uncertain rule (California) · Go Syfert
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uncertain rule in California

8 California opinions name it 3 courts 1940–2019 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
National Advertising Co. v. County of Montereygreen
cal · 1970 · cited in 1 California opinions naming this issue, 1976–1976
1 sentence

1976Co., supra, 1 Cal.3d 875, 878.) The policy before us demonstrates simultaneously both the evil and at least a partial cure, for the relative clarity with which it excludes passengers from coverage casts into sharp contrast the obscure and tortuous reading by which the insurer claims to have excluded the permissive user in the instant case.

11
Continental Casualty Co. v. Phoenix Construction Co.green
cal · 1956 · cited in 1 California opinions naming this issue, 1972–1972
2 sentences

1972Co. (1956) 46 Cal.2d 423, 437-438 [ 296 P.2d 801 ].) We have emphasized that the uncertain clause leaves in its murky wake not only the disillusioned insured and the protesting insurer but also the anguished court.

1972Co. (1956) 46 Cal.2d 423, 437-438 [ 296 P.2d 801 ].) We have emphasized that the uncertain clause leaves in its murky wake not only the disillusioned insured and the protesting insurer but also the anguished court.

11
Sacramento & San Joaquin Drainage District v. Superior Courtgreen
cal · 1925 · cited in 1 California opinions naming this issue, 1962–1962
2 sentences

1962Dist. v. Superior Court, 196 Cal. 414, 429, 430 [ 238 P. 687 ]; Kaufmann v. California Mining etc. Syndicate, 16 Cal.2d 90, 91 [ 104 P.2d 1038 ]; Salter v. Ulrich, 22 Cal.2d 263, 266 [ 138 P.2d 7 , 146 A.L.R. 1344 ].) The order granting the new trial is affirmed.

1962Dist. v. Superior Court, 196 Cal. 414, 429, 430 [ 238 P. 687 ]; Kaufmann v. California Mining etc. Syndicate, 16 Cal.2d 90, 91 [ 104 P.2d 1038 ]; Salter v. Ulrich, 22 Cal.2d 263, 266 [ 138 P.2d 7 , 146 A.L.R. 1344 ].) The order granting the new trial is affirmed.

11
Kaufmann v. California Mining & Dredging Syndicategreen
cal · 1940 · cited in 1 California opinions naming this issue, 1962–1962
2 sentences

1962Dist. v. Superior Court, 196 Cal. 414, 429, 430 [ 238 P. 687 ]; Kaufmann v. California Mining etc. Syndicate, 16 Cal.2d 90, 91 [ 104 P.2d 1038 ]; Salter v. Ulrich, 22 Cal.2d 263, 266 [ 138 P.2d 7 , 146 A.L.R. 1344 ].) The order granting the new trial is affirmed.

1962Dist. v. Superior Court, 196 Cal. 414, 429, 430 [ 238 P. 687 ]; Kaufmann v. California Mining etc. Syndicate, 16 Cal.2d 90, 91 [ 104 P.2d 1038 ]; Salter v. Ulrich, 22 Cal.2d 263, 266 [ 138 P.2d 7 , 146 A.L.R. 1344 ].) The order granting the new trial is affirmed.

11
Salter v. Ulrichgreen
cal · 1943 · cited in 1 California opinions naming this issue, 1962–1962
2 sentences

1962Dist. v. Superior Court, 196 Cal. 414, 429, 430 [ 238 P. 687 ]; Kaufmann v. California Mining etc. Syndicate, 16 Cal.2d 90, 91 [ 104 P.2d 1038 ]; Salter v. Ulrich, 22 Cal.2d 263, 266 [ 138 P.2d 7 , 146 A.L.R. 1344 ].) The order granting the new trial is affirmed.

1962Dist. v. Superior Court, 196 Cal. 414, 429, 430 [ 238 P. 687 ]; Kaufmann v. California Mining etc. Syndicate, 16 Cal.2d 90, 91 [ 104 P.2d 1038 ]; Salter v. Ulrich, 22 Cal.2d 263, 266 [ 138 P.2d 7 , 146 A.L.R. 1344 ].) The order granting the new trial is affirmed.

11
Feldman v. United Statesred
scotus · 1944 · cited in 1 California opinions naming this issue, 1951–1951
2 sentences

1951We have in mind also that the constitutional protection against unreasonable searches and seizures, contained in section 19 of article I of the state Constitution, the philosophy of which is quite like that against self-incrimination (see Feldman v. United States (1943), 322 U.S. 487, 489, 490 [ 64 S.Ct. 1082 , 88 L.Ed. 1408, 1412, 1413 , 154 A.L.R 982]) does not serve to keep any article found in an unlawful search from being used in evidence in the state courts.

1951We have in mind also that the constitutional protection against unreasonable searches and seizures, contained in section 19 of article I of the state Constitution, the philosophy of which is quite like that against self-incrimination (see Feldman v. United States (1943), 322 U.S. 487, 489, 490 [ 64 S.Ct. 1082 , 88 L.Ed. 1408, 1412, 1413 , 154 A.L.R 982]) does not serve to keep any article found in an unlawful search from being used in evidence in the state courts.

11
People v. Shannongreen
cal · 1928 · cited in 1 California opinions naming this issue, 1951–1951
2 sentences

1951Note the uncertain rule of the decisions with respect to the necessity of the voluntary character of admissions, not amounting to confessions, in order that they may be received in evidence: 8 Cal.Jur. 99-100; People v. Shannon. (1928), 203 Cal. 139, 143 [ 263 P. 522 ]; People v. Nagle (1944), 25 Cal.2d 216, 222-223 [ 153 P.2d 344 ]; People v. Eggers (1946), 30 Cal.2d 676, 689 [ 185 P.2d 1 ]; People v. Trawick (1947), 78 Cal.App.2d 604, 608 [ 178 P.2d 45 ]; People v. Ramsey (1948), 83 Cal.App.2d 707, 721 [ 189 P.2d 802 ].

1951Note the uncertain rule of the decisions with respect to the necessity of the voluntary character of admissions, not amounting to confessions, in order that they may be received in evidence: 8 Cal.Jur. 99-100; People v. Shannon. (1928), 203 Cal. 139, 143 [ 263 P. 522 ]; People v. Nagle (1944), 25 Cal.2d 216, 222-223 [ 153 P.2d 344 ]; People v. Eggers (1946), 30 Cal.2d 676, 689 [ 185 P.2d 1 ]; People v. Trawick (1947), 78 Cal.App.2d 604, 608 [ 178 P.2d 45 ]; People v. Ramsey (1948), 83 Cal.App.2d 707, 721 [ 189 P.2d 802 ].

11
People v. Naglegreen
cal · 1944 · cited in 1 California opinions naming this issue, 1951–1951
2 sentences

1951Note the uncertain rule of the decisions with respect to the necessity of the voluntary character of admissions, not amounting to confessions, in order that they may be received in evidence: 8 Cal.Jur. 99-100; People v. Shannon. (1928), 203 Cal. 139, 143 [ 263 P. 522 ]; People v. Nagle (1944), 25 Cal.2d 216, 222-223 [ 153 P.2d 344 ]; People v. Eggers (1946), 30 Cal.2d 676, 689 [ 185 P.2d 1 ]; People v. Trawick (1947), 78 Cal.App.2d 604, 608 [ 178 P.2d 45 ]; People v. Ramsey (1948), 83 Cal.App.2d 707, 721 [ 189 P.2d 802 ].

1951Note the uncertain rule of the decisions with respect to the necessity of the voluntary character of admissions, not amounting to confessions, in order that they may be received in evidence: 8 Cal.Jur. 99-100; People v. Shannon. (1928), 203 Cal. 139, 143 [ 263 P. 522 ]; People v. Nagle (1944), 25 Cal.2d 216, 222-223 [ 153 P.2d 344 ]; People v. Eggers (1946), 30 Cal.2d 676, 689 [ 185 P.2d 1 ]; People v. Trawick (1947), 78 Cal.App.2d 604, 608 [ 178 P.2d 45 ]; People v. Ramsey (1948), 83 Cal.App.2d 707, 721 [ 189 P.2d 802 ].

11
People v. Ramseyred
calctapp · 1948 · cited in 1 California opinions naming this issue, 1951–1951
2 sentences

1951Note the uncertain rule of the decisions with respect to the necessity of the voluntary character of admissions, not amounting to confessions, in order that they may be received in evidence: 8 Cal.Jur. 99-100; People v. Shannon. (1928), 203 Cal. 139, 143 [ 263 P. 522 ]; People v. Nagle (1944), 25 Cal.2d 216, 222-223 [ 153 P.2d 344 ]; People v. Eggers (1946), 30 Cal.2d 676, 689 [ 185 P.2d 1 ]; People v. Trawick (1947), 78 Cal.App.2d 604, 608 [ 178 P.2d 45 ]; People v. Ramsey (1948), 83 Cal.App.2d 707, 721 [ 189 P.2d 802 ].

1951Note the uncertain rule of the decisions with respect to the necessity of the voluntary character of admissions, not amounting to confessions, in order that they may be received in evidence: 8 Cal.Jur. 99-100; People v. Shannon. (1928), 203 Cal. 139, 143 [ 263 P. 522 ]; People v. Nagle (1944), 25 Cal.2d 216, 222-223 [ 153 P.2d 344 ]; People v. Eggers (1946), 30 Cal.2d 676, 689 [ 185 P.2d 1 ]; People v. Trawick (1947), 78 Cal.App.2d 604, 608 [ 178 P.2d 45 ]; People v. Ramsey (1948), 83 Cal.App.2d 707, 721 [ 189 P.2d 802 ].

11
People v. Trawickgreen
calctapp · 1947 · cited in 1 California opinions naming this issue, 1951–1951
2 sentences

1951Note the uncertain rule of the decisions with respect to the necessity of the voluntary character of admissions, not amounting to confessions, in order that they may be received in evidence: 8 Cal.Jur. 99-100; People v. Shannon. (1928), 203 Cal. 139, 143 [ 263 P. 522 ]; People v. Nagle (1944), 25 Cal.2d 216, 222-223 [ 153 P.2d 344 ]; People v. Eggers (1946), 30 Cal.2d 676, 689 [ 185 P.2d 1 ]; People v. Trawick (1947), 78 Cal.App.2d 604, 608 [ 178 P.2d 45 ]; People v. Ramsey (1948), 83 Cal.App.2d 707, 721 [ 189 P.2d 802 ].

1951Note the uncertain rule of the decisions with respect to the necessity of the voluntary character of admissions, not amounting to confessions, in order that they may be received in evidence: 8 Cal.Jur. 99-100; People v. Shannon. (1928), 203 Cal. 139, 143 [ 263 P. 522 ]; People v. Nagle (1944), 25 Cal.2d 216, 222-223 [ 153 P.2d 344 ]; People v. Eggers (1946), 30 Cal.2d 676, 689 [ 185 P.2d 1 ]; People v. Trawick (1947), 78 Cal.App.2d 604, 608 [ 178 P.2d 45 ]; People v. Ramsey (1948), 83 Cal.App.2d 707, 721 [ 189 P.2d 802 ].

11
People v. Eggersgreen
cal · 1947 · cited in 1 California opinions naming this issue, 1951–1951
2 sentences

1951Note the uncertain rule of the decisions with respect to the necessity of the voluntary character of admissions, not amounting to confessions, in order that they may be received in evidence: 8 Cal.Jur. 99-100; People v. Shannon. (1928), 203 Cal. 139, 143 [ 263 P. 522 ]; People v. Nagle (1944), 25 Cal.2d 216, 222-223 [ 153 P.2d 344 ]; People v. Eggers (1946), 30 Cal.2d 676, 689 [ 185 P.2d 1 ]; People v. Trawick (1947), 78 Cal.App.2d 604, 608 [ 178 P.2d 45 ]; People v. Ramsey (1948), 83 Cal.App.2d 707, 721 [ 189 P.2d 802 ].

1951Note the uncertain rule of the decisions with respect to the necessity of the voluntary character of admissions, not amounting to confessions, in order that they may be received in evidence: 8 Cal.Jur. 99-100; People v. Shannon. (1928), 203 Cal. 139, 143 [ 263 P. 522 ]; People v. Nagle (1944), 25 Cal.2d 216, 222-223 [ 153 P.2d 344 ]; People v. Eggers (1946), 30 Cal.2d 676, 689 [ 185 P.2d 1 ]; People v. Trawick (1947), 78 Cal.App.2d 604, 608 [ 178 P.2d 45 ]; People v. Ramsey (1948), 83 Cal.App.2d 707, 721 [ 189 P.2d 802 ].

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 (3)

CaseCitedYears
Johnson v. United States green
scotus · 2015
2 sentences

2019As the Court put it, “[b]y combining indeterminacy about how to measure the risk posed by a crime with indeterminacy about how much risk it takes for the crime to qualify as a violent felony, the residual clause produces more unpredictability and arbitrariness than the Due Process Clause tolerates.” (Johnson, supra, 135 S.Ct. at p. 2558 .)1 II.

2019As the Court put it, "[b]y combining indeterminacy about how to measure the risk posed by a crime with indeterminacy about how much risk it takes for the crime to qualify as a violent felony, the residual clause produces more unpredictability and arbitrariness *693 than the Due Process Clause tolerates." ( Johnson , supra , 135 S.Ct. at p. 2558 .) 1 *963 II.

22019–2019
Brainard v. Rogers green
calctapp · 1925
2 sentences

1960The case of Brainard v. Rogers, 74 Cal.App. 247 [ 239 P. 1095 ], is particularly pertinent here.

1960The case of Brainard v. Rogers, 74 Cal.App. 247 [ 239 P. 1095 ], is particularly pertinent here.

21940–1960
Bareno v. Employers Life Insurance green
cal · 1972
1 sentence

1976Co., supra, 7 Cal.3d 875, 878 .) The policy before us demonstrates simultaneously both the evil and at least a partial cure, for the relative clarity with which it excludes passengers from coverage casts into sharp contrast the obscure and tortuous reading by which the insurer claims to have excluded the permissive user in the instant case.

11976–1976

Where else courts name it

PA 13 (1786–2021) CA 8 (1940–2019) GA 6 (1980–2022) WA 5 (2016–2026) NY 4 (1959–2016) FL 4 (1991–2018) MA 3 (2006–2013) TX 3 (2006–2025) IL 3 (1980–2009) WI 3 (1936–2016) AZ 2 (2019–2022) WV 2 (1924–1995) CO 2 (1985–2001) KY 2 (2010–2010) IA 2 (2006–2006) DE 2 (1990–2009) OH 2 (1986–2022)

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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