mere personal privilege (California) · Go Syfert
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mere personal privilege in California

7 California opinions name it 1 courts 1924–2020 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 (7)

CaseFollowedCited
Stoner v. Zuckergreen
cal · 1906 · cited in 1 California opinions naming this issue, 2020–2020
1 sentence

2020Indeed, any attempt by the licensee to assign the license ordinarily destroys and terminates it.” (Eastman v. Piper, supra, 68 Cal.App. at p. 562 ; accord, Beckett v. City of Paris Dry Goods Co. (1939) 14 Cal.2d 633, 637 ; Richardson, at p. 751; see 6 Miller & Starr, Cal. Real Estate (4th ed. 2019) § 15.2.) Nonetheless, “[a]n otherwise revocable license becomes irrevocable when the licensee, acting in reasonable reliance either on the licensor’s representations or on the terms of the license, makes substantial expenditures of money or labor in the execution of the license, and the license will

11
Cooke v. Ramponigreen
cal · 1952 · cited in 1 California opinions naming this issue, 2020–2020
1 sentence

2020Indeed, any attempt by the licensee to assign the license ordinarily destroys and terminates it.” (Eastman v. Piper, supra, 68 Cal.App. at p. 562 ; accord, Beckett v. City of Paris Dry Goods Co. (1939) 14 Cal.2d 633, 637 ; Richardson, at p. 751; see 6 Miller & Starr, Cal. Real Estate (4th ed. 2019) § 15.2.) Nonetheless, “[a]n otherwise revocable license becomes irrevocable when the licensee, acting in reasonable reliance either on the licensor’s representations or on the terms of the license, makes substantial expenditures of money or labor in the execution of the license, and the license will

11
Golden West Baseball Co. v. City of Anaheimgreen
calctapp · 1994 · cited in 1 California opinions naming this issue, 2020–2020
1 sentence

2020A license, commonly viewed as an interest of much less significance than other property rights, is often stated to be not an interest in land at all, but only the mere permission of the landowner.”].) 7 In keeping with a license’s permissive nature, “‘[a] licensor generally can revoke a license at any time without excuse or without consideration to the licensee.’” (Richardson, supra, 233 Cal.App.4th at p. 751 ; accord, Golden West Baseball Co. v. City of Anaheim (1994) 25 Cal.App.4th 11, 36 [“a license is normally revocable at will”].) Moreover, “a license, being a mere personal privilege, is

11
Beckett v. City of Paris Dry Goods Co.green
cal · 1939 · cited in 1 California opinions naming this issue, 2020–2020
1 sentence

2020Indeed, any attempt by the licensee to assign the license ordinarily destroys and terminates it.” (Eastman v. Piper, supra, 68 Cal.App. at p. 562 ; accord, Beckett v. City of Paris Dry Goods Co. (1939) 14 Cal.2d 633, 637 ; Richardson, at p. 751; see 6 Miller & Starr, Cal. Real Estate (4th ed. 2019) § 15.2.) Nonetheless, “[a]n otherwise revocable license becomes irrevocable when the licensee, acting in reasonable reliance either on the licensor’s representations or on the terms of the license, makes substantial expenditures of money or labor in the execution of the license, and the license will

11
Richardson v. Francgreen
calctapp · 2015 · cited in 1 California opinions naming this issue, 2020–2020
2 sentences

2020A license, commonly viewed as an interest of much less significance than other property rights, is often stated to be not an interest in land at all, but only the mere permission of the landowner.”].) 7 In keeping with a license’s permissive nature, “‘[a] licensor generally can revoke a license at any time without excuse or without consideration to the licensee.’” (Richardson, supra, 233 Cal.App.4th at p. 751 ; accord, Golden West Baseball Co. v. City of Anaheim (1994) 25 Cal.App.4th 11, 36 [“a license is normally revocable at will”].) Moreover, “a license, being a mere personal privilege, is

2020Indeed, any attempt by the licensee to assign the license ordinarily destroys and terminates it.” (Eastman v. Piper, supra, 68 Cal.App. at p. 562 ; accord, Beckett v. City of Paris Dry Goods Co. (1939) 14 Cal.2d 633, 637 ; Richardson, at p. 751; see 6 Miller & Starr, Cal. Real Estate (4th ed. 2019) § 15.2.) Nonetheless, “[a]n otherwise revocable license becomes irrevocable when the licensee, acting in reasonable reliance either on the licensor’s representations or on the terms of the license, makes substantial expenditures of money or labor in the execution of the license, and the license will

11
Estate of Reidgreen
calctapp · 1938 · cited in 1 California opinions naming this issue, 1979–1979
2 sentences

1979(Estate of Reid (1938) 26 Cal.App.2d 362, 369 [ 79 P.2d 451 ].) The right to resort to a vendor’s lien must be established by suit, the lien is of no operative force or effect until established by a decree of court and may be asserted only by a suit in equity for the purpose of obtaining such a decree.

1979(Estate of Reid (1938) 26 Cal.App.2d 362, 369 [ 79 P.2d 451 ].) The right to resort to a vendor’s lien must be established by suit, the lien is of no operative force or effect until established by a decree of court and may be asserted only by a suit in equity for the purpose of obtaining such a decree.

11
Schwartz v. Meadgreen
calctapp · 1931 · cited in 1 California opinions naming this issue, 1938–1938
2 sentences

1938It is a mere personal privilege to resort to it if desired as a means of enforcing the terms of the contract. *370 (Schwartz v. Mead, 116 Cal. App. 606, 613 [ 3 Pac. (2d) 48 ]; 17 Cal. Jur. 718, sec. 23.) In the authority last cited it is said: “A vendor’s implied lien after conveyance is created by the law and not by contract of the parties, as are mortgages.

1938It is a mere personal privilege to resort to it if desired as a means of enforcing the terms of the contract. *370 (Schwartz v. Mead, 116 Cal. App. 606, 613 [ 3 Pac. (2d) 48 ]; 17 Cal. Jur. 718, sec. 23.) In the authority last cited it is said: “A vendor’s implied lien after conveyance is created by the law and not by contract of the parties, as are mortgages.

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 (9)

CaseCitedYears
Hammond v. Mustard green
calctapp · 1967
1 sentence

2020Indeed, any attempt by the licensee to assign the license ordinarily destroys and terminates it.” (Eastman v. Piper, supra, 68 Cal.App. at p. 562 ; accord, Beckett v. City of Paris Dry Goods Co. (1939) 14 Cal.2d 633, 637 ; Richardson, at p. 751; see 6 Miller & Starr, Cal. Real Estate (4th ed. 2019) § 15.2.) Nonetheless, “[a]n otherwise revocable license becomes irrevocable when the licensee, acting in reasonable reliance either on the licensor’s representations or on the terms of the license, makes substantial expenditures of money or labor in the execution of the license, and the license will

12020–2020
Eastman v. Piper green
calctapp · 1924
1 sentence

2020Indeed, any attempt by the licensee to assign the license ordinarily destroys and terminates it.” (Eastman v. Piper, supra, 68 Cal.App. at p. 562 ; accord, Beckett v. City of Paris Dry Goods Co. (1939) 14 Cal.2d 633, 637 ; Richardson, at p. 751; see 6 Miller & Starr, Cal. Real Estate (4th ed. 2019) § 15.2.) Nonetheless, “[a]n otherwise revocable license becomes irrevocable when the licensee, acting in reasonable reliance either on the licensor’s representations or on the terms of the license, makes substantial expenditures of money or labor in the execution of the license, and the license will

12020–2020
Shoen v. Zacarias green
calctapp5d · 2019
2 sentences

2020Indeed, any attempt by the licensee to assign the license ordinarily destroys and terminates it.” (Eastman v. Piper, supra, 68 Cal.App. at p. 562 ; accord, Beckett v. City of Paris Dry Goods Co. (1939) 14 Cal.2d 633, 637 ; Richardson, at p. 751; see 6 Miller & Starr, Cal. Real Estate (4th ed. 2019) § 15.2.) Nonetheless, “[a]n otherwise revocable license becomes irrevocable when the licensee, acting in reasonable reliance either on the licensor’s representations or on the terms of the license, makes substantial expenditures of money or labor in the execution of the license, and the license will

2020Indeed, any attempt by the licensee to assign the license ordinarily destroys and terminates it.” (Eastman v. Piper, supra, 68 Cal.App. at p. 562 ; accord, Beckett v. City of Paris Dry Goods Co. (1939) 14 Cal.2d 633, 637 ; Richardson, at p. 751; see 6 Miller & Starr, Cal. Real Estate (4th ed. 2019) § 15.2.) Nonetheless, “[a]n otherwise revocable license becomes irrevocable when the licensee, acting in reasonable reliance either on the licensor’s representations or on the terms of the license, makes substantial expenditures of money or labor in the execution of the license, and the license will

12020–2020
Brown v. Johnson green
calctapp · 1979
2 sentences

1992Under these provisions it has long been held that “instrument” invariably means a “written paper or instrument signed and delivered by one person to another, transferring the title to or creating a lien on property, or *670 giving a right to a debt or a duty.” (Hoag v. Howard (1880) 55 Cal. 564, 565 ; Brown v. Johnson, supra, 98 Cal.App.3d at p. 849 .) The vendor’s lien is not an instrument in this sense; rather, it is “a mere personal privilege to resort to land as a means of enforcing a land sale contract ... of no operative force or effect until established by a decree of court and [assert-

1992Under these provisions it has long been held that “instrument” invariably means a “written paper or instrument signed and delivered by one person to another, transferring the title to or creating a lien on property, or *670 giving a right to a debt or a duty.” (Hoag v. Howard (1880) 55 Cal. 564, 565 ; Brown v. Johnson, supra, 98 Cal.App.3d at p. 849 .) The vendor’s lien is not an instrument in this sense; rather, it is “a mere personal privilege to resort to land as a means of enforcing a land sale contract ... of no operative force or effect until established by a decree of court and [assert-

11992–1992
Hoag v. Howard green
cal · 1880
1 sentence

1992Under these provisions it has long been held that “instrument” invariably means a “written paper or instrument signed and delivered by one person to another, transferring the title to or creating a lien on property, or *670 giving a right to a debt or a duty.” (Hoag v. Howard (1880) 55 Cal. 564, 565 ; Brown v. Johnson, supra, 98 Cal.App.3d at p. 849 .) The vendor’s lien is not an instrument in this sense; rather, it is “a mere personal privilege to resort to land as a means of enforcing a land sale contract ... of no operative force or effect until established by a decree of court and [assert-

11992–1992
Williams v. Young neutral
cal · 1862
1 sentence

1979It is, therefore, the personal privilege of the vendor, given solely for his security, and is in its nature unassignable.” (Williams v. Young (1862) 21 Cal. 227, 228 .) A vendor’s lien is a mere personal privilege to resort to land as a means of enforcing a land sale contract.

11979–1979
Bank of Suisun v. Stark neutral
cal · 1895
2 sentences

1940The appellant relies upon the case of The Bank of Suisun v. Stark, 106 Cal. 202 [ 39 Pac. 531 ], There the grantors “reserved to themselves the right to live in and occupy the residence now occupied by them and situated upon the premises above described.” Such reservation is not one of a life estate, but a mere personal privilege.

1940The appellant relies upon the case of The Bank of Suisun v. Stark, 106 Cal. 202 [ 39 Pac. 531 ], There the grantors “reserved to themselves the right to live in and occupy the residence now occupied by them and situated upon the premises above described.” Such reservation is not one of a life estate, but a mere personal privilege.

11940–1940
King v. Miller neutral
wash · 1894
1 sentence

1925King v. Miller, 10 Wash. 274 [38 Pac. *685 1020].

11925–1925
Walterman v. Village of Norwalk green
wis · 1911
1 sentence

1924Cas. 1912A, 1176, 130 N. W. 479 ], where the court says: “ ... the use in the instrument of the word ‘remise, release and forever discharge, ’ etc., indicates pretty clearly an intention to give something more than a mere license; to grant an easement in the land.” Another suggestive feature of the instrument, and one which we deem especially pregnant with significance, is that it grants the *562 roadway' privilege to Moffit and to “his heirs or assigns.” As we have pointed out, a license, being a mere personal privilege, is never extended to the heirs or assigns of the licensee.

11924–1924

Where else courts name it

AL 26 (1877–2017) MO 17 (1832–2016) SC 16 (1908–2024) TX 11 (1885–2017) PA 11 (1932–2025) NE 9 (1876–2015) NY 9 (1859–2000) CA 7 (1924–2020) IL 5 (1971–2003) CO 5 (1911–2003) MA 4 (1838–1993) FL 3 (1960–2004) IA 3 (1886–1937) NJ 3 (1882–2015) MD 3 (1984–2017) AR 3 (1873–1944) NC 3 (1953–1961) WY 2 (1957–1985) KS 2 (1907–1916) UT 2 (1903–1906) MI 2 (1927–2014) KY 2 (1884–1937) WA 2 (1913–1942) OR 2 (1943–1972) NM 2 (1920–1936) GA 2 (1905–1949)

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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