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7 California opinions name it 1 courts 1988–2023 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 |
|---|---|---|
Hill v. National Collegiate Athletic Assn.green2 sentences2007(Hill v. National Collegiate Athletic Assn. (1994) 7 Cal.4th 1, 39-40 [ 26 Cal.Rptr.2d 834 , 865 P.2d 633 ].) A defendant challenging the privacy claim may do so either by negating one of the three elements or by proving the invasion of privacy is justified “because it substantively furthers one or more countervailing interests.” (Id. at p. 40.) If the defendant establishes that defense, the plaintiff may rebut it by “showing there are feasible and effective alternatives to defendant’s conduct which have a lesser impact on privacy interests.” (Ibid.) The University met its burden of proof by e 2007(Hill v. National Collegiate Athletic Assn. (1994) 7 Cal.4th 1, 39-40 [ 26 Cal.Rptr.2d 834 , 865 P.2d 633 ].) A defendant challenging the privacy claim may do so either by negating one of the three elements or by proving the invasion of privacy is justified “because it substantively furthers one or more countervailing interests.” (Id. at p. 40.) If the defendant establishes that defense, the plaintiff may rebut it by “showing there are feasible and effective alternatives to defendant’s conduct which have a lesser impact on privacy interests.” (Ibid.) The University met its burden of proof by e | 1 | 1 |
Salazar v. Upland Police Departmentgreen2 sentences2006(See generally Salazar v. Upland Police Dept. (2004) 116 Cal.App.4th 934, 938 [ 11 Cal.Rptr.3d 22 ] [summary judgment appropriate where the defendant establishes immunity defense].) 25 D. 2006(See generally Salazar v. Upland Police Dept. (2004) 116 Cal.App.4th 934, 938 [ 11 Cal.Rptr.3d 22 ] [summary judgment appropriate where the defendant establishes immunity defense].) 25 D. | 1 | 1 |
Thorner v. Selective Cam Transmission Co.green2 sentences1996(Cf. Thorner v. Selective Cam Transmission Co. (1960) 180 Cal.App.2d 89, 90 [ 4 Cal.Rptr. 409 ].) If the defendant establishes the bar of the statute, then the foreign corporation plaintiff must comply with section 2203, subdivision (c). 1996(Cf. Thorner v. Selective Cam Transmission Co. (1960) 180 Cal.App.2d 89, 90 [ 4 Cal.Rptr. 409 ].) If the defendant establishes the bar of the statute, then the foreign corporation plaintiff must comply with section 2203, subdivision (c). | 1 | 1 |
Smith v. Americania Motor Lodgegreen2 sentences1988(Smith v. Americania Motor Lodge (1974) 39 Cal.App.3d 1, 10-11 [ 113 Cal.Rptr. 771 , 88 A.L.R.3d 1188 ].) In some circumstances, the nature of the statutory violation is such that the fundamental purpose of the statute would be defeated if the plaintiff were permitted to assume the risk. 1988(Smith v. Americania Motor Lodge (1974) 39 Cal.App.3d 1, 10-11 [ 113 Cal.Rptr. 771 , 88 A.L.R.3d 1188 ].) In some circumstances, the nature of the statutory violation is such that the fundamental purpose of the statute would be defeated if the plaintiff were permitted to assume the risk. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in California. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Alvarez v. Seaside Transp. Servs. LLC
green
1 sentence2023(Ibid.) In Alvarez, the appellate court concluded the Privette presumption affects the burden of producing evidence; therefore, a moving defendant need only show it is entitled to the benefit of the presumption to shift the burden of proof to the opposing plaintiff to show there are triable issues of fact. ( Alvarez, supra, 13 Cal.App.5th at pp. 643‒644.) Once the defendant hirer establishes the foundational facts for the Privette presumption to apply—that the defendant hired the plaintiff’s employer to perform work on the jobsite and the plaintiff was injured while working at the site—the bur | 1 | 2023–2023 |
People v. Mejia
green
1 sentence2020A defendant establishes error under the terms of section 1473.7 if he shows that he did not meaningfully understand, defend against, or knowingly accept the “mandatory immigration consequences of his guilty plea.” (People v. Mejia, supra, 36 Cal.App.5th at p. 873 .) Defendant was provided a section 1016.5 advisement, but there is no indication on the form, or any other evidence, that the advisement was supplemented to make it complete. | 1 | 2020–2020 |
Pitchess v. Superior Court
red
1 sentence2015(People v. Hart (1999) 20 Cal.4th 546, 604 .) Reviewing the trial court’s ruling based upon the record and claims presented at the time of the Marsden hearing, we conclude that Avila failed to demonstrate that the complained-of decisions of defense 2 Pitchess v. Superior Court (1974) 11 Cal.3d 531 (Pitchess). 18. counsel would likely result in ineffective assistance and therefore the court did not abuse its discretion in denying his motion to replace counsel. | 1 | 2015–2015 |
People v. Hart
green
1 sentence2015(People v. Hart (1999) 20 Cal.4th 546, 604 .) Reviewing the trial court’s ruling based upon the record and claims presented at the time of the Marsden hearing, we conclude that Avila failed to demonstrate that the complained-of decisions of defense 2 Pitchess v. Superior Court (1974) 11 Cal.3d 531 (Pitchess). 18. counsel would likely result in ineffective assistance and therefore the court did not abuse its discretion in denying his motion to replace counsel. | 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.