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6 California opinions name it 1 courts 1995–2022 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.
| Case | Followed | Cited |
|---|---|---|
Kardly v. State Farm Mutual Automobile Insurancegreen2 sentences2022Co. (1995) 31 Cal.App.4th 1746 , 1748 fn. 1 [“A respondent who fails to file a cross-appeal cannot urge error on appeal.”].) We also reject plaintiffs’ primary argument that the trial court failed to apply the lodestar method to determine their fee award. 2014Co. (1995) 31 Cal.App.4th 1746, 1749, fn. 1 ["A respondent who fails to file a cross-appeal cannot urge error on appeal."].) Dillon contends, and we agree, the trial court erred when it dissolved the partnership without complying with the Corporations Code. | 3 | 4 |
California State Employees' Ass'n v. State Personnel Boardgreen2 sentences2021(California State Employees’ Assn. v. State Personnel Bd. (1986) 178 Cal.App.3d 372, 382, fn. 7 .) We thus do not consider the Irrigation Company’s evidentiary objections to Dow’s declaration in this appeal. 10 Communities for a Better Environment v. State Water Resources Control Bd. (2003) 109 Cal.App.4th 1089, 1103-1104 .) The watermaster argues “this Court should apply a standard of review in which it considers whether the 1940 Decree can be reasonably understood in the manner in which it was interpreted by the superior court and by [the watermaster],” placing the burden of proving error on 1995(California State Employees’ Assn. v. State Personnel Bd. (1986) 178 Cal.App.3d 372, 382, fn. 7 [ 223 Cal.Rptr. 826 ].) 2 This instruction stated: “The duty of good faith and fair dealing may be violated without any intent to harm the insured.” 3 The proposed instruction read in pertinent part: “Before an insurer can be found to have breached its obligation to deal fairly and act in good faith by refusing to pay policy benefits, it must have done so without proper cause. [H A mistaken withholding of benefits under circumstances where the policyholder has contributed to the mistake may be a pro | 2 | 2 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in California. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Driskill v. Thompson
green
2 sentences2014A partnership may be dissolved where "[i]t is not otherwise reasonably practicable to carry on the partnership business." (§ 16801, subd. (5)(C).) When a partnership is dissolved and its business wound up, the assets go first to pay the creditors, including partners who are creditors, and any surplus assets are generally liquidated and distributed to its members. (§ 16807, subds. (a), (b).) Generally, "until the affairs of a partnership are wound up, the claim of a partner is equitable and can only be enforced in an accounting action, and that no personal judgment can be entered in such an act 2014A partnership may be dissolved where "[i]t is not otherwise reasonably practicable to carry on the partnership business." (§ 16801, subd. (5)(C).) When a partnership is dissolved and its business wound up, the assets go first to pay the creditors, including partners who are creditors, and any surplus assets are generally liquidated and distributed to its members. (§ 16807, subds. (a), (b).) Generally, "until the affairs of a partnership are wound up, the claim of a partner is equitable and can only be enforced in an accounting action, and that no personal judgment can be entered in such an act | 2 | 2014–2014 |
Robertson v. Fleetwood Travel Trailers of California, Inc.
green
1 sentence2022We agree the lodestar method applies to CLRA fee awards and “requires the trial court to first determine a touchstone or lodestar figure based on a careful compilation of the actual time spent and reasonable hourly compensation for each attorney.” (Robertson v. Fleetwood Travel Trailers of California, 5 Inc. (2006) 144 Cal.App.4th 785, 818-819 .) The trial court here found that plaintiffs’ counsel reasonably spent five hours on the case and deserved an hourly rate of $385 for a total of $1,925 in attorney’s fees. | 1 | 2022–2022 |
Communities for a Better Environment v. State Water Resources Control Board
green
1 sentence2021(California State Employees’ Assn. v. State Personnel Bd. (1986) 178 Cal.App.3d 372, 382, fn. 7 .) We thus do not consider the Irrigation Company’s evidentiary objections to Dow’s declaration in this appeal. 10 Communities for a Better Environment v. State Water Resources Control Bd. (2003) 109 Cal.App.4th 1089, 1103-1104 .) The watermaster argues “this Court should apply a standard of review in which it considers whether the 1940 Decree can be reasonably understood in the manner in which it was interpreted by the superior court and by [the watermaster],” placing the burden of proving error on | 1 | 2021–2021 |