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6 California opinions name it 3 courts 1943–2018 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. Stanleygreen2 sentences2006The unjust decision exception does not apply when there is a mere disagreement with the prior appellate determination.” (People v. Stanley (1995) 10 Cal.4th 764, 786-787 [ 42 Cal.Rptr.2d 543 , 897 P.2d 481 ] (Stanley).) A mistaken ruling is not enough to avoid the doctrine: “Indeed, it is only when the former rule is deemed erroneous that the doctrine of the law of the case becomes at all important.” (Tally v. Ganahl (1907) 151 Cal. 418, 421 [ 90 P. 1049 ]; quoted with approval in Morohoshi v. Pacific Home (2004) 34 Cal.4th 482, 491 [ 20 Cal.Rptr.3d 890 , 100 P.3d 433 ].) But for purposes of a 2006The unjust decision exception does not apply when there is a mere disagreement with the prior appellate determination.” (People v. Stanley (1995) 10 Cal.4th 764, 786-787 [ 42 Cal.Rptr.2d 543 , 897 P.2d 481 ] (Stanley).) A mistaken ruling is not enough to avoid the doctrine: “Indeed, it is only when the former rule is deemed erroneous that the doctrine of the law of the case becomes at all important.” (Tally v. Ganahl (1907) 151 Cal. 418, 421 [ 90 P. 1049 ]; quoted with approval in Morohoshi v. Pacific Home (2004) 34 Cal.4th 482, 491 [ 20 Cal.Rptr.3d 890 , 100 P.3d 433 ].) But for purposes of a | 2 | 2 |
Tally v. Ganahlgreen2 sentences2006The unjust decision exception does not apply when there is a mere disagreement with the prior appellate determination.” (People v. Stanley (1995) 10 Cal.4th 764, 786-787 [ 42 Cal.Rptr.2d 543 , 897 P.2d 481 ] (Stanley).) A mistaken ruling is not enough to avoid the doctrine: “Indeed, it is only when the former rule is deemed erroneous that the doctrine of the law of the case becomes at all important.” (Tally v. Ganahl (1907) 151 Cal. 418, 421 [ 90 P. 1049 ]; quoted with approval in Morohoshi v. Pacific Home (2004) 34 Cal.4th 482, 491 [ 20 Cal.Rptr.3d 890 , 100 P.3d 433 ].) But for purposes of a 2006The unjust decision exception does not apply when there is a mere disagreement with the prior appellate determination.” (People v. Stanley (1995) 10 Cal.4th 764, 786-787 [ 42 Cal.Rptr.2d 543 , 897 P.2d 481 ] (Stanley).) A mistaken ruling is not enough to avoid the doctrine: “Indeed, it is only when the former rule is deemed erroneous that the doctrine of the law of the case becomes at all important.” (Tally v. Ganahl (1907) 151 Cal. 418, 421 [ 90 P. 1049 ]; quoted with approval in Morohoshi v. Pacific Home (2004) 34 Cal.4th 482, 491 [ 20 Cal.Rptr.3d 890 , 100 P.3d 433 ].) But for purposes of a | 2 | 2 |
Morohoshi v. Pacific Homegreen2 sentences2018Co. (1983) 34 Cal.3d 49 , 57, 192 Cal.Rptr. 857 , 665 P.2d 947 .) In Morohoshi v. Pacific Home (2004) 34 Cal.4th 482 , 20 Cal.Rptr.3d 890 , 100 P.3d 433 ( Morohoshi ), the Supreme Court outlined the "unjust decision" exception to the law-of-the case doctrine as follows: "The law of the case doctrine applies to [the Supreme Court] even though the previous appeal was before the Court of Appeal, and it applies even though this court may conclude the previous Court of Appeal opinion was erroneous. [Citation.] 'Indeed, it is only when the former rule is deemed erroneous that the doctrine of the law 2018Co. (1983) 34 Cal.3d 49 , 57, 192 Cal.Rptr. 857 , 665 P.2d 947 .) In Morohoshi v. Pacific Home (2004) 34 Cal.4th 482 , 20 Cal.Rptr.3d 890 , 100 P.3d 433 ( Morohoshi ), the Supreme Court outlined the "unjust decision" exception to the law-of-the case doctrine as follows: "The law of the case doctrine applies to [the Supreme Court] even though the previous appeal was before the Court of Appeal, and it applies even though this court may conclude the previous Court of Appeal opinion was erroneous. [Citation.] 'Indeed, it is only when the former rule is deemed erroneous that the doctrine of the law | 1 | 3 |
Clemente v. State of Californiagreen2 sentences2004(Clemente v. State of California (1985) 40 Cal.3d 202, 212 [ 219 Cal.Rptr. 445 , 707 P.2d 818 ].) Accordingly, we have declined to adhere to it where its application would result in an unjust decision, e.g., where there has been a manifest misapplication of existing principles resulting in substantial *492 injustice, or where the controlling rules of law have been altered or clarified by a decision intervening between the first and second appellate determinations. 2004(Clemente v. State of California (1985) 40 Cal.3d 202, 212 [ 219 Cal.Rptr. 445 , 707 P.2d 818 ].) Accordingly, we have declined to adhere to it where its application would result in an unjust decision, e.g., where there has been a manifest misapplication of existing principles resulting in substantial *492 injustice, or where the controlling rules of law have been altered or clarified by a decision intervening between the first and second appellate determinations. | 1 | 1 |
Sontag Chain Stores Co. v. Superior Courtgreen2 sentences1943Indeed, it is when the former rule is deemed erroneous that the doctrine of the law of the case becomes most important.” (2 Cal. Jur. 956, sec. 561 and authorities there cited.) As was so aptly stated in the case of Sontag Chain Stores Co. v. Superior Court, 18 Cal.2d 92, 94 [ 113 P.2d 689 ]: “It is well settled that a final judgment of a court of competent jurisdiction may not be impeached collaterally for mere errors or irregularities committed by the court in the exercise of its jurisdiction or in the course of the proceedings, even though the error is one of law and appears on the face of 1943Indeed, it is when the former rule is deemed erroneous that the doctrine of the law of the case becomes most important.” (2 Cal. Jur. 956, sec. 561 and authorities there cited.) As was so aptly stated in the case of Sontag Chain Stores Co. v. Superior Court, 18 Cal.2d 92, 94 [ 113 P.2d 689 ]: “It is well settled that a final judgment of a court of competent jurisdiction may not be impeached collaterally for mere errors or irregularities committed by the court in the exercise of its jurisdiction or in the course of the proceedings, even though the error is one of law and appears on the face of | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in California. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Bigbee v. Pacific Telephone & Telegraph Co.
green
2 sentences2018Co. (1983) 34 Cal.3d 49 , 57, 192 Cal.Rptr. 857 , 665 P.2d 947 .) In Morohoshi v. Pacific Home (2004) 34 Cal.4th 482 , 20 Cal.Rptr.3d 890 , 100 P.3d 433 ( Morohoshi ), the Supreme Court outlined the "unjust decision" exception to the law-of-the case doctrine as follows: "The law of the case doctrine applies to [the Supreme Court] even though the previous appeal was before the Court of Appeal, and it applies even though this court may conclude the previous Court of Appeal opinion was erroneous. [Citation.] 'Indeed, it is only when the former rule is deemed erroneous that the doctrine of the law 2018Co. (1983) 34 Cal.3d 49 , 57, 192 Cal.Rptr. 857 , 665 P.2d 947 .) In Morohoshi v. Pacific Home (2004) 34 Cal.4th 482 , 20 Cal.Rptr.3d 890 , 100 P.3d 433 ( Morohoshi ), the Supreme Court outlined the "unjust decision" exception to the law-of-the case doctrine as follows: "The law of the case doctrine applies to [the Supreme Court] even though the previous appeal was before the Court of Appeal, and it applies even though this court may conclude the previous Court of Appeal opinion was erroneous. [Citation.] 'Indeed, it is only when the former rule is deemed erroneous that the doctrine of the law | 2 | 2018–2018 |
People v. Black
red
2 sentences2006The unjust decision exception does not apply when there is a mere disagreement with the prior appellate determination.” (People v. Stanley (1995) 10 Cal.4th 764, 786-787 [ 42 Cal.Rptr.2d 543 , 897 P.2d 481 ] (Stanley).) A mistaken ruling is not enough to avoid the doctrine: “Indeed, it is only when the former rule is deemed erroneous that the doctrine of the law of the case becomes at all important.” (Tally v. Ganahl (1907) 151 Cal. 418, 421 [ 90 P. 1049 ]; quoted with approval in Morohoshi v. Pacific Home (2004) 34 Cal.4th 482, 491 [ 20 Cal.Rptr.3d 890 , 100 P.3d 433 ].) But for purposes of a 2006The unjust decision exception does not apply when there is a mere disagreement with the prior appellate determination." ( People v. Stanley (1995) 10 Cal.4th 764, 786-787 , 42 Cal.Rptr.2d 543 , 897 P.2d 481 ( Stanley ).) A mistaken ruling is not enough to avoid the doctrine: "Indeed, it is only when the former rule is deemed erroneous that the doctrine of the law of the case becomes at all important." ( Tally v. Ganahl (1907) 151 Cal. 418, 421 , 90 P. 1049 ; quoted with approval in Morohoshi v. Pacific Home (2004) 34 Cal.4th 482, 491 , 20 *532 Cal.Rptr.3d 890, 100 P.3d 433 .) But for purposes | 1 | 2006–2006 |
Sharon v. Sharon, 11991 (Cal. 7-17-1889)
green
1 sentence1965(Sharon v. Sharon, 79 Cal. 633 [ 22 Pac. 26, 131 ]; Wixon v. Divine, 80 Cal. 386 [ 22 Pac. 244 ]; Mattingly v. Pennie, 105 Cal. 516 [ 45 Am.St.Rep. 87 , 39 Pac. 200 ]; People v. Thomson, 115 Cal. 160 [ 46 Pac. 912 ].) Indeed, it is only when the former rule is deemed erroneous that the doctrine of the law of the case becomes at all important. | 1 | 1965–1965 |
In re González
green
1 sentence1965(Sharon v. Sharon, 79 Cal. 633 [ 22 Pac. 26, 131 ]; Wixon v. Divine, 80 Cal. 386 [ 22 Pac. 244 ]; Mattingly v. Pennie, 105 Cal. 516 [ 45 Am.St.Rep. 87 , 39 Pac. 200 ]; People v. Thomson, 115 Cal. 160 [ 46 Pac. 912 ].) Indeed, it is only when the former rule is deemed erroneous that the doctrine of the law of the case becomes at all important. | 1 | 1965–1965 |
Mattingly v. Pennie
green
1 sentence1965(Sharon v. Sharon, 79 Cal. 633 [ 22 Pac. 26, 131 ]; Wixon v. Divine, 80 Cal. 386 [ 22 Pac. 244 ]; Mattingly v. Pennie, 105 Cal. 516 [ 45 Am.St.Rep. 87 , 39 Pac. 200 ]; People v. Thomson, 115 Cal. 160 [ 46 Pac. 912 ].) Indeed, it is only when the former rule is deemed erroneous that the doctrine of the law of the case becomes at all important. | 1 | 1965–1965 |
People v. Thompson
green
2 sentences1965(Sharon v. Sharon, 79 Cal. 633 [ 22 Pac. 26, 131 ]; Wixon v. Divine, 80 Cal. 386 [ 22 Pac. 244 ]; Mattingly v. Pennie, 105 Cal. 516 [ 45 Am.St.Rep. 87 , 39 Pac. 200 ]; People v. Thomson, 115 Cal. 160 [ 46 Pac. 912 ].) Indeed, it is only when the former rule is deemed erroneous that the doctrine of the law of the case becomes at all important. 1965(Sharon v. Sharon, 79 Cal. 633 [ 22 Pac. 26, 131 ]; Wixon v. Divine, 80 Cal. 386 [ 22 Pac. 244 ]; Mattingly v. Pennie, 105 Cal. 516 [ 45 Am.St.Rep. 87 , 39 Pac. 200 ]; People v. Thomson, 115 Cal. 160 [ 46 Pac. 912 ].) Indeed, it is only when the former rule is deemed erroneous that the doctrine of the law of the case becomes at all important. | 1 | 1965–1965 |
Panos v. Great Western Packing Co.
green
2 sentences1943Indeed, it is when the former rule is deemed erroneous that the doctrine of the law of the case becomes most important.” (2 Cal. Jur. 956, sec. 561 and authorities there cited.) As was so aptly stated in the case of Sontag Chain Stores Co. v. Superior Court, 18 Cal.2d 92, 94 [ 113 P.2d 689 ]: “It is well settled that a final judgment of a court of competent jurisdiction may not be impeached collaterally for mere errors or irregularities committed by the court in the exercise of its jurisdiction or in the course of the proceedings, even though the error is one of law and appears on the face of 1943Indeed, it is when the former rule is deemed erroneous that the doctrine of the law of the case becomes most important.” (2 Cal. Jur. 956, sec. 561 and authorities there cited.) As was so aptly stated in the case of Sontag Chain Stores Co. v. Superior Court, 18 Cal.2d 92, 94 [ 113 P.2d 689 ]: “It is well settled that a final judgment of a court of competent jurisdiction may not be impeached collaterally for mere errors or irregularities committed by the court in the exercise of its jurisdiction or in the course of the proceedings, even though the error is one of law and appears on the face of | 1 | 1943–1943 |