attempt to avoid bar (California) · Go Syfert
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attempt to avoid bar in California

7 California opinions name it 1 courts 1964–2016 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 (6)

CaseFollowedCited
Holland v. MORSE DIESEL INTERNAT., INC.green
calctapp · 2001 · cited in 1 California opinions naming this issue, 2016–2016
1 sentence

2016(See Holland v. Morse Diesel Internat., Inc. (2001) 86 Cal.App.4th 1443, 1447 [“If facts appearing in the exhibits contradict those alleged, the facts in the exhibits take precedence”].) To the extent the negligent misrepresentation claim was based on the same four contractual promises of future performance, it is legally untenable for the additional 16 reason that promissory fraud may not be recast as negligent misrepresentation.

11
Ruiz v. Harbor View Community Ass'ngreen
calctapp · 2005 · cited in 1 California opinions naming this issue, 2007–2007
2 sentences

2007Indeed, one court has observed that clauses (1) and (2) of subdivision (e) of Code of Civil Procedure section 425.16—the SLAPP statute—defining protected activity to include statements or writings made before a judicial proceeding or made in connection with an issue under review by a judicial body—“are parallel to and coextensive with the definition of privileged communication under Civil Code section 47, subdivision (b).” 14 {Ruiz v. Harbor View Community Assn. (2005) 134 Cal.App.4th 1456, 1474 [ 37 Cal.Rptr.3d 133 ].) Politis makes two arguments in an attempt to avoid the bar of the litigati

2007Indeed, one court has observed that clauses (1) and (2) of subdivision (e) of Code of Civil Procedure section 425.16—the SLAPP statute—defining protected activity to include statements or writings made before a judicial proceeding or made in connection with an issue under review by a judicial body—“are parallel to and coextensive with the definition of privileged communication under Civil Code section 47, subdivision (b).” 14 {Ruiz v. Harbor View Community Assn. (2005) 134 Cal.App.4th 1456, 1474 [ 37 Cal.Rptr.3d 133 ].) Politis makes two arguments in an attempt to avoid the bar of the litigati

11
Freedland v. Grecogreen
cal · 1955 · cited in 1 California opinions naming this issue, 1967–1967
2 sentences

1967(Valinda Builders, Inc. v. Bissner, 230 Cal.App.2d 106, 112 [ 40 Cal.Rptr. 735 ]; Freedland v. Greco, 45 Cal.2d 462, 468 [ 289 P.2d 463 ].) Apparently in an attempt to avoid the bar to her action established by section 580b, appellant’s fourth amended complaint alleged that respondents had rendered her option “meaningless” by quitclaiming any interest they might have had therein to the original seller, Star Valley Ranch.

1967(Valinda Builders, Inc. v. Bissner, 230 Cal.App.2d 106, 112 [ 40 Cal.Rptr. 735 ]; Freedland v. Greco, 45 Cal.2d 462, 468 [ 289 P.2d 463 ].) Apparently in an attempt to avoid the bar to her action established by section 580b, appellant’s fourth amended complaint alleged that respondents had rendered her option “meaningless” by quitclaiming any interest they might have had therein to the original seller, Star Valley Ranch.

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Valinda Builders, Inc. v. Bissnergreen
calctapp · 1964 · cited in 1 California opinions naming this issue, 1967–1967
2 sentences

1967(Valinda Builders, Inc. v. Bissner, 230 Cal.App.2d 106, 112 [ 40 Cal.Rptr. 735 ]; Freedland v. Greco, 45 Cal.2d 462, 468 [ 289 P.2d 463 ].) Apparently in an attempt to avoid the bar to her action established by section 580b, appellant’s fourth amended complaint alleged that respondents had rendered her option “meaningless” by quitclaiming any interest they might have had therein to the original seller, Star Valley Ranch.

1967(Valinda Builders, Inc. v. Bissner, 230 Cal.App.2d 106, 112 [ 40 Cal.Rptr. 735 ]; Freedland v. Greco, 45 Cal.2d 462, 468 [ 289 P.2d 463 ].) Apparently in an attempt to avoid the bar to her action established by section 580b, appellant’s fourth amended complaint alleged that respondents had rendered her option “meaningless” by quitclaiming any interest they might have had therein to the original seller, Star Valley Ranch.

11
Sharon v. Sharon, 11991 (Cal. 7-17-1889)green
· 1889 · cited in 1 California opinions naming this issue, 1964–1964
1 sentence

1964If a promise to cohabit excludes the gamut of promises described by plaintiff, then, in Professor Pomeroy's phrase, cohabit is nothing but "a delicate euphemism for copulation." (See 1 Armstrong, Cal. Family Law, p. 7.) [8] The accepted California concept of cohabitation is the mutual assumption of those marital rights, duties and obligations which are usually manifested by married people, including but not necessarily dependent upon sexual relations. ( People v. McIntyre, 213 Cal. 50, 54-55 [ 1 P.2d 443 ]; Sharon v. Sharon, 79 Cal. 633, 670 [ 22 P. 26, 131 ].) Considered as an exercise of adv

11
People v. McIntyregreen
cal · 1931 · cited in 1 California opinions naming this issue, 1964–1964
2 sentences

1964If a promise to cohabit excludes the gamut of promises described by plaintiff, then, in Professor Pomeroy's phrase, cohabit is nothing but "a delicate euphemism for copulation." (See 1 Armstrong, Cal. Family Law, p. 7.) [8] The accepted California concept of cohabitation is the mutual assumption of those marital rights, duties and obligations which are usually manifested by married people, including but not necessarily dependent upon sexual relations. ( People v. McIntyre, 213 Cal. 50, 54-55 [ 1 P.2d 443 ]; Sharon v. Sharon, 79 Cal. 633, 670 [ 22 P. 26, 131 ].) Considered as an exercise of adv

1964If a promise to cohabit excludes the gamut of promises described by plaintiff, then, in Professor Pomeroy's phrase, cohabit is nothing but "a delicate euphemism for copulation." (See 1 Armstrong, Cal. Family Law, p. 7.) [8] The accepted California concept of cohabitation is the mutual assumption of those marital rights, duties and obligations which are usually manifested by married people, including but not necessarily dependent upon sexual relations. ( People v. McIntyre, 213 Cal. 50, 54-55 [ 1 P.2d 443 ]; Sharon v. Sharon, 79 Cal. 633, 670 [ 22 P. 26, 131 ].) Considered as an exercise of adv

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 (4)

CaseCitedYears
Joaquin v. City of Los Angeles green
calctapp · 2012
1 sentence

2013Leaving aside the issue of invited error on the part of the District, the District relies on dictum in a recently decided case, Joaquin v. City of Los Angeles (2012) 202 Cal.App.4th 1207 (Joaquin), to the effect that CACI No. 2505 fails to require retaliatory intent.

12013–2013
People v. Zamora green
cal · 1976
2 sentences

1988On April 24, 1986, defendants requested that the preliminary hearing be continued and that a hearing on the issue of the statute of limitations be held pursuant to People v. Zamora (1976) 18 Cal.3d 538 [ 134 Cal.Rptr. 784 , 557 P.2d 75 ].

1988On April 24, 1986, defendants requested that the preliminary hearing be continued and that a hearing on the issue of the statute of limitations be held pursuant to People v. Zamora (1976) 18 Cal.3d 538 [ 134 Cal.Rptr. 784 , 557 P.2d 75 ].

11988–1988
United States v. Clarke green
ca3 · 1934
1 sentence

1975The trial court apparently adopted this theory when it concluded “all of the payments which [respondent] seeks to be refunded in this case were made in the summer of 1970.” Again, respondent relies on McDougall v. County of Marin, supra, and United States v. Clarke, supra, for its interpretation of when payment occurred so as to commence the running of the three-year statute.

11975–1975
In re González green
prsupreme · 1915
1 sentence

1964If a promise to cohabit excludes the gamut of promises described by plaintiff, then, in Professor Pomeroy's phrase, cohabit is nothing but "a delicate euphemism for copulation." (See 1 Armstrong, Cal. Family Law, p. 7.) [8] The accepted California concept of cohabitation is the mutual assumption of those marital rights, duties and obligations which are usually manifested by married people, including but not necessarily dependent upon sexual relations. ( People v. McIntyre, 213 Cal. 50, 54-55 [ 1 P.2d 443 ]; Sharon v. Sharon, 79 Cal. 633, 670 [ 22 P. 26, 131 ].) Considered as an exercise of adv

11964–1964

Where else courts name it

CA 7 (1964–2016) IN 6 (1990–2017) NC 6 (1998–2021) PA 4 (1992–2016) IL 3 (1987–2015) IA 3 (2016–2018) WI 2 (2008–2010) TX 2 (2002–2014) MI 2 (1970–2022)

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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