6 California opinions name it 2 courts 1993–2026 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.
| Case | Followed | Cited |
|---|---|---|
Gayer v. Polk Gulch, Inc.green2 sentences2026In the prior small claims action, plaintiff alleged the defendant, a gay bar, had discriminated against him in violation of the Unruh Act because he was gay. ( Gayer, supra, at p. 518, fn. 2 .) The First District (1) concluded that membership in a protected class is a requirement for protection under the Unruh Act and (2) rejected plaintiff’s 33. argument that he was a member of a class of civil rights litigants. ( Gayer, supra, at pp. 522, 525 .) The court addressed the first prong of the Harris framework by stating the bar’s discrimination against the plaintiff “is neither based on status as 2026In the prior small claims action, plaintiff alleged the defendant, a gay bar, had discriminated against him in violation of the Unruh Act because he was gay. ( Gayer, supra, at p. 518, fn. 2 .) The First District (1) concluded that membership in a protected class is a requirement for protection under the Unruh Act and (2) rejected plaintiff’s 33. argument that he was a member of a class of civil rights litigants. ( Gayer, supra, at pp. 522, 525 .) The court addressed the first prong of the Harris framework by stating the bar’s discrimination against the plaintiff “is neither based on status as | 2 | 2 |
People v. Barnesgreen2 sentences1994(People v. Barnes (1986) 42 Cal.3d 284, 303-304 [ 228 Cal.Rptr. 228 , 721 P.2d 110 ].) About 7 p.m. on September 28, 1992, Robert Rosen, the victim, went to Hunter’s, a gay bar in West Hollywood. 1994(People v. Barnes (1986) 42 Cal.3d 284, 303-304 [ 228 Cal.Rptr. 228 , 721 P.2d 110 ].) About 7 p.m. on September 28, 1992, Robert Rosen, the victim, went to Hunter’s, a gay bar in West Hollywood. | 1 | 1 |
People v. Clarkgreen2 sentences1993Although the court need not permit such questioning at that stage of the voir dire, a juror's attitude toward the case is not, as Gay asserts, irrelevant to a challenge for cause. ( People v. Pinholster (1992) 1 Cal.4th 865, 916-917 [ 4 Cal. Rptr.2d 765 , 824 P.2d 571 ]; People v. Clark (1990) 50 Cal.3d 583, 597 [ 268 Cal. Rptr. 399 , 789 P.2d 127 ].) D. 1993Although the court need not permit such questioning at that stage of the voir dire, a juror's attitude toward the case is not, as Gay asserts, irrelevant to a challenge for cause. ( People v. Pinholster (1992) 1 Cal.4th 865, 916-917 [ 4 Cal. Rptr.2d 765 , 824 P.2d 571 ]; People v. Clark (1990) 50 Cal.3d 583, 597 [ 268 Cal. Rptr. 399 , 789 P.2d 127 ].) D. | 1 | 1 |
People v. Fierrogreen2 sentences1993It may be true, as Gay now argues, that the motion was made as soon as he became aware of Shinn's "deception." Timeliness under People v. Windham, supra, 19 Cal.3d 121 , is measured with respect to the time trial commences, however. ( People v. Burton, supra, 48 Cal.3d 843, 853 ; cf. People v. Fierro (1991) 1 Cal.4th 173, 204-205 [ 3 Cal. Rptr.2d 426 , 821 P.2d 1302 ]; People v. Marsden, supra, 2 Cal.3d 118 .) Although no evidence had been presented when Gay made his motion, the trial had commenced. 1993It may be true, as Gay now argues, that the motion was made as soon as he became aware of Shinn's "deception." Timeliness under People v. Windham, supra, 19 Cal.3d 121 , is measured with respect to the time trial commences, however. ( People v. Burton, supra, 48 Cal.3d 843, 853 ; cf. People v. Fierro (1991) 1 Cal.4th 173, 204-205 [ 3 Cal. Rptr.2d 426 , 821 P.2d 1302 ]; People v. Marsden, supra, 2 Cal.3d 118 .) Although no evidence had been presented when Gay made his motion, the trial had commenced. | 1 | 1 |
People v. Pinholstergreen2 sentences1993Although the court need not permit such questioning at that stage of the voir dire, a juror's attitude toward the case is not, as Gay asserts, irrelevant to a challenge for cause. ( People v. Pinholster (1992) 1 Cal.4th 865, 916-917 [ 4 Cal. Rptr.2d 765 , 824 P.2d 571 ]; People v. Clark (1990) 50 Cal.3d 583, 597 [ 268 Cal. Rptr. 399 , 789 P.2d 127 ].) D. 1993Although the court need not permit such questioning at that stage of the voir dire, a juror's attitude toward the case is not, as Gay asserts, irrelevant to a challenge for cause. ( People v. Pinholster (1992) 1 Cal.4th 865, 916-917 [ 4 Cal. Rptr.2d 765 , 824 P.2d 571 ]; People v. Clark (1990) 50 Cal.3d 583, 597 [ 268 Cal. Rptr. 399 , 789 P.2d 127 ].) D. | 1 | 1 |
People v. Hamiltongreen2 sentences1993Having established a record based on such relevant considerations, the court should then exercise its discretion and rule on the defendant’s request.” (People v. Windham, supra, 19 Cal.3d 121, 127-129 ; see also People v. Hamilton (1988) 45 Cal.3d 351, 368-369 [ 247 Cal.Rptr. 31 , 753 P.2d 1109 ].) Gay’s motion was not timely. 1993Having established a record based on such relevant considerations, the court should then exercise its discretion and rule on the defendant’s request.” (People v. Windham, supra, 19 Cal.3d 121, 127-129 ; see also People v. Hamilton (1988) 45 Cal.3d 351, 368-369 [ 247 Cal.Rptr. 31 , 753 P.2d 1109 ].) Gay’s motion was not timely. | 1 | 1 |
People v. Friersongreen2 sentences1993The court was not obliged to ask if he desired appointment of different counsel or to treat the request as one made pursuant to People v. Marsden, supra, 2 Cal.3d 118 . ( People v. Frierson (1991) 53 Cal.3d 730, 741 [ 280 Cal. Rptr. 440 , 808 P.2d 1197 ].) The court's reference to a possible conflict between attorney and client suggests that Shinn's mention of conflict persuaded the court that a Marsden hearing should be held in addition to consideration of Gay's request for self-representation. [61] As additional support for his assertion that he was receiving ineffective representation he no 1993The court was not obliged to ask if he desired appointment of different counsel or to treat the request as one made pursuant to People v. Marsden, supra, 2 Cal.3d 118 . ( People v. Frierson (1991) 53 Cal.3d 730, 741 [ 280 Cal. Rptr. 440 , 808 P.2d 1197 ].) The court's reference to a possible conflict between attorney and client suggests that Shinn's mention of conflict persuaded the court that a Marsden hearing should be held in addition to consideration of Gay's request for self-representation. [61] As additional support for his assertion that he was receiving ineffective representation he no | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in California. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Koebke v. Bernardo Heights Country Club
green
2 sentences2026In the prior small claims action, plaintiff alleged the defendant, a gay bar, had discriminated against him in violation of the Unruh Act because he was gay. ( Gayer, supra, at p. 518, fn. 2 .) The First District (1) concluded that membership in a protected class is a requirement for protection under the Unruh Act and (2) rejected plaintiff’s 33. argument that he was a member of a class of civil rights litigants. ( Gayer, supra, at pp. 522, 525 .) The court addressed the first prong of the Harris framework by stating the bar’s discrimination against the plaintiff “is neither based on status as 2026In the prior small claims action, plaintiff alleged the defendant, a gay bar, had discriminated against him in violation of the Unruh Act because he was gay. ( Gayer, supra, at p. 518, fn. 2 .) The First District (1) concluded that membership in a protected class is a requirement for protection under the Unruh Act and (2) rejected plaintiff’s 33. argument that he was a member of a class of civil rights litigants. ( Gayer, supra, at pp. 522, 525 .) The court addressed the first prong of the Harris framework by stating the bar’s discrimination against the plaintiff “is neither based on status as | 2 | 2026–2026 |
People v. Cummings
green
2 sentences2022(Cummings, supra, 4 Cal.4th at p. 1306 , overruled on this ground by Merritt, supra, 2 Cal.5th at pp. 828–831.) In the event of retrial, the court offered guidance on the propriety of admitting evidence of Robin’s conviction and Raynard Cummings’s guilty plea ( Cummings, supra, at p. 1321 ), explaining, “The trial court ruled that evidence of Cummings’s guilty pleas was admissible because it corroborated Pamela’s testimony regarding the robberies and the conspiracy. 2022(Cummings, supra, 4 Cal.4th at p. 1306 , overruled on this ground by Merritt, supra, 2 Cal.5th at pp. 828–831.) In the event of retrial, the court offered guidance on the propriety of admitting evidence of Robin’s conviction and Raynard Cummings’s guilty plea ( Cummings, supra, at p. 1321 ), explaining, “The trial court ruled that evidence of Cummings’s guilty pleas was admissible because it corroborated Pamela’s testimony regarding the robberies and the conspiracy. | 1 | 2022–2022 |
People v. Merritt
green
1 sentence2022(Cummings, supra, 4 Cal.4th at p. 1306 , overruled on this ground by Merritt, supra, 2 Cal.5th at pp. 828–831.) In the event of retrial, the court offered guidance on the propriety of admitting evidence of Robin’s conviction and Raynard Cummings’s guilty plea ( Cummings, supra, at p. 1321 ), explaining, “The trial court ruled that evidence of Cummings’s guilty pleas was admissible because it corroborated Pamela’s testimony regarding the robberies and the conspiracy. | 1 | 2022–2022 |
People v. Rodriguez
green
1 sentence2021He cites a recent California Supreme Court decision that held “the prosecutor’s arguments that the officers would not lie because each would not put his ‘entire career on the line’ or ‘at risk’ constitute impermissible vouching.” (People v. Rodriguez (2020) 9 Cal.5th 474, 481 .) The rationale is that “[t]he prosecutor’s career-related arguments ‘convey the impression that evidence not presented to the jury, but known to the prosecutor, supports the charges against the defendant and can thus jeopardize the defendant’s right to be tried solely on the basis of the evidence presented to the jury.’ | 1 | 2021–2021 |
People v. Burton
green
1 sentence1993It may be true, as Gay now argues, that the motion was made as soon as he became aware of Shinn's "deception." Timeliness under People v. Windham, supra, 19 Cal.3d 121 , is measured with respect to the time trial commences, however. ( People v. Burton, supra, 48 Cal.3d 843, 853 ; cf. People v. Fierro (1991) 1 Cal.4th 173, 204-205 [ 3 Cal. Rptr.2d 426 , 821 P.2d 1302 ]; People v. Marsden, supra, 2 Cal.3d 118 .) Although no evidence had been presented when Gay made his motion, the trial had commenced. | 1 | 1993–1993 |
People v. Marsden
green
2 sentences1993It may be true, as Gay now argues, that the motion was made as soon as he became aware of Shinn's "deception." Timeliness under People v. Windham, supra, 19 Cal.3d 121 , is measured with respect to the time trial commences, however. ( People v. Burton, supra, 48 Cal.3d 843, 853 ; cf. People v. Fierro (1991) 1 Cal.4th 173, 204-205 [ 3 Cal. Rptr.2d 426 , 821 P.2d 1302 ]; People v. Marsden, supra, 2 Cal.3d 118 .) Although no evidence had been presented when Gay made his motion, the trial had commenced. 1993The court was not obliged to ask if he desired appointment of different counsel or to treat the request as one made pursuant to People v. Marsden, supra, 2 Cal.3d 118 . | 1 | 1993–1993 |
People v. Windham
green
2 sentences1993Having established a record based on such relevant considerations, the court should then exercise its discretion and rule on the defendant's request." ( People v. Windham, supra, 19 Cal.3d 121, 127-129 ; see also People v. Hamilton (1988) 45 Cal.3d 351, 368-369 [ 247 Cal. Rptr. 31 , 753 P.2d 1109 ].) (41b) Gay's motion was not timely. 1993Having established a record based on such relevant considerations, the court should then exercise its discretion and rule on the defendant’s request.” (People v. Windham, supra, 19 Cal.3d 121, 127-129 ; see also People v. Hamilton (1988) 45 Cal.3d 351, 368-369 [ 247 Cal.Rptr. 31 , 753 P.2d 1109 ].) Gay’s motion was not timely. | 1 | 1993–1993 |
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.