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7 California opinions name it 3 courts 1995–2024 3 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 |
|---|---|---|
Mangini v. R. J. Reynolds Tobacco Co.green2 sentences1995Reynolds Tobacco Co. (1994) 7 Cal.4th 1057, 1063-1065 [ 31 Cal. Rptr.2d 358 , 875 P.2d 73 ].) [1] The majority's emphasis on the bids as limiting damages may result from a misapprehension as to the nature of Alliance's claim for damages. 1995Reynolds Tobacco Co. (1994) 7 Cal.4th 1057, 1063-1065 [ 31 Cal. Rptr.2d 358 , 875 P.2d 73 ].) [1] The majority's emphasis on the bids as limiting damages may result from a misapprehension as to the nature of Alliance's claim for damages. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in California. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
ALLIANCE TITLE COMPANY, INC. v. Boucher
green
2 sentences2024(Id. at p. 266.) The Court of Appeal reversed, explaining that “ ‘equitable estoppel applies when the signatory to a written agreement containing an arbitration clause “must rely on the terms of the written agreement in asserting [its] claims” against the nonsignatory.’ ” (Boucher, supra, 127 Cal.App.4th at p. 269 .) The court held that the plaintiff’s claims against Alliance “rely on, make reference to, and presume the existence of” the employment agreement with Financial. 2022(Boucher, supra, 127 Cal.App.4th at p. 266 .) On appeal, Alliance asserted the doctrine of equitable estoppel applied. | 2 | 2022–2024 |
People v. Lara
green
2 sentences2018While the Alliance defendants did not raise it in the trial court, lack of subject matter jurisdiction may be raised for the first time on appeal. ( People v. Lara (2010) 48 Cal.4th 216 , 225, 106 Cal.Rptr.3d 208 , 226 P.3d 322 .) A diesel particulate filter is a highest level verified diesel emission control strategy (also known as "Highest level VDECS") to reduce diesel particulate emissions required by the Regulation for retrofitting pre-2007 engines. 2018While the Alliance defendants did not raise it in the trial court, lack of subject matter jurisdiction may be raised for the first time on appeal. ( People v. Lara (2010) 48 Cal.4th 216 , 225, 106 Cal.Rptr.3d 208 , 226 P.3d 322 .) A diesel particulate filter is a highest level verified diesel emission control strategy (also known as "Highest level VDECS") to reduce diesel particulate emissions required by the Regulation for retrofitting pre-2007 engines. | 2 | 2018–2018 |
Charton v. Harkey
green
2 sentences2022The court further stated that “even if Sun West personnel were engaged in tasks similar to those of an underwriter, they were not given information about the borrower’s insufficient cash reserves until the time of closing.” Consequently, the lower court ruled that “the contract provision that First Alliance seeks to invoke to avoid repurchasing the loan, i.e. that when Sun West makes a mistake, First Alliance is relieved of its repurchase obligation, is not applicable.” Under the deferential abuse of discretion standard of review applicable to First Alliance’s claim of error (Roth, supra, 15 C 2022The court further stated that “even if Sun West personnel were engaged in tasks similar to those of an underwriter, they were not given information about the borrower’s insufficient cash reserves until the time of closing.” Consequently, the lower court ruled that “the contract provision that First Alliance seeks to invoke to avoid repurchasing the loan, i.e. that when Sun West makes a mistake, First Alliance is relieved of its repurchase obligation, is not applicable.” Under the deferential abuse of discretion standard of review applicable to First Alliance’s claim of error (Roth, supra, 15 C | 1 | 2022–2022 |
Roth v. Plikaytis
green
1 sentence2022The court further stated that “even if Sun West personnel were engaged in tasks similar to those of an underwriter, they were not given information about the borrower’s insufficient cash reserves until the time of closing.” Consequently, the lower court ruled that “the contract provision that First Alliance seeks to invoke to avoid repurchasing the loan, i.e. that when Sun West makes a mistake, First Alliance is relieved of its repurchase obligation, is not applicable.” Under the deferential abuse of discretion standard of review applicable to First Alliance’s claim of error (Roth, supra, 15 C | 1 | 2022–2022 |
Muller v. Fresno Community Hospital & Medical Center
green
1 sentence2015(Muller v. Fresno Community Hosp. & Medical Center (2009) 172 Cal.App.4th 887 , 906–907 [“It is the ruling, and not the reason for the ruling, that is reviewed on appeal.”].) Because we affirm the trial court’s section 473(d) ruling on this ground, any error in denying Alliance’s motions for reconsideration or for section 473, subdivision (b) relief is harmless. 9 DISPOSITION The trial court’s orders are affirmed. | 1 | 2015–2015 |
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.