reentry into the United States: "Regarding the juvenile court order Adolfo not return to the United States without . . . the court's permission, the `[p]ower to regulate immigration is unq | 2 | 1997–1997 |
Takahashi v. Fish & Game Commission
green
2 sentences1997Under the Constitution the states are granted no such powers; they can neither add to nor take from the conditions lawfully imposed by Congress upon admission, naturalization and residence of aliens in the United States or the several states.'" ( Toll v. Moreno (1982) 458 U.S. 1 , 11 [ 73 L.Ed.2d 563 , 572 , 102 S.Ct. 2977 ], quoting Takahashi v. Fish Game Comm'n (1948) 334 U.S. 410 , 419 [ 92 L.Ed. 1478 , 1487 , 68 S.Ct. 1138 ].) ". . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ". . . [A] state court may not condition reentry into the United Sta 1997Under the Constitution the states are granted no such powers; they can neither add to nor take from the conditions lawfully imposed by Congress upon admission, naturalization and residence of aliens in the United States or the several states.'" ( Toll v. Moreno (1982) 458 U.S. 1 , 11 [ 73 L.Ed.2d 563 , 572 , 102 S.Ct. 2977 ], quoting Takahashi v. Fish Game Comm'n (1948) 334 U.S. 410 , 419 [ 92 L.Ed. 1478 , 1487 , 68 S.Ct. 1138 ].) ". . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ". . . [A] state court may not condition reentry into the United Sta | 1 | 1997–1997 |
Toll v. Moreno
green
2 sentences1997Under the Constitution the states are granted no such powers; they can neither add to nor take from the conditions lawfully imposed by Congress upon admission, naturalization and residence of aliens in the United States or the several states.'" ( Toll v. Moreno (1982) 458 U.S. 1 , 11 [ 73 L.Ed.2d 563 , 572 , 102 S.Ct. 2977 ], quoting Takahashi v. Fish Game Comm'n (1948) 334 U.S. 410 , 419 [ 92 L.Ed. 1478 , 1487 , 68 S.Ct. 1138 ].) ". . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ". . . [A] state court may not condition reentry into the United Sta 1997Under the Constitution the states are granted no such powers; they can neither add to nor take from the conditions lawfully imposed by Congress upon admission, naturalization and residence of aliens in the United States or the several states.'" ( Toll v. Moreno (1982) 458 U.S. 1 , 11 [ 73 L.Ed.2d 563 , 572 , 102 S.Ct. 2977 ], quoting Takahashi v. Fish Game Comm'n (1948) 334 U.S. 410 , 419 [ 92 L.Ed. 1478 , 1487 , 68 S.Ct. 1138 ].) ". . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ". . . [A] state court may not condition reentry into the United Sta | 1 | 1997–1997 |
Ostrowski v. Miller
green
1 sentence1989(Ostrowski v. Miller, supra, 226 Cal.App.2d at p. 82 ; see also Copeland v. Salomon (1982) 56 N.Y.2d 222 [ 451 N.Y.S.2d 682, 685 , 436 N.E.2d 1284 ].) “[F]ailure to obtain leave to sue ‘is not jurisdictional, and failure to obtain is an irregularity which may be cured at any stage of the proceedings. . . . | 1 | 1989–1989 |
City & County of San Francisco v. Superior Court
green
1 sentence1983Dist. v. Superior Court (1961) 55 Cal.2d 451, 454-455 [ 11 Cal.Rptr. 373 , 359 P.2d 925 , 82 A.L.R.2d 1156 ]; Moreno v. New Guadalupe Mining Co., supra, 35 Cal.App. at p. 757 [“ ‘[I]n actions for personal injury the permission to claim the privilege is a burlesque upon logic and justice.’ (4 Wigmore, sec. 2389, p. 3359)].”) It has been expressly held that “[t]he patient-litigant exception applies only to the physician-patient privilege . . . and there is no corresponding client-litigant exception . . . .” (City & County of S. F. v. Superior Court, supra, 37 Cal.2d at p. 238 ; accord S. F. Unif | 1 | 1983–1983 |
Matits v. Nationwide Mutual Insurance
green
1 sentence1976Co., supra, 166 A.2d 345 ], we adopted the initial permission rule. | 1 | 1976–1976 |
State Farm Mutual Automobile Insurance v. Travelers Insurance
green
2 sentences1976Co. (1970) 57 N.J. 174 [ 270 A.2d 625, 627 ].) Explaining the “initial permission” rule, the court in Konrad stated: “When the named insured has initially once given permission to another person to use his motor vehicle but that person deviates from the permission granted, Illinois follows the so-called initial permission rule to the effect that the user need only to have received permission to take the vehicle in the first instance, and any use while it remains in his possession is with ‘permission’, under the omnibus clause, though that use may be for a purpose not contemplated by the named 1976Co. (1970) 57 N.J. 174 [ 270 A.2d 625, 627 ].) Explaining the “initial permission” rule, the court in Konrad stated: “When the named insured has initially once given permission to another person to use his motor vehicle but that person deviates from the permission granted, Illinois follows the so-called initial permission rule to the effect that the user need only to have received permission to take the vehicle in the first instance, and any use while it remains in his possession is with ‘permission’, under the omnibus clause, though that use may be for a purpose not contemplated by the named | 1 | 1976–1976 |
Konrad v. Hartford Accident & Indemnity Co.
green
1 sentence1976Co. (1970) 57 N.J. 174 [ 270 A.2d 625, 627 ].) Explaining the “initial permission” rule, the court in Konrad stated: “When the named insured has initially once given permission to another person to use his motor vehicle but that person deviates from the permission granted, Illinois follows the so-called initial permission rule to the effect that the user need only to have received permission to take the vehicle in the first instance, and any use while it remains in his possession is with ‘permission’, under the omnibus clause, though that use may be for a purpose not contemplated by the named | 1 | 1976–1976 |
Baesler v. Globe Indemnity Co.
green
2 sentences1976It was our view that the minor deviation and conversion rules, which made coverage turn on the scope of permission given in the first instance, rendered coverage uncertain, fostered unnecessary litigation, and did not comport with New Jersey’s legislative policy of assuring an available fund for the innocent victims of automobile accidents. [Citations omitted.] Accordingly, we held that if a person is given permission to use a motor vehicle in the first instance, any subsequent use short of an unlawful taking while it remains in his possession, is a permissive use within the standard omnibus c 1976It was our view that the minor deviation and conversion rules, which made coverage turn on the scope of permission given in the first instance, rendered coverage uncertain, fostered unnecessary litigation, and did not comport with New Jersey’s legislative policy of assuring an available fund for the innocent victims of automobile accidents. [Citations omitted.] Accordingly, we held that if a person is given permission to use a motor vehicle in the first instance, any subsequent use short of an unlawful taking while it remains in his possession, is a permissive use within the standard omnibus c | 1 | 1976–1976 |
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.