subsidiary claim (California) · Go Syfert
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subsidiary claim in California

7 California opinions name it 2 courts 1966–2002 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
People v. Redmondgreen
calctapp · 1971 · cited in 1 California opinions naming this issue, 1974–1974
2 sentences

1974(Cf. People v. Redmond, 16 Cal. App.3d 931, 937-938 [ 94 Cal. Rptr. 543 ].) The plea, however, was entered by his attorney at the outset of the proceedings of June 13, 1973, as follows: "I believe, your Honor, also that a not guilty by reason of insanity plea has been entered at sometime during the proceedings; however, if the record does not so reflect, such a plea will be entered at this time." [6] In People v. Gaines, 58 Cal.2d 630 [ 25 Cal. Rptr. 448 , 375 P.2d 296 ], the Supreme Court, while holding in a four to three decision that a plea of not guilty by reason of insanity could be withd

1974(Cf. People v. Redmond, 16 Cal. App.3d 931, 937-938 [ 94 Cal. Rptr. 543 ].) The plea, however, was entered by his attorney at the outset of the proceedings of June 13, 1973, as follows: "I believe, your Honor, also that a not guilty by reason of insanity plea has been entered at sometime during the proceedings; however, if the record does not so reflect, such a plea will be entered at this time." [6] In People v. Gaines, 58 Cal.2d 630 [ 25 Cal. Rptr. 448 , 375 P.2d 296 ], the Supreme Court, while holding in a four to three decision that a plea of not guilty by reason of insanity could be withd

11
Scala v. Jerry Witt & Sons, Inc.green
cal · 1970 · cited in 1 California opinions naming this issue, 1971–1971
2 sentences

1971In this latter regard, he cites Scala v. Jerry Witt & Sons, Inc., 3 Cal.3d 359, 370 [ 90 Cal.Rptr. 592 , 475 P.2d 864 ], which assertedly stands for the rule that more is expected of a trial court carrying out the mandate of section 657 than was done here.

1971In this latter regard, he cites Scala v. Jerry Witt & Sons, Inc., 3 Cal.3d 359, 370 [ 90 Cal.Rptr. 592 , 475 P.2d 864 ], which assertedly stands for the rule that more is expected of a trial court carrying out the mandate of section 657 than was done here.

11
Employers Mutual Liability Insurance v. Pacific Indemnity Co.green
calctapp · 1959 · cited in 1 California opinions naming this issue, 1966–1966
2 sentences

1966Co., 167 Cal.App.2d 369, 379-380 [ 334 P.2d 658 ].) Accordingly, Transport may not validly argue, as it does, that “Equitable principles of subrogation would never allow Hartford to recover or recoup against Hendrix for a settlement made in behalf of Cutting Edge, where there was not even an allegation of negligence on the part of Hendrix.” In view of the above discussion, it becomes unnecessary to consider the subsidiary claim (briefly asserted) that the Berman complaint stated a cause of action only for concurring negligence between several joint tortfeasors, to wit, Cutting Edge and the nam

1966Co., 167 Cal.App.2d 369, 379-380 [ 334 P.2d 658 ].) Accordingly, Transport may not validly argue, as it does, that “Equitable principles of subrogation would never allow Hartford to recover or recoup against Hendrix for a settlement made in behalf of Cutting Edge, where there was not even an allegation of negligence on the part of Hendrix.” In view of the above discussion, it becomes unnecessary to consider the subsidiary claim (briefly asserted) that the Berman complaint stated a cause of action only for concurring negligence between several joint tortfeasors, to wit, Cutting Edge and the nam

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
Mandel v. Myers green
cal · 1981
2 sentences

1986In Mandel v. Myers (1981) 29 Cal.3d 531 [ 174 Cal.Rptr. 841 , 629 P.2d 935 ], plaintiff Mandel had obtained a judgment against various state agencies and officers.

1986In Mandel v. Myers (1981) 29 Cal.3d 531 [ 174 Cal.Rptr. 841 , 629 P.2d 935 ], plaintiff Mandel had obtained a judgment against various state agencies and officers.

21986–1986
Comedy III Productions, Inc. v. Gary Saderup, Inc. green
cal · 2001
2 sentences

2002The inquiry is in a sense more quantitative than qualitative, asking whether the literal and imitative or the creative elements predominate in the work." ( Comedy III, supra, 25 Cal.4th at pp. 406-407, 106 Cal. Rptr.2d 126 , 21 P.3d 797 , fn. omitted.) *441 "Furthermore, in determining whether a work is sufficiently transformative, courts may find useful a subsidiary inquiry, particularly in close cases: does the marketability and economic value of the challenged work derive primarily from the fame of the celebrity depicted?

2002The inquiry is in a sense more quantitative than qualitative, asking whether the literal and imitative or the creative elements predominate in the work." ( Comedy III, supra, 25 Cal.4th at pp. 406-407, 106 Cal. Rptr.2d 126 , 21 P.3d 797 , fn. omitted.) *441 "Furthermore, in determining whether a work is sufficiently transformative, courts may find useful a subsidiary inquiry, particularly in close cases: does the marketability and economic value of the challenged work derive primarily from the fame of the celebrity depicted?

12002–2002
Pitchess v. Superior Court red
cal · 1974
2 sentences

1996Failure to Make a Pitchess Motion (16) As a subsidiary claim, petitioner alleges that Part was constitutionally ineffective for failing to make a Pitchess motion ( Pitchess v. Superior Court (1974) 11 Cal.3d 531 [ 113 Cal. Rptr. 897 , 522 P.2d 305 ]) to challenge Officer Pickens, who petitioner claims beat him during the interrogation.

1996Failure to Make a Pitchess Motion (16) As a subsidiary claim, petitioner alleges that Part was constitutionally ineffective for failing to make a Pitchess motion ( Pitchess v. Superior Court (1974) 11 Cal.3d 531 [ 113 Cal. Rptr. 897 , 522 P.2d 305 ]) to challenge Officer Pickens, who petitioner claims beat him during the interrogation.

11996–1996
People v. Gaines green
cal · 1962
2 sentences

1974(Cf. People v. Redmond, 16 Cal. App.3d 931, 937-938 [ 94 Cal. Rptr. 543 ].) The plea, however, was entered by his attorney at the outset of the proceedings of June 13, 1973, as follows: "I believe, your Honor, also that a not guilty by reason of insanity plea has been entered at sometime during the proceedings; however, if the record does not so reflect, such a plea will be entered at this time." [6] In People v. Gaines, 58 Cal.2d 630 [ 25 Cal. Rptr. 448 , 375 P.2d 296 ], the Supreme Court, while holding in a four to three decision that a plea of not guilty by reason of insanity could be withd

1974(Cf. People v. Redmond, 16 Cal. App.3d 931, 937-938 [ 94 Cal. Rptr. 543 ].) The plea, however, was entered by his attorney at the outset of the proceedings of June 13, 1973, as follows: "I believe, your Honor, also that a not guilty by reason of insanity plea has been entered at sometime during the proceedings; however, if the record does not so reflect, such a plea will be entered at this time." [6] In People v. Gaines, 58 Cal.2d 630 [ 25 Cal. Rptr. 448 , 375 P.2d 296 ], the Supreme Court, while holding in a four to three decision that a plea of not guilty by reason of insanity could be withd

11974–1974

Where else courts name it

KY 11 (1934–2019) TX 8 (1948–2021) CA 7 (1966–2002) NJ 3 (1955–1990) MO 3 (1988–1993) MS 3 (1986–1995) DE 2 (1996–2014) WI 2 (1970–2008) VA 2 (2018–2018) RI 2 (1990–1998) PA 2 (1976–1985)

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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