remedial rule (California) · Go Syfert
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remedial rule in California

7 California opinions name it 2 courts 1980–2025 2 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
Mesler v. Bragg Management Co.green
cal · 1985 · cited in 1 California opinions naming this issue, 2021–2021
1 sentence

2021(Mesler v. Bragg Management Co. (1985) 39 Cal.3d 290, 300 [“The alter ego doctrine arises when a plaintiff comes into court claiming that an opposing party is using the corporate form unjustly and in derogation of the plaintiff’s interests. [Citation.] In certain circumstances the court will disregard the corporate entity and will hold the individual shareholders liable for the actions of the corporation[.]”].) Alter ego depends on whether there is “‘such unity of interest and ownership that the separate personalities of the corporation 8 and the individual no longer exist’” (ibid.), and alter

11
Hanover Shoe, Inc. v. United Shoe MacHinery Corp.green
scotus · 1968 · cited in 1 California opinions naming this issue, 2010–2010
1 sentence

2010(Compare § 16760, subd. (a)(1) [any award must exclude damages “which duplicate^ amounts which have been awarded for the same injury”] with 15 U.S.C. § 15c(a)(l) [same].) As we have discussed, that provision was specifically designed to account for duplicative damage awards resulting from allowing indirect purchasers to recover damages when, under the Hanover Shoe no pass-on defense rule (Hanover Shoe, supra, 392 U.S. at p. 494), direct purchasers might already have been awarded those same damages.

11
Harris v. New Yorkgreen
scotus · 1971 · cited in 1 California opinions naming this issue, 1997–1997
2 sentences

1997(May, supra, 44 Cal.3d at p. 315 .) May classified the Disbrow rule as a remedial rule based on independent state grounds under the state Constitution and contrary to the federal rule of Harris v. New York (1971) 401 U.S. 222 [ 91 S.Ct. 643 , 28 L.Ed.2d 1 ], which allowed defendant’s statements obtained in violation of Miranda for impeachment purposes. ( May, supra, 44 Cal.3d at pp. 318-319.) May interpreted California Constitution, article I, section 28, subdivision (d), as follows: “[T]he ‘Truth-in-Evidence’ provision of our Constitution was probably intended by the California voters as a me

1997(May, supra, 44 Cal.3d at p. 315 .) May classified the Disbrow rule as a remedial rule based on independent state grounds under the state Constitution and contrary to the federal rule of Harris v. New York (1971) 401 U.S. 222 [ 91 S.Ct. 643 , 28 L.Ed.2d 1 ], which allowed defendant’s statements obtained in violation of Miranda for impeachment purposes. ( May, supra, 44 Cal.3d at pp. 318-319.) May interpreted California Constitution, article I, section 28, subdivision (d), as follows: “[T]he ‘Truth-in-Evidence’ provision of our Constitution was probably intended by the California voters as a me

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 (6)

CaseCitedYears
The People v. Mai green
cal · 2013
1 sentence

2025(See Mai, supra, 57 Cal.4th at p. 1009 .) The remedial instruction, which section 859.5 directed was “to be developed by the Judicial Council” (§ 859.5, subd. (e)(3)), is in the Bench Notes to CALCRIM No. 358, the form instruction on a defendant’s out-of-court statements.

12025–2025
Leek v. Cooper green
calctapp · 2011
1 sentence

2021(See Leek v. Cooper (2011) 194 Cal.App.4th 399, 418 .) Rather, it is a remedial doctrine that makes shareholders generally liable for a corporation’s actions.

12021–2021
People v. Clair green
cal · 1992
1 sentence

2014"In Griffin, the United States Supreme Court held that the privilege against self-incrimination of the Fifth Amendment prohibits any comment on a defendant's failure to testify at trial that invites or allows the jury to infer guilt therefrom, whether in the form of an instruction by the court or a remark by the prosecution." (People v. Clair (1992) 2 Cal.4th 629, 662 .) Appellant argues the court's instruction implied that he remained silent at the preliminary hearing because he was guilty, and fabricated his trial testimony.

12014–2014
People v. May green
cal · 1988
2 sentences

1997(May, supra, 44 Cal.3d at p. 315 .) May classified the Disbrow rule as a remedial rule based on independent state grounds under the state Constitution and contrary to the federal rule of Harris v. New York (1971) 401 U.S. 222 [ 91 S.Ct. 643 , 28 L.Ed.2d 1 ], which allowed defendant’s statements obtained in violation of Miranda for impeachment purposes. ( May, supra, 44 Cal.3d at pp. 318-319.) May interpreted California Constitution, article I, section 28, subdivision (d), as follows: “[T]he ‘Truth-in-Evidence’ provision of our Constitution was probably intended by the California voters as a me

1997(May, supra, 44 Cal.3d at p. 315 .) May classified the Disbrow rule as a remedial rule based on independent state grounds under the state Constitution and contrary to the federal rule of Harris v. New York (1971) 401 U.S. 222 [ 91 S.Ct. 643 , 28 L.Ed.2d 1 ], which allowed defendant’s statements obtained in violation of Miranda for impeachment purposes. ( May, supra, 44 Cal.3d at pp. 318-319.) May interpreted California Constitution, article I, section 28, subdivision (d), as follows: “[T]he ‘Truth-in-Evidence’ provision of our Constitution was probably intended by the California voters as a me

11997–1997
Joseph v. Lowery green
or · 1972
1 sentence

1988The Oregon Supreme Court's decision in Joseph v. Lowery, supra, 495 P.2d 273 illustrates the point quite well, in a context closely related to the instant case.

11988–1988
Sterling v. Title Insurance & Trust Co. green
calctapp · 1942
2 sentences

1980Except for the citation to Sterling v. Title Ins. & Trust Co. (1942) 53 Cal.App.2d 736 [ 128 P.2d 31 ], appellant provides the court with no judicial authority to support her proposition that the remedial clause of section 707 applies with equal force to claims filed pursuant to section 709.

1980Except for the citation to Sterling v. Title Ins. & Trust Co. (1942) 53 Cal.App.2d 736 [ 128 P.2d 31 ], appellant provides the court with no judicial authority to support her proposition that the remedial clause of section 707 applies with equal force to claims filed pursuant to section 709.

11980–1980

Where else courts name it

OH 147 (1980–2026) PA 37 (1909–2025) IL 28 (2003–2026) WA 14 (2002–2022) MD 11 (1946–2020) GA 10 (1921–2019) TX 9 (1980–2023) ND 7 (1992–2015) CA 7 (1980–2025) MI 5 (2001–2004) AR 5 (2003–2018) ID 4 (1997–2021) AZ 4 (2012–2018) NY 4 (1992–2020) WI 3 (1975–2010) OR 3 (1929–2023) NJ 3 (1957–1991) NC 3 (1985–2002) MN 3 (1992–2001) MO 3 (1917–2022) VT 2 (1992–1993) OK 2 (2000–2001) DE 2 (2024–2025) CO 2 (1992–2012) FL 2 (1992–2014)

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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