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7 California opinions name it 2 courts 1936–2014 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.
| Case | Followed | Cited |
|---|---|---|
In Re Lisa R.green2 sentences2014Thus, the cases have consistently held that where the state does not have a legitimate interest in enforcing the conclusiveness of the presumption, an interested party may, notwithstanding the presumption, present evidence which establishes that a husband is not the biological father of his wife’s child. [Citations.] [¶] . . . ‘As Justice Scalia noted in Michael H. [v. Gerald D. (1989) 491 U.S. 110 ], irrebutable presumption cases ultimately call into question not the adequacy of the procedures but “the adequacy of the ‘fit’ between the classification and the policy that the classification ser 1996(In re Lisa R. (1975) 13 Cal.3d 636, 647-649 [ 119 Cal.Rptr. 475 , 532 P.2d 123 , 90 A.L.R.3d 1017 ]; County of Orange v. Leslie B. (1993) 14 Cal.App.4th 976, 980 [ 17 Cal.Rptr.2d 797 ].) *1447 In particular, the courts have found that where a husband leaves the marriage before the birth of the child and never assumes parental responsibility, the presumption cannot be used to exclude evidence that would establish the identity of the child’s biological father. | 2 | 2 |
Stanley v. Illinoisgreen2 sentences1975(See Stanley v. Illinois, supra, 405 U.S. 645, 652-653, 654-655 [ 31 L.Ed.2d 551,559-561 ].) Nor does the state’s interest in relieving a child of the stigma of illegitimacy (see Estate of Lund, supra, 26 Cal.2d 472 ) warrant the conclusiveness of the presumption. 1975(See Stanley v. Illinois, supra, 405 U.S. 645, 652-653, 654-655 [ 31 L.Ed.2d 551,559-561 ].) Nor does the state’s interest in relieving a child of the stigma of illegitimacy (see Estate of Lund, supra, 26 Cal.2d 472 ) warrant the conclusiveness of the presumption. | 2 | 2 |
In Re Kiana A.green1 sentence2014Thus, the cases have consistently held that where the state does not have a legitimate interest in enforcing the conclusiveness of the presumption, an interested party may, notwithstanding the presumption, present evidence which establishes that a husband is not the biological father of his wife’s child. [Citations.] [¶] . . . ‘As Justice Scalia noted in Michael H. [v. Gerald D. (1989) 491 U.S. 110 ], irrebutable presumption cases ultimately call into question not the adequacy of the procedures but “the adequacy of the ‘fit’ between the classification and the policy that the classification ser | 1 | 1 |
Stop Youth Addiction, Inc. v. Lucky Stores, Inc.green2 sentences1999(People v. Morante (1999) 20 Cal.4th 403, 429-430 [ 84 Cal.Rptr.2d 665 , 975 P.2d 1071 ]; Harris v. Capital Growth Investors XIV (1991) 52 Cal.3d 1142, 1157 [ 278 Cal.Rptr. 614 , 805 P.2d 873 ].) Legislative silence after a court has construed a statute at most gives rise to “an arguable inference of acquiescence or passive approval [citations].” (Stop Youth Addiction, Inc. v. Lucky Stores, Inc. (1998) 17 Cal.4th 553, 563 [ 71 Cal.Rptr.2d 731 , 950 P.2d 1086 ].) Thus, unlike cases where lawmakers can be presumed to borrow from existing law to supply omitted meaning to later enactments, the pre 1999(People v. Morante (1999) 20 Cal.4th 403, 429-430 [ 84 Cal.Rptr.2d 665 , 975 P.2d 1071 ]; Harris v. Capital Growth Investors XIV (1991) 52 Cal.3d 1142, 1157 [ 278 Cal.Rptr. 614 , 805 P.2d 873 ].) Legislative silence after a court has construed a statute at most gives rise to “an arguable inference of acquiescence or passive approval [citations].” (Stop Youth Addiction, Inc. v. Lucky Stores, Inc. (1998) 17 Cal.4th 553, 563 [ 71 Cal.Rptr.2d 731 , 950 P.2d 1086 ].) Thus, unlike cases where lawmakers can be presumed to borrow from existing law to supply omitted meaning to later enactments, the pre | 1 | 1 |
People v. Morantegreen2 sentences1999(People v. Morante (1999) 20 Cal.4th 403, 429-430 [ 84 Cal.Rptr.2d 665 , 975 P.2d 1071 ]; Harris v. Capital Growth Investors XIV (1991) 52 Cal.3d 1142, 1157 [ 278 Cal.Rptr. 614 , 805 P.2d 873 ].) Legislative silence after a court has construed a statute at most gives rise to “an arguable inference of acquiescence or passive approval [citations].” (Stop Youth Addiction, Inc. v. Lucky Stores, Inc. (1998) 17 Cal.4th 553, 563 [ 71 Cal.Rptr.2d 731 , 950 P.2d 1086 ].) Thus, unlike cases where lawmakers can be presumed to borrow from existing law to supply omitted meaning to later enactments, the pre 1999(People v. Morante (1999) 20 Cal.4th 403, 429-430 [ 84 Cal.Rptr.2d 665 , 975 P.2d 1071 ]; Harris v. Capital Growth Investors XIV (1991) 52 Cal.3d 1142, 1157 [ 278 Cal.Rptr. 614 , 805 P.2d 873 ].) Legislative silence after a court has construed a statute at most gives rise to “an arguable inference of acquiescence or passive approval [citations].” (Stop Youth Addiction, Inc. v. Lucky Stores, Inc. (1998) 17 Cal.4th 553, 563 [ 71 Cal.Rptr.2d 731 , 950 P.2d 1086 ].) Thus, unlike cases where lawmakers can be presumed to borrow from existing law to supply omitted meaning to later enactments, the pre | 1 | 1 |
Harris v. Capital Growth Investors XIVgreen2 sentences1999(People v. Morante (1999) 20 Cal.4th 403, 429-430 [ 84 Cal.Rptr.2d 665 , 975 P.2d 1071 ]; Harris v. Capital Growth Investors XIV (1991) 52 Cal.3d 1142, 1157 [ 278 Cal.Rptr. 614 , 805 P.2d 873 ].) Legislative silence after a court has construed a statute at most gives rise to “an arguable inference of acquiescence or passive approval [citations].” (Stop Youth Addiction, Inc. v. Lucky Stores, Inc. (1998) 17 Cal.4th 553, 563 [ 71 Cal.Rptr.2d 731 , 950 P.2d 1086 ].) Thus, unlike cases where lawmakers can be presumed to borrow from existing law to supply omitted meaning to later enactments, the pre 1999(People v. Morante (1999) 20 Cal.4th 403, 429-430 [ 84 Cal.Rptr.2d 665 , 975 P.2d 1071 ]; Harris v. Capital Growth Investors XIV (1991) 52 Cal.3d 1142, 1157 [ 278 Cal.Rptr. 614 , 805 P.2d 873 ].) Legislative silence after a court has construed a statute at most gives rise to “an arguable inference of acquiescence or passive approval [citations].” (Stop Youth Addiction, Inc. v. Lucky Stores, Inc. (1998) 17 Cal.4th 553, 563 [ 71 Cal.Rptr.2d 731 , 950 P.2d 1086 ].) Thus, unlike cases where lawmakers can be presumed to borrow from existing law to supply omitted meaning to later enactments, the pre | 1 | 1 |
County of Orange v. LESLIE B.green2 sentences1996(In re Lisa R. (1975) 13 Cal.3d 636, 647-649 [ 119 Cal.Rptr. 475 , 532 P.2d 123 , 90 A.L.R.3d 1017 ]; County of Orange v. Leslie B. (1993) 14 Cal.App.4th 976, 980 [ 17 Cal.Rptr.2d 797 ].) *1447 In particular, the courts have found that where a husband leaves the marriage before the birth of the child and never assumes parental responsibility, the presumption cannot be used to exclude evidence that would establish the identity of the child’s biological father. 1996(In re Lisa R. (1975) 13 Cal.3d 636, 647-649 [ 119 Cal.Rptr. 475 , 532 P.2d 123 , 90 A.L.R.3d 1017 ]; County of Orange v. Leslie B. (1993) 14 Cal.App.4th 976, 980 [ 17 Cal.Rptr.2d 797 ].) *1447 In particular, the courts have found that where a husband leaves the marriage before the birth of the child and never assumes parental responsibility, the presumption cannot be used to exclude evidence that would establish the identity of the child’s biological father. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in California. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Estate of Lund
green
2 sentences1975(See Stanley v. Illinois, supra, 405 U.S. 645, 652-653, 654-655 [ 31 L.Ed.2d 551,559-561 ].) Nor does the state’s interest in relieving a child of the stigma of illegitimacy (see Estate of Lund, supra, 26 Cal.2d 472 ) warrant the conclusiveness of the presumption. 1975(See Stanley v. Illinois, supra, 405 U.S. 645, 652-653, 654-655 [ 31 L.Ed.2d 551,559-561 ].) Nor does the state’s interest in relieving a child of the stigma of illegitimacy (see Estate of Lund, supra, 26 Cal.2d 472 ) warrant the conclusiveness of the presumption. | 2 | 1975–1975 |
Michael H. v. Gerald D.
green
1 sentence2014Thus, the cases have consistently held that where the state does not have a legitimate interest in enforcing the conclusiveness of the presumption, an interested party may, notwithstanding the presumption, present evidence which establishes that a husband is not the biological father of his wife’s child. [Citations.] [¶] . . . ‘As Justice Scalia noted in Michael H. [v. Gerald D. (1989) 491 U.S. 110 ], irrebutable presumption cases ultimately call into question not the adequacy of the procedures but “the adequacy of the ‘fit’ between the classification and the policy that the classification ser | 1 | 2014–2014 |
In Re Marriage of Freeman
green
1 sentence2014Thus, the cases have consistently held that where the state does not have a legitimate interest in enforcing the conclusiveness of the presumption, an interested party may, notwithstanding the presumption, present evidence which establishes that a husband is not the biological father of his wife’s child. [Citations.] [¶] . . . ‘As Justice Scalia noted in Michael H. [v. Gerald D. (1989) 491 U.S. 110 ], irrebutable presumption cases ultimately call into question not the adequacy of the procedures but “the adequacy of the ‘fit’ between the classification and the policy that the classification ser | 1 | 2014–2014 |
Estate of Cornelious
green
1 sentence2014The underlying policies of section 7540 are to “promote[] important social policies: preserv[e] . . . the integrity of the family, protect[] . . . the welfare of children by avoiding the stigma of illegitimacy and keep[] them off welfare rolls, and insur[e] . . . the stability of titles and inheritance.” (Estate of Cornelious (1984) 35 Cal.3d 461, 465 .) Here, E.C. was conceived during wedlock; at the time of her birth, husband and Mother were separated. | 1 | 2014–2014 |
Sacramento County Welfare Department v. Victor R.
green
1 sentence1996(In re Lisa R. (1975) 13 Cal.3d 636, 647-649 [ 119 Cal.Rptr. 475 , 532 P.2d 123 , 90 A.L.R.3d 1017 ]; County of Orange v. Leslie B. (1993) 14 Cal.App.4th 976, 980 [ 17 Cal.Rptr.2d 797 ].) *1447 In particular, the courts have found that where a husband leaves the marriage before the birth of the child and never assumes parental responsibility, the presumption cannot be used to exclude evidence that would establish the identity of the child’s biological father. | 1 | 1996–1996 |
Demartini v. Marini
green
2 sentences1960Appellant cites Demartini v. Marini (1920), 45 Cal.App. 418 [ 187 P. 985 ], as authority to the contrary, but in that case the plaintiff did not state a cause of action in the first count of her complaint and under the facts alleged could not. 1960Appellant cites Demartini v. Marini (1920), 45 Cal.App. 418 [ 187 P. 985 ], as authority to the contrary, but in that case the plaintiff did not state a cause of action in the first count of her complaint and under the facts alleged could not. | 1 | 1960–1960 |
Seiders v. Merchants Life Ass'n of United States
green
2 sentences1936The question was not involved in the ease; and the writer of the opinion immediately proceeds to cite another case in support of the point then being considered (Seiders v. Merchants’ Life Assn., 93 Tex. 194 [ 54 S. W. 753 ]) to the effect that the law of the place of performance must be followed “unless there be something in the circumstances that indicates that the parties contracted with reference to the place where the contract was made”. 1936The question was not involved in the ease; and the writer of the opinion immediately proceeds to cite another case in support of the point then being considered (Seiders v. Merchants’ Life Assn., 93 Tex. 194 [ 54 S. W. 753 ]) to the effect that the law of the place of performance must be followed “unless there be something in the circumstances that indicates that the parties contracted with reference to the place where the contract was made”. | 1 | 1936–1936 |
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.