complaint constitutes violation (California) · Go Syfert
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complaint constitutes violation in California

7 California opinions name it 3 courts 1933–2025 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.

Followed or applied (5)

CaseFollowedCited
People v. Tolbertgreen
calctapp · 1986 · cited in 3 California opinions naming this issue, 2016–2016
2 sentences

2016Even assuming a demurrer to a felony complaint generally must be made prior to the preliminary hearing, this does not change our analysis, as a defendant can demur to the information. (§§ 691, 1004; see also Tolbert, supra, 176 Cal.App.3d at p. 690 , 222 Cal.Rptr. 313 .) Defendants, however, claim failure to demur to the complaint constitutes waiver, relying on section 1012.

2016Even assuming a demurrer to a felony complaint generally must be made prior to the preliminary hearing, this does not change our analysis, as a defendant can demur to the information. (§§ 691, 1004; see also Tolbert, supra, 176 Cal.App.3d at p. 690 , 222 Cal.Rptr. 313 .) Defendants, however, claim failure to demur to the complaint constitutes waiver, relying on section 1012.

33
Carrasco v. Craftgreen
calctapp · 1985 · cited in 1 California opinions naming this issue, 2025–2025
1 sentence

2025Generally, when a complaint is amended, “judgment by default may be taken against the defendant if he fails to file a new or amended answer or plea within the time allowed therefor, notwithstanding the original answer or plea is still on file.” (Gray v. Hall (1928) 203 Cal. 306 , 310–311 (Gray).) As an exception to this rule, “entry of a default in a case where the original answer can stand as an answer to the amended complaint constitutes error.” (Carrasco v. Craft (1985) 164 Cal.App.3d 796, 809 (Carrasco).) Nicholson has failed to make any argument why this exception would apply here.

11
Carsten v. Psychology Examining Committeegreen
cal · 1980 · cited in 1 California opinions naming this issue, 2002–2002
2 sentences

2002(Cf. Carsten v. Psychology Examining Com. (1980) 27 Cal.3d 793, 799-802 , 166 Cal.Rptr. 844 , 614 P.2d 276 .) Even assuming that the type of conduct alleged in the complaint constitutes a violation of the free speech clause by defendants, we conclude that money damages simply are not an appropriate remedy.

2002(Cf. Carsten v. Psychology Examining Com. (1980) 27 Cal.3d 793, 799-802 , 166 Cal.Rptr. 844 , 614 P.2d 276 .) Even assuming that the type of conduct alleged in the complaint constitutes a violation of the free speech clause by defendants, we conclude that money damages simply are not an appropriate remedy.

11
Gregory v. City of Chicagogreen
scotus · 1969 · cited in 1 California opinions naming this issue, 1969–1969
2 sentences

1969(See Gregory v. Chicago (1969) 394 U.S. 111, 112 [ 22 L.Ed.2d 134, 136 , 89 S.Ct. 946 ]; Burton v. Municipal Court (1968) 68 Cal.2d 684, 696 [ 68 Cal.Rptr. 721 , 441 P.2d 281 ].) The text of the leaflet, augmented by what appears to be a picture of President Johnson, is as follows: “Get the Man Off Your Back [picture] Let’s get our stuff together and end the draft.

1969(See Gregory v. Chicago (1969) 394 U.S. 111, 112 [ 22 L.Ed.2d 134, 136 , 89 S.Ct. 946 ]; Burton v. Municipal Court (1968) 68 Cal.2d 684, 696 [ 68 Cal.Rptr. 721 , 441 P.2d 281 ].) The text of the leaflet, augmented by what appears to be a picture of President Johnson, is as follows: “Get the Man Off Your Back [picture] Let’s get our stuff together and end the draft.

11
Burton v. Municipal Courtgreen
cal · 1968 · cited in 1 California opinions naming this issue, 1969–1969
2 sentences

1969(See Gregory v. Chicago (1969) 394 U.S. 111, 112 [ 22 L.Ed.2d 134, 136 , 89 S.Ct. 946 ]; Burton v. Municipal Court (1968) 68 Cal.2d 684, 696 [ 68 Cal.Rptr. 721 , 441 P.2d 281 ].) The text of the leaflet, augmented by what appears to be a picture of President Johnson, is as follows: “Get the Man Off Your Back [picture] Let’s get our stuff together and end the draft.

1969(See Gregory v. Chicago (1969) 394 U.S. 111, 112 [ 22 L.Ed.2d 134, 136 , 89 S.Ct. 946 ]; Burton v. Municipal Court (1968) 68 Cal.2d 684, 696 [ 68 Cal.Rptr. 721 , 441 P.2d 281 ].) The text of the leaflet, augmented by what appears to be a picture of President Johnson, is as follows: “Get the Man Off Your Back [picture] Let’s get our stuff together and end the draft.

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 (5)

CaseCitedYears
Gray v. Hall green
cal · 1928
1 sentence

2025Generally, when a complaint is amended, “judgment by default may be taken against the defendant if he fails to file a new or amended answer or plea within the time allowed therefor, notwithstanding the original answer or plea is still on file.” (Gray v. Hall (1928) 203 Cal. 306 , 310–311 (Gray).) As an exception to this rule, “entry of a default in a case where the original answer can stand as an answer to the amended complaint constitutes error.” (Carrasco v. Craft (1985) 164 Cal.App.3d 796, 809 (Carrasco).) Nicholson has failed to make any argument why this exception would apply here.

12025–2025
Pain v. Municipal Court green
calctapp · 1968
2 sentences

1969(See Pain v. Municipal Court (1968) 268 Cal.App.2d 151 [ 73 Cal.Rptr. 862 ].) No opinion is expressed as to whether the conduct reflected by the crime report attached to the complaint constitutes a violation of any of the foregoing provisions, or, if so, whether any such provision may constitutionally be applied to such conduct.

1969(See Pain v. Municipal Court (1968) 268 Cal.App.2d 151 [ 73 Cal.Rptr. 862 ].) No opinion is expressed as to whether the conduct reflected by the crime report attached to the complaint constitutes a violation of any of the foregoing provisions, or, if so, whether any such provision may constitutionally be applied to such conduct.

11969–1969
Young v. Rosenbaum neutral
cal · 1870
1 sentence

1933In the recent case of Associated Oil Co. v. Mullin, 110 Cal. App. 385 [ 294 Pac. 421 ], the law in relation to the questions which we are considering is so fully and conclusively set forth that we quote therefrom the following as decisive in this case: “It is essential to jurisdiction that there be some proper application invoking the judicial power of the court in respect to the matters sought to be litigated (Young v. Rosenbaum, 39 Cal. 646 ; Tinn v. United States District Attorney, 148 Cal. 773 [ 113 Am.

11933–1933
Associated Oil Co. v. Mullin green
calctapp · 1930
2 sentences

1933In the recent case of Associated Oil Co. v. Mullin, 110 Cal. App. 385 [ 294 Pac. 421 ], the law in relation to the questions which we are considering is so fully and conclusively set forth that we quote therefrom the following as decisive in this case: “It is essential to jurisdiction that there be some proper application invoking the judicial power of the court in respect to the matters sought to be litigated (Young v. Rosenbaum, 39 Cal. 646 ; Tinn v. United States District Attorney, 148 Cal. 773 [ 113 Am.

1933In the recent case of Associated Oil Co. v. Mullin, 110 Cal. App. 385 [ 294 Pac. 421 ], the law in relation to the questions which we are considering is so fully and conclusively set forth that we quote therefrom the following as decisive in this case: “It is essential to jurisdiction that there be some proper application invoking the judicial power of the court in respect to the matters sought to be litigated (Young v. Rosenbaum, 39 Cal. 646 ; Tinn v. United States District Attorney, 148 Cal. 773 [ 113 Am.

11933–1933
Tinn v. U.S. District Attorney green
cal · 1906
1 sentence

1933In the recent case of Associated Oil Co. v. Mullin, 110 Cal. App. 385 [ 294 Pac. 421 ], the law in relation to the questions which we are considering is so fully and conclusively set forth that we quote therefrom the following as decisive in this case: “It is essential to jurisdiction that there be some proper application invoking the judicial power of the court in respect to the matters sought to be litigated (Young v. Rosenbaum, 39 Cal. 646 ; Tinn v. United States District Attorney, 148 Cal. 773 [ 113 Am.

11933–1933

Statutes the citing opinions construe

CA § Cal. Evidence Code § 1101 (3) CA § Cal. Insurance Code § 11760 (3) CA § Cal. Unemployment Insurance Code § 2118.5 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

CA 7 (1933–2025) OH 4 (2000–2020) IL 2 (1987–2023) IN 2 (1980–1993) DE 2 (2018–2024)

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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