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6 California opinions name it 2 courts 1855–1999 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 |
|---|---|---|
Hill v. National Collegiate Athletic Assn.green2 sentences1999(See Hill v. National Collegiate Athletic Assn. (1994) 7 Cal.4th 1, 56-57 [ 26 Cal.Rptr.2d 834 , 865 P.2d 633 ].) 6 Section 631, subdivision (a), of the Code of Civil Procedure lists the ways in which a jury trial can be waived, including the filing of a written consent with the court, the making of an oral statement in open court which is entered in the minutes or docket, the failure to appear at trial, the failure to announce in a timely manner that a jury is required, and the failure to make a timely deposit of jury fees. 7 Inherent in an arbitration agreement is a waiver of trial by jury—a 1999(See Hill v. National Collegiate Athletic Assn. (1994) 7 Cal.4th 1, 56-57 [ 26 Cal.Rptr.2d 834 , 865 P.2d 633 ].) 6 Section 631, subdivision (a), of the Code of Civil Procedure lists the ways in which a jury trial can be waived, including the filing of a written consent with the court, the making of an oral statement in open court which is entered in the minutes or docket, the failure to appear at trial, the failure to announce in a timely manner that a jury is required, and the failure to make a timely deposit of jury fees. 7 Inherent in an arbitration agreement is a waiver of trial by jury—a | 1 | 1 |
Winans v. Hustongreen1 sentence1855See 7 Harris & Johns , 92. 1 Halsted, 429. 8 Pick, 229. 6 Wendell, 471 . 2 Blackf., 119 . | 1 | 1 |
Modisett v. Lindleygreen1 sentence1855See 7 Harris & Johns , 92. 1 Halsted, 429. 8 Pick, 229. 6 Wendell, 471 . 2 Blackf., 119 . | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in California. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Guinn v. Dotson
green
2 sentences1994Maybe not, but the covenant clause provided: “Each party shall forever refrain . . . from commencing [a] lawsuit. . . against any other Party, their agents or attorneys, . . . arising out of the Subject Action and all related matters. . . .” (Italics added.) 3 The court in Guinn v. Dotson (1994) 23 Cal.App.4th 262 [ 28 Cal.Rptr.2d 409 ] discussed section 411.35, but did not reach the issue determined here. 1994Maybe not, but the covenant clause provided: “Each party shall forever refrain . . . from commencing [a] lawsuit. . . against any other Party, their agents or attorneys, . . . arising out of the Subject Action and all related matters. . . .” (Italics added.) 3 The court in Guinn v. Dotson (1994) 23 Cal.App.4th 262 [ 28 Cal.Rptr.2d 409 ] discussed section 411.35, but did not reach the issue determined here. | 1 | 1994–1994 |
Dow v. Tuttle
neutral
1 sentence1971The agreement relied on is, in effect, a covenant not to sue, as to which it is settled that it does not suspend or affect in any way the covenantor’s right to sue, but that the covenantee’s sole remedy is either to plead the covenant as a defense or to sue for damages for its breach. (45 Am.Jur., Release (1943) § 3, p. 676; Dow v. Tuttle (1808) 4 Mass. 414 .) Thus it may be that defendant has a good defense to plaintiff’s suit and that he may have a good cause of action for a cross-complaint (a matter which, as we said above, we do not here determine); but he may not, by a motion, to quash, e | 1 | 1971–1971 |
Niccolls v. Rice
green
1 sentence1934(Heath v. Manson, 147 Cal. 694 [ 82 Pac. 331 ].) Nor would a covenant not to sue bar another action for “ ‘in such case the covenant does not operate as a release of either the covenantee or the other tort-feasors, but the former must resort to his suit for breach of covenant and the latter cannot invoke the covenant as a bar to the action against them’ ”. | 1 | 1934–1934 |
Heath v. Manson
green
1 sentence1934(Heath v. Manson, 147 Cal. 694 [ 82 Pac. 331 ].) Nor would a covenant not to sue bar another action for “ ‘in such case the covenant does not operate as a release of either the covenantee or the other tort-feasors, but the former must resort to his suit for breach of covenant and the latter cannot invoke the covenant as a bar to the action against them’ ”. | 1 | 1934–1934 |
Berger v. Lane
green
1 sentence1934(Hawber v. Raley, supra.) The rule governing construction of the evidence on a motion for nonsuit is stated in Berger v. Lane, 190 Cal. 443 [ 213 Pac. 45 ], as follows: “Every favorable inference fairly deducible and every favorable presumption fairly arising from the evidence adduced must be considered as facts proved in favor of the plaintiffs. | 1 | 1934–1934 |
California Packing Corp. v. Emirzian
neutral
2 sentences1921(California Packing Co. v. Emirzian, 45 Cal. App. 236 , [ 187 Pac. 77 ].) And the determination of this last point is really the extent of our inquiry, *256 since the appellant concedes that respondent Adelsbach should not be bound. 1921(California Packing Co. v. Emirzian, 45 Cal. App. 236 , [ 187 Pac. 77 ].) And the determination of this last point is really the extent of our inquiry, *256 since the appellant concedes that respondent Adelsbach should not be bound. | 1 | 1921–1921 |
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.