simply defense (California) · Go Syfert
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simply defense in California

9 California opinions name it 2 courts 1959–2024 4 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 (4)

CaseFollowedCited
Boermeester v. Carrygreen
cal · 2023 · cited in 2 California opinions naming this issue, 2024–2024
2 sentences

2024Boermeester has forfeited any claim about identification by failing to develop an argument supported by legal authorities or cogent reasoning showing that telephonic interviews are more 8 To the extent we did not address the investigator’s response to Boermeester’s statements concerning his “own thoughts [and] feelings,” we find that the investigator simply and correctly found that “intent was irrelevant under USC’s policy against intimate partner violence.” (Boermeester, supra, 15 Cal.5th at p. 97.) 9 We note Boermeester also claims the investigator “disregarded the parties’ own written submi

2024Boermeester Received Considerable, Adequate Appellate Process. 8 To the extent we did not address the investigator’s response to Boermeester’s statements concerning his “own thoughts [and] feelings,” we find that the investigator simply and correctly found that “intent was irrelevant under USC’s policy against intimate partner violence.” (Boermeester, supra, 15 Cal.5th at p. 97.) 9 We note Boermeester also claims the investigator “disregarded the parties’ own written submissions entirely, except to bolster her own unsupported opinion that [Roe] is a victim of domestic violence.” This is simply

22
Routh v. Quinngreen
cal · 1942 · cited in 1 California opinions naming this issue, 1959–1959
2 sentences

1959The law recognizes that the defenses of assumption of risk and contributory negligence are separate and distinct (Prescott v. Ralphs Grocery Co., 42 Cal.2d 158, 161 [ 265 P.2d 904 ]; Mula v. Meyer, 132 Cal.App.2d 279, 287 [ 282 P.2d 107 ] ; 35 Cal.Jur.2d 814-816, §267), and requires that to be available as a defense assumption of risk must be specifically pleaded (Routh v. Quinn, 20 Cal.2d 488, at p. 493 [ 127 P.2d 1 , 149 A.L.R. 215 ] ; see also discussion in 59 A.L.R.2d 239 ).

1959The law recognizes that the defenses of assumption of risk and contributory negligence are separate and distinct (Prescott v. Ralphs Grocery Co., 42 Cal.2d 158, 161 [ 265 P.2d 904 ]; Mula v. Meyer, 132 Cal.App.2d 279, 287 [ 282 P.2d 107 ] ; 35 Cal.Jur.2d 814-816, §267), and requires that to be available as a defense assumption of risk must be specifically pleaded (Routh v. Quinn, 20 Cal.2d 488, at p. 493 [ 127 P.2d 1 , 149 A.L.R. 215 ] ; see also discussion in 59 A.L.R.2d 239 ).

11
Mula v. Meyergreen
calctapp · 1955 · cited in 1 California opinions naming this issue, 1959–1959
2 sentences

1959The law recognizes that the defenses of assumption of risk and contributory negligence are separate and distinct (Prescott v. Ralphs Grocery Co., 42 Cal.2d 158, 161 [ 265 P.2d 904 ]; Mula v. Meyer, 132 Cal.App.2d 279, 287 [ 282 P.2d 107 ] ; 35 Cal.Jur.2d 814-816, §267), and requires that to be available as a defense assumption of risk must be specifically pleaded (Routh v. Quinn, 20 Cal.2d 488, at p. 493 [ 127 P.2d 1 , 149 A.L.R. 215 ] ; see also discussion in 59 A.L.R.2d 239 ).

1959The law recognizes that the defenses of assumption of risk and contributory negligence are separate and distinct (Prescott v. Ralphs Grocery Co., 42 Cal.2d 158, 161 [ 265 P.2d 904 ]; Mula v. Meyer, 132 Cal.App.2d 279, 287 [ 282 P.2d 107 ] ; 35 Cal.Jur.2d 814-816, §267), and requires that to be available as a defense assumption of risk must be specifically pleaded (Routh v. Quinn, 20 Cal.2d 488, at p. 493 [ 127 P.2d 1 , 149 A.L.R. 215 ] ; see also discussion in 59 A.L.R.2d 239 ).

11
Prescott v. Ralphs Grocery Co.green
cal · 1954 · cited in 1 California opinions naming this issue, 1959–1959
2 sentences

1959The law recognizes that the defenses of assumption of risk and contributory negligence are separate and distinct (Prescott v. Ralphs Grocery Co., 42 Cal.2d 158, 161 [ 265 P.2d 904 ]; Mula v. Meyer, 132 Cal.App.2d 279, 287 [ 282 P.2d 107 ] ; 35 Cal.Jur.2d 814-816, §267), and requires that to be available as a defense assumption of risk must be specifically pleaded (Routh v. Quinn, 20 Cal.2d 488, at p. 493 [ 127 P.2d 1 , 149 A.L.R. 215 ] ; see also discussion in 59 A.L.R.2d 239 ).

1959The law recognizes that the defenses of assumption of risk and contributory negligence are separate and distinct (Prescott v. Ralphs Grocery Co., 42 Cal.2d 158, 161 [ 265 P.2d 904 ]; Mula v. Meyer, 132 Cal.App.2d 279, 287 [ 282 P.2d 107 ] ; 35 Cal.Jur.2d 814-816, §267), and requires that to be available as a defense assumption of risk must be specifically pleaded (Routh v. Quinn, 20 Cal.2d 488, at p. 493 [ 127 P.2d 1 , 149 A.L.R. 215 ] ; see also discussion in 59 A.L.R.2d 239 ).

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 (4)

CaseCitedYears
Minnesota v. Murphy green
scotus · 1984
2 sentences

2015The Supreme Court held that, under the penalty exception, “the failure to assert the privilege would be excused.” (Murphy, supra, 465 U.S. at p. 435 .) This is simply an exception to the general rule that the Fifth Amendment must be affirmatively invoked; it does not render a compelled waiver constitutional.

2015The Supreme Court held that, under the penalty exception, “the failure to assert the privilege would be excused.” (Murphy, supra, 465 U.S. at p. 435 .) This is simply an exception to the general rule that the Fifth Amendment must be affirmatively invoked; it does not render a compelled waiver constitutional.

32015–2015
Church of the Lukumi Babalu Aye, Inc. v. City of Hialeah green
scotus · 1993
1 sentence

2023(See Lukumi, supra, 508 U.S. at p. 531 .) Appellants have furnished no case, and we are aware of none, upholding the constitutional application of Penal Code section 597 against Kapparot rituals or mandating the enforcement of any criminal law against it.

12023–2023
People v. Soojian green
calctapp · 2010
1 sentence

2022In Soojian, the jury convicted the defendant on charges of attempted murder and robbery and, during the trial, the defendant introduced evidence implicating his cousin as the actual perpetrator. ( Soojian, supra, 190 Cal.App.4th at pp. 494-504.) Posttrial, the defendant discovered additional evidence showing that his cousin was the person who 20 committed the offenses.

12022–2022
People v. Callahan green
calctapp · 1999
1 sentence

2014People v. Callahan (1999) 74 Cal.App.4th 356 , 360 is similarly inapplicable.

12014–2014

Statutes the citing opinions construe

CA § Cal. Evidence Code § 452 (3) CA § Cal. Penal Code § 1203.067 (3) CA § Cal. Penal Code § 290.03 (3) CA § Cal. Penal Code § 290.09 (3) CA § Cal. Penal Code § 3008 (3) CA § Cal. Penal Code § 9003 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

CA 9 (1959–2024) PA 6 (1944–2025) TX 5 (2011–2018) NY 3 (1905–2024) MA 3 (1914–2006) WV 2 (1994–2021) NM 2 (1999–2003) IL 2 (1983–1986) MO 2 (1991–2020) RI 2 (2006–2008)

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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