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7 California opinions name it 2 courts 1980–2024 1 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 |
|---|---|---|
People v. Runyangreen2 sentences2019The court commenced its analysis by looking to the definition of "victim" set forth in Penal Code section 1202.4, subdivision (k). ( Runyan, at p. 856, 143 Cal.Rptr.3d 674 , 279 P.3d 1143 .) "Victim" *357 was then defined, as it is now, "to include, among others, the actual victim's immediate surviving family ( [ Pen. 2019The court commenced its analysis by looking to the definition of "victim" set forth in Penal Code section 1202.4, subdivision (k). ( Runyan, at p. 856, 143 Cal.Rptr.3d 674 , 279 P.3d 1143 .) "Victim" *357 was then defined, as it is now, "to include, among others, the actual victim's immediate surviving family ( [ Pen. | 1 | 1 |
Seaman's Direct Buying Service, Inc. v. Standard Oil Co.red2 sentences1997In that case, the court upheld a trial court order sustaining a demurrer to a complaint brought (as here) by a married couple against their insurer for alleged “breach of fiduciary duty” in not advising them of “the availability and potential need for ‘underinsured motorist’ coverage, as well as the inadequacy of [their] . . . medical payments benefit.” (Id. at p. 443.) The court commenced its analysis by assuming, in view of certain language in the then viable precedent 1 of Seaman’s Direct Buying Service, Inc. v. Standard Oil Co. (1984) 36 Cal.3d 752, 768 [ 206 Cal.Rptr. 354 , 686 P.2d 1158 1997In that case, the court upheld a trial court order sustaining a demurrer to a complaint brought (as here) by a married couple against their insurer for alleged “breach of fiduciary duty” in not advising them of “the availability and potential need for ‘underinsured motorist’ coverage, as well as the inadequacy of [their] . . . medical payments benefit.” (Id. at p. 443.) The court commenced its analysis by assuming, in view of certain language in the then viable precedent 1 of Seaman’s Direct Buying Service, Inc. v. Standard Oil Co. (1984) 36 Cal.3d 752, 768 [ 206 Cal.Rptr. 354 , 686 P.2d 1158 | 1 | 1 |
MacLeod v. Tribune Publishing Co.green2 sentences1985So that in such cases the language is uniformly to be regarded with what has been its effect, actual or presumed, and its sense is to be arrived at with the help of the cause and occasion of its publication. ” (Italics added; accord, Kapellas v. Kofman (1969) 1 Cal.3d 20, 33 [ 81 Cal.Rptr. 360 , 459 P.2d 912 ]; MacLeod v. Tribune Publishing Co. (1959) 52 Cal.2d 536, 546-547 [ 343 P.2d 36 ]; Stevens v. Storke (1923) 191 Cal. 329, 334 [ 216 P. 371 ]; Correia v. Santos, supra, 191 Cal.App.2d 844, 851-852 ; Blake v. Hearst Publications Inc. (1946) 75 Cal.App.2d 6, 11-12 [ 170 P.2d 100 ]; Informati 1985So that in such cases the language is uniformly to be regarded with what has been its effect, actual or presumed, and its sense is to be arrived at with the help of the cause and occasion of its publication. ” (Italics added; accord, Kapellas v. Kofman (1969) 1 Cal.3d 20, 33 [ 81 Cal.Rptr. 360 , 459 P.2d 912 ]; MacLeod v. Tribune Publishing Co. (1959) 52 Cal.2d 536, 546-547 [ 343 P.2d 36 ]; Stevens v. Storke (1923) 191 Cal. 329, 334 [ 216 P. 371 ]; Correia v. Santos, supra, 191 Cal.App.2d 844, 851-852 ; Blake v. Hearst Publications Inc. (1946) 75 Cal.App.2d 6, 11-12 [ 170 P.2d 100 ]; Informati | 1 | 1 |
Blake v. Hearst Publications Incorporatedgreen2 sentences1985So that in such cases the language is uniformly to be regarded with what has been its effect, actual or presumed, and its sense is to be arrived at with the help of the cause and occasion of its publication. ” (Italics added; accord, Kapellas v. Kofman (1969) 1 Cal.3d 20, 33 [ 81 Cal.Rptr. 360 , 459 P.2d 912 ]; MacLeod v. Tribune Publishing Co. (1959) 52 Cal.2d 536, 546-547 [ 343 P.2d 36 ]; Stevens v. Storke (1923) 191 Cal. 329, 334 [ 216 P. 371 ]; Correia v. Santos, supra, 191 Cal.App.2d 844, 851-852 ; Blake v. Hearst Publications Inc. (1946) 75 Cal.App.2d 6, 11-12 [ 170 P.2d 100 ]; Informati 1985So that in such cases the language is uniformly to be regarded with what has been its effect, actual or presumed, and its sense is to be arrived at with the help of the cause and occasion of its publication. ” (Italics added; accord, Kapellas v. Kofman (1969) 1 Cal.3d 20, 33 [ 81 Cal.Rptr. 360 , 459 P.2d 912 ]; MacLeod v. Tribune Publishing Co. (1959) 52 Cal.2d 536, 546-547 [ 343 P.2d 36 ]; Stevens v. Storke (1923) 191 Cal. 329, 334 [ 216 P. 371 ]; Correia v. Santos, supra, 191 Cal.App.2d 844, 851-852 ; Blake v. Hearst Publications Inc. (1946) 75 Cal.App.2d 6, 11-12 [ 170 P.2d 100 ]; Informati | 1 | 1 |
Stevens v. Storkegreen2 sentences1985So that in such cases the language is uniformly to be regarded with what has been its effect, actual or presumed, and its sense is to be arrived at with the help of the cause and occasion of its publication. ” (Italics added; accord, Kapellas v. Kofman (1969) 1 Cal.3d 20, 33 [ 81 Cal.Rptr. 360 , 459 P.2d 912 ]; MacLeod v. Tribune Publishing Co. (1959) 52 Cal.2d 536, 546-547 [ 343 P.2d 36 ]; Stevens v. Storke (1923) 191 Cal. 329, 334 [ 216 P. 371 ]; Correia v. Santos, supra, 191 Cal.App.2d 844, 851-852 ; Blake v. Hearst Publications Inc. (1946) 75 Cal.App.2d 6, 11-12 [ 170 P.2d 100 ]; Informati 1985So that in such cases the language is uniformly to be regarded with what has been its effect, actual or presumed, and its sense is to be arrived at with the help of the cause and occasion of its publication. ” (Italics added; accord, Kapellas v. Kofman (1969) 1 Cal.3d 20, 33 [ 81 Cal.Rptr. 360 , 459 P.2d 912 ]; MacLeod v. Tribune Publishing Co. (1959) 52 Cal.2d 536, 546-547 [ 343 P.2d 36 ]; Stevens v. Storke (1923) 191 Cal. 329, 334 [ 216 P. 371 ]; Correia v. Santos, supra, 191 Cal.App.2d 844, 851-852 ; Blake v. Hearst Publications Inc. (1946) 75 Cal.App.2d 6, 11-12 [ 170 P.2d 100 ]; Informati | 1 | 1 |
Kapellas v. Kofmangreen2 sentences1985So that in such cases the language is uniformly to be regarded with what has been its effect, actual or presumed, and its sense is to be arrived at with the help of the cause and occasion of its publication. ” (Italics added; accord, Kapellas v. Kofman (1969) 1 Cal.3d 20, 33 [ 81 Cal.Rptr. 360 , 459 P.2d 912 ]; MacLeod v. Tribune Publishing Co. (1959) 52 Cal.2d 536, 546-547 [ 343 P.2d 36 ]; Stevens v. Storke (1923) 191 Cal. 329, 334 [ 216 P. 371 ]; Correia v. Santos, supra, 191 Cal.App.2d 844, 851-852 ; Blake v. Hearst Publications Inc. (1946) 75 Cal.App.2d 6, 11-12 [ 170 P.2d 100 ]; Informati 1985So that in such cases the language is uniformly to be regarded with what has been its effect, actual or presumed, and its sense is to be arrived at with the help of the cause and occasion of its publication. ” (Italics added; accord, Kapellas v. Kofman (1969) 1 Cal.3d 20, 33 [ 81 Cal.Rptr. 360 , 459 P.2d 912 ]; MacLeod v. Tribune Publishing Co. (1959) 52 Cal.2d 536, 546-547 [ 343 P.2d 36 ]; Stevens v. Storke (1923) 191 Cal. 329, 334 [ 216 P. 371 ]; Correia v. Santos, supra, 191 Cal.App.2d 844, 851-852 ; Blake v. Hearst Publications Inc. (1946) 75 Cal.App.2d 6, 11-12 [ 170 P.2d 100 ]; Informati | 1 | 1 |
Bettner v. Holtgreen2 sentences1985It was alleged in that case that the host of a television dance show (not a comedy show) had referred to the plaintiff as an “iron-clad member of the Mafia,” and had thereby “identified him as a member of ‘a *555 hereditary Sicilian organization, conspiratorial in nature, violent in deed, and criminal in every aspect.’ ” (Id., at p. 960.) Pointing out that “acceptance of plaintiff’s definition of the nature of the [Mafia] does not resolve the question [of defamation]” (ibid.), the court commenced its analysis with the following principle, first expressed by our Supreme Court in Bettner v. Holt 1985It was alleged in that case that the host of a television dance show (not a comedy show) had referred to the plaintiff as an “iron-clad member of the Mafia,” and had thereby “identified him as a member of ‘a *555 hereditary Sicilian organization, conspiratorial in nature, violent in deed, and criminal in every aspect.’ ” (Id., at p. 960.) Pointing out that “acceptance of plaintiff’s definition of the nature of the [Mafia] does not resolve the question [of defamation]” (ibid.), the court commenced its analysis with the following principle, first expressed by our Supreme Court in Bettner v. Holt | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in California. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
People v. Carter
green
1 sentence2024It is true that “when a judge’s remarks preceding a ruling reflect a misapprehension of the law upon which that ruling is based, the appellate court must consider the judge’s remarks in its review.” (People v. Carter (2014) 227 Cal.App.4th 322, 324 .) Here, the trial court commenced the hearing by stating that it would be exercising discretion “only on the [section] 667[, subdivision ](a)(1)s, which is five years each of the terms whether or not the [c]ourt can choose to stay those. | 1 | 2024–2024 |
People v. Love
green
1 sentence2013The court recited what it thought had occurred and stated, “I did find good cause that there had been a grace period or an implied waiver of his prelim to the next court date of May 3rd, 2012, which is today, which is only three days beyond the previously given 60-day time wavier.” The court then sated that it was relying on Griffin and People v. Love (2005) 132 Cal.App.4th 276 , which the trial court described as holding that once a defendant had waived its speedy preliminary hearing right, the defendant only retained the protection of the constitutional speedy trial rights. | 1 | 2013–2013 |
Gibson v. Government Employees Insurance
green
1 sentence1997But then it went on to discuss “how far the umbrella of fiduciary protection is to extend.” (Gibson, supra, 162 Cal.App.3d at p. 446 .) It concluded that it extended to dealings between an insured and insurer “under the contract” of insurance (id. at p. 447) but not outside of it. | 1 | 1997–1997 |
Beveridge v. Lewis
red
1 sentence1997The court noted that a compensation law, to be valid, must at the least fully compensate the owner, it must apply uniformly, and it must compensate in ’money, rather than “conjectured advantage.” (Beveridge, supra, 137 Cal. at p. 623 .) Against this background, in particular the prohibition against compensation in the form of “conjectured advantage,” the Beveridge court turned its attention to the distinction between general and special benefits. | 1 | 1997–1997 |
Information Control Corporation v. Genesis One Computer Corporation, Etc.
green
1 sentence1985So that in such cases the language is uniformly to be regarded with what has been its effect, actual or presumed, and its sense is to be arrived at with the help of the cause and occasion of its publication. ” (Italics added; accord, Kapellas v. Kofman (1969) 1 Cal.3d 20, 33 [ 81 Cal.Rptr. 360 , 459 P.2d 912 ]; MacLeod v. Tribune Publishing Co. (1959) 52 Cal.2d 536, 546-547 [ 343 P.2d 36 ]; Stevens v. Storke (1923) 191 Cal. 329, 334 [ 216 P. 371 ]; Correia v. Santos, supra, 191 Cal.App.2d 844, 851-852 ; Blake v. Hearst Publications Inc. (1946) 75 Cal.App.2d 6, 11-12 [ 170 P.2d 100 ]; Informati | 1 | 1985–1985 |
Correia v. Santos
green
2 sentences1985So that in such cases the language is uniformly to be regarded with what has been its effect, actual or presumed, and its sense is to be arrived at with the help of the cause and occasion of its publication. ” (Italics added; accord, Kapellas v. Kofman (1969) 1 Cal.3d 20, 33 [ 81 Cal.Rptr. 360 , 459 P.2d 912 ]; MacLeod v. Tribune Publishing Co. (1959) 52 Cal.2d 536, 546-547 [ 343 P.2d 36 ]; Stevens v. Storke (1923) 191 Cal. 329, 334 [ 216 P. 371 ]; Correia v. Santos, supra, 191 Cal.App.2d 844, 851-852 ; Blake v. Hearst Publications Inc. (1946) 75 Cal.App.2d 6, 11-12 [ 170 P.2d 100 ]; Informati 1985So that in such cases the language is uniformly to be regarded with what has been its effect, actual or presumed, and its sense is to be arrived at with the help of the cause and occasion of its publication. ” (Italics added; accord, Kapellas v. Kofman (1969) 1 Cal.3d 20, 33 [ 81 Cal.Rptr. 360 , 459 P.2d 912 ]; MacLeod v. Tribune Publishing Co. (1959) 52 Cal.2d 536, 546-547 [ 343 P.2d 36 ]; Stevens v. Storke (1923) 191 Cal. 329, 334 [ 216 P. 371 ]; Correia v. Santos, supra, 191 Cal.App.2d 844, 851-852 ; Blake v. Hearst Publications Inc. (1946) 75 Cal.App.2d 6, 11-12 [ 170 P.2d 100 ]; Informati | 1 | 1985–1985 |
Arno v. Stewart
green
1 sentence1985So that in such cases the language is uniformly to be regarded with what has been its effect, actual or presumed, and its sense is to be arrived at with the help of the cause and occasion of its publication. ” (Italics added; accord, Kapellas v. Kofman (1969) 1 Cal.3d 20, 33 [ 81 Cal.Rptr. 360 , 459 P.2d 912 ]; MacLeod v. Tribune Publishing Co. (1959) 52 Cal.2d 536, 546-547 [ 343 P.2d 36 ]; Stevens v. Storke (1923) 191 Cal. 329, 334 [ 216 P. 371 ]; Correia v. Santos, supra, 191 Cal.App.2d 844, 851-852 ; Blake v. Hearst Publications Inc. (1946) 75 Cal.App.2d 6, 11-12 [ 170 P.2d 100 ]; Informati | 1 | 1985–1985 |
People v. Wetzel
green
1 sentence1980The citizen informant had provided them with fresh information which had already been proved to be reliable.” ( 11 Cal.3d at p. 108 .) In the present case it is not disputed that the officers were in fresh pursuit and that they had reasonable cause to believe that the burglars were inside the house numbered 1156 1/2 and the upstairs apartment of number 1156. | 1 | 1980–1980 |
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.