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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.
| Case | Followed | Cited |
|---|---|---|
People v. Redmondgreen2 sentences1974(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 | 1 | 1 |
Scala v. Jerry Witt & Sons, Inc.green2 sentences1971In 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. | 1 | 1 |
Employers Mutual Liability Insurance v. Pacific Indemnity Co.green2 sentences1966Co., 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 | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in California. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Mandel v. Myers
green
2 sentences1986In 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. | 2 | 1986–1986 |
Comedy III Productions, Inc. v. Gary Saderup, Inc.
green
2 sentences2002The 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? | 1 | 2002–2002 |
Pitchess v. Superior Court
red
2 sentences1996Failure 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. | 1 | 1996–1996 |
People v. Gaines
green
2 sentences1974(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 | 1 | 1974–1974 |
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.