purely technical error (California) · Go Syfert
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purely technical error in California

7 California opinions name it 2 courts 1928–2023 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.

Followed or applied (5)

CaseFollowedCited
Smith v. Bear Valley Milling & Lumber Co.green
cal · 1945 · cited in 2 California opinions naming this issue, 1961–1992
2 sentences

1992(Smith v. Bear Valley etc. Co. [1945] 26 Cal.2d 590, 602 [ 160 P.2d 1 ].)” (Collison v. Thomas, supra at p. 496 .) The trial court in Smith v. Bear Valley etc. Co., supra, 26 Cal.2d 590, pursuant to the mandatory provisions of the five-year statute (Code Civ.

1992(Smith v. Bear Valley etc. Co. [1945] 26 Cal.2d 590, 602 [ 160 P.2d 1 ].)” (Collison v. Thomas, supra at p. 496 .) The trial court in Smith v. Bear Valley etc. Co., supra, 26 Cal.2d 590, pursuant to the mandatory provisions of the five-year statute (Code Civ.

12
Hamilton v. State Bargreen
cal · 1979 · cited in 1 California opinions naming this issue, 1987–1987
2 sentences

1987(Hamilton v. State Bar (1979) 23 Cal.3d 868, 873-874 [ 153 Cal.Rptr. 602 , 591 P.2d 1254 ]; Millsberg v. State Bar (1971) 6 Cal.3d 65, 74-75 [ 98 Cal.Rptr. 223 , 490 P.2d 543 ].) Petitioner characterizes his own conduct as a negligent failure to comply with a purely technical requirement that he disclose his status as a principal of Satellite and that he obtain Coss’s consent to his acting in a dual capacity.

1987(Hamilton v. State Bar (1979) 23 Cal.3d 868, 873-874 [ 153 Cal.Rptr. 602 , 591 P.2d 1254 ]; Millsberg v. State Bar (1971) 6 Cal.3d 65, 74-75 [ 98 Cal.Rptr. 223 , 490 P.2d 543 ].) Petitioner characterizes his own conduct as a negligent failure to comply with a purely technical requirement that he disclose his status as a principal of Satellite and that he obtain Coss’s consent to his acting in a dual capacity.

11
Millsberg v. State Bargreen
cal · 1971 · cited in 1 California opinions naming this issue, 1987–1987
2 sentences

1987(Hamilton v. State Bar (1979) 23 Cal.3d 868, 873-874 [ 153 Cal.Rptr. 602 , 591 P.2d 1254 ]; Millsberg v. State Bar (1971) 6 Cal.3d 65, 74-75 [ 98 Cal.Rptr. 223 , 490 P.2d 543 ].) Petitioner characterizes his own conduct as a negligent failure to comply with a purely technical requirement that he disclose his status as a principal of Satellite and that he obtain Coss’s consent to his acting in a dual capacity.

1987(Hamilton v. State Bar (1979) 23 Cal.3d 868, 873-874 [ 153 Cal.Rptr. 602 , 591 P.2d 1254 ]; Millsberg v. State Bar (1971) 6 Cal.3d 65, 74-75 [ 98 Cal.Rptr. 223 , 490 P.2d 543 ].) Petitioner characterizes his own conduct as a negligent failure to comply with a purely technical requirement that he disclose his status as a principal of Satellite and that he obtain Coss’s consent to his acting in a dual capacity.

11
Scheas v. Robertsongreen
cal · 1951 · cited in 1 California opinions naming this issue, 1958–1958
2 sentences

1958The plea of the statute of limitations has been held to constitute more than a purely technical defense. ‘ ‘ Statutes of limitation are . . . ‘vital to the welfare of society and are favored by the law ... to be viewed as statutes of repose, and as such constitute meritorious defenses.’ ” (Scheas v. Robertson, 38 Cal.2d 119, 125-126 [ 238 P.2d 982 ].) The issue of the running of the statute was thoroughly gone into on the trial and appellants for that reason cannot claim the prejudice of the injection of a new issue which they were not given full opportunity to meet.

1958The plea of the statute of limitations has been held to constitute more than a purely technical defense. ‘ ‘ Statutes of limitation are . . . ‘vital to the welfare of society and are favored by the law ... to be viewed as statutes of repose, and as such constitute meritorious defenses.’ ” (Scheas v. Robertson, 38 Cal.2d 119, 125-126 [ 238 P.2d 982 ].) The issue of the running of the statute was thoroughly gone into on the trial and appellants for that reason cannot claim the prejudice of the injection of a new issue which they were not given full opportunity to meet.

11
E. Clemens Horst Co. v. Industrial Accident Commissiongreen
cal · 1920 · cited in 1 California opinions naming this issue, 1934–1934
2 sentences

1934Clemens Horst Co. v. Industrial Acc. Com., 184 Cal. 180, 188 [ 193 Pac. 105, 108 , 16 A. L.

1934Clemens Horst Co. v. Industrial Acc. Com., 184 Cal. 180, 188 [ 193 Pac. 105, 108 , 16 A. L.

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 (3)

CaseCitedYears
Robinson v. Woods green
calctapp · 2008
1 sentence

2023“It has been said that the erroneous granting of a summary judgment motion ‘lies outside the curative provisions’ of the harmless error provision of the California Constitution because such an error denies a party of its right to a jury trial.” (Hawkins v. Wilton (2006) 144 Cal.App.4th 936, 947 .) Thus, only “purely technical errors in granting summary judgment can be found harmless.” (Ibid.) Given the “importance of providing the minimum statutory notice of a summary judgment hearing,” (Robinson v. Woods, supra, 168 Cal.App.4th at p. 1262 ), we find that ruling on a motion that failed to prov

12023–2023
Hawkins v. Wilton green
calctapp · 2006
1 sentence

2023“It has been said that the erroneous granting of a summary judgment motion ‘lies outside the curative provisions’ of the harmless error provision of the California Constitution because such an error denies a party of its right to a jury trial.” (Hawkins v. Wilton (2006) 144 Cal.App.4th 936, 947 .) Thus, only “purely technical errors in granting summary judgment can be found harmless.” (Ibid.) Given the “importance of providing the minimum statutory notice of a summary judgment hearing,” (Robinson v. Woods, supra, 168 Cal.App.4th at p. 1262 ), we find that ruling on a motion that failed to prov

12023–2023
Turner v. Fidelity & Deposit Co. green
cal · 1921
2 sentences

1928The old rule of strietissimi juris applies only to the extent that no implication shall be indulged in to impose a burden not clearly inferable from the language of the contract, but does not apply so as to hold that a contract shall not be reasonably interpreted as other contracts are.’ (See, also, to the same effect, Pratt v. Matthews, 24 Hun [N. Y.], 387.) ” Also, as stated in the case of Turner v. Fidelity & Deposit Co., 187 Cal. 76 , at page 85 [ 200 Pac. 959, 962 ] : “In this case the Surety Company stands upon a purely technical defense, and while it is true that the rule is in its favo

1928The old rule of strietissimi juris applies only to the extent that no implication shall be indulged in to impose a burden not clearly inferable from the language of the contract, but does not apply so as to hold that a contract shall not be reasonably interpreted as other contracts are.’ (See, also, to the same effect, Pratt v. Matthews, 24 Hun [N. Y.], 387.) ” Also, as stated in the case of Turner v. Fidelity & Deposit Co., 187 Cal. 76 , at page 85 [ 200 Pac. 959, 962 ] : “In this case the Surety Company stands upon a purely technical defense, and while it is true that the rule is in its favo

11928–1928

Where else courts name it

CA 7 (1928–2023) IL 5 (1899–1994) NY 5 (1909–2008) PA 3 (1946–2023) WA 3 (1942–2009)

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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