incentive challenge (California) · Go Syfert
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incentive challenge in California

7 California opinions name it 2 courts 2016–2020 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 (3)

CaseFollowedCited
Telish v. Cal. State Personnel Boardgreen
calctapp · 2015 · cited in 2 California opinions naming this issue, 2020–2020
2 sentences

2020(Telish v. State Personnel Bd. (2015) 234 Cal.App.4th 1479, 1487, fn. 4 [“An appellant’s failure to raise an argument in the opening brief waives the issue on appeal”].) Even Barriga, the party with the incentive to challenge the evidentiary ruling, did not do so.

2020(Telish v. State Personnel Bd. (2015) 234 Cal.App.4th 1479, 1487, fn. 4 [“An appellant’s failure to raise an argument in the opening brief waives the issue on appeal”].) Even Barriga, the party with the incentive to challenge the evidentiary ruling, did not do so.

22
Cristler v. Express Messenger Systems, Inc.green
calctapp · 2009 · cited in 2 California opinions naming this issue, 2016–2016
2 sentences

2016(See Cristler v. Express Messenger Systems, Inc. (2009) 171 Cal.App.4th 72, 78 [determination of employee status is one of fact, and appellate courts “have no authority to simply second-guess the conclusion reached by the fact finder”].) Moreover, Farmers had an incentive to challenge the finding, as appellant sought to revive his wage claim, the viability of which depended largely on his status as an employee.

2016(See Cristler v. Express Messenger Systems, Inc. (2009) 171 Cal.App.4th 72, 78 [ 89 Cal.Rptr.3d 34 ] [determination of employee status is one of fact, and appellate courts “have no authority to simply second-guess the conclusion reached by the fact finder”].) Moreover, Farmers had an incentive to challenge the finding, as appellant sought to revive his wage claim, the viability of which depended largely on his status as an employee.

22
Verdugo v. Target Corp.green
cal · 2014 · cited in 2 California opinions naming this issue, 2018–2018
2 sentences

2018"The applicability of the immunity statutes to entities that are under a common law duty to acquire and provide an AED would not in any way reduce or undermine the incentive that the immunity statutes provide to persons or entities that voluntarily obtain and make available AEDs." ( Verdugo, supra , 59 Cal.4th at p. 332, 173 Cal.Rptr.3d 662 , 327 P.3d 774 .) *409 Similarly, we can evince no legislative intent to eviscerate the public trust in navigable waterways in the text or scope of SGMA.

2018"The applicability of the immunity statutes to entities that are under a common law duty to acquire and provide an AED would not in any way reduce or undermine the incentive that the immunity statutes provide to persons or entities that voluntarily obtain and make available AEDs." ( Verdugo, supra , 59 Cal.4th at p. 332, 173 Cal.Rptr.3d 662 , 327 P.3d 774 .) *409 Similarly, we can evince no legislative intent to eviscerate the public trust in navigable waterways in the text or scope of SGMA.

12

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 (1)

CaseCitedYears
People v. Hosner green
cal · 1975
2 sentences

2017The denial of a transcript, we reasoned, "infects" the entire second trial, and an appellate court could only "hypothesize" what effect the transcript of a previous trial would have on the defendant's retrial. ( Hosner , 15 Cal.3d at p. 70 , 123 Cal.Rptr. 381 , 538 P.2d 1141 .) Moreover, an automatic reversal rule was required to ensure that the prosecution had an incentive to challenge-before trial-the defendant's right to a transcript. ( Ibid . ) And the defendant's right would be undermined by allowing the prosecution to wait until an appeal to litigate the need for a transcript "disguised

2017The denial of a transcript, we reasoned, "infects" the entire second trial, and an appellate court could only "hypothesize" what effect the transcript of a previous trial would have on the defendant's retrial. ( Hosner , 15 Cal.3d at p. 70 , 123 Cal.Rptr. 381 , 538 P.2d 1141 .) Moreover, an automatic reversal rule was required to ensure that the prosecution had an incentive to challenge-before trial-the defendant's right to a transcript. ( Ibid . ) And the defendant's right would be undermined by allowing the prosecution to wait until an appeal to litigate the need for a transcript "disguised

12017–2017

Where else courts name it

CA 7 (2016–2020) IL 5 (1979–2010) DC 3 (1993–2026) NY 3 (2011–2022) MA 2 (1974–1993) CT 2 (2016–2018)

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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