Mills requirement (California) · Go Syfert
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Mills requirement in California

6 California opinions name it 2 courts 1978–2015 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.

Followed or applied (5)

CaseFollowedCited
Third Eye Blind, Inc. v. Near North Entertainment Insurance Services, LLCgreen
calctapp · 2005 · cited in 1 California opinions naming this issue, 2015–2015
1 sentence

2015(Brandt v. Superior Court (1985) 37 Cal.3d 813, 817 .) Rather, when a defendant’s tortious conduct requires the plaintiff to sue a third party, or defend a suit brought by a third party, attorney fees the plaintiff incurs in this third party action ‘are recoverable as damages resulting from a tort in the same way that medical fees would be part of the damages in a personal injury action.’ (Sooy v. Peter (1990) 220 Cal.App.3d 1305, 1310 ; see also Brandt v. Superior Court, supra, 37 Cal.3d at p. 817 .)” (Third Eye Blind, Inc. v. Near North Entertainment Insurance Services, LLC (2005) 127 Cal.Ap

11
Brandt v. Superior Courtgreen
cal · 1985 · cited in 1 California opinions naming this issue, 2015–2015
2 sentences

2015(Brandt v. Superior Court (1985) 37 Cal.3d 813, 817 .) Rather, when a defendant’s tortious conduct requires the plaintiff to sue a third party, or defend a suit brought by a third party, attorney fees the plaintiff incurs in this third party action ‘are recoverable as damages resulting from a tort in the same way that medical fees would be part of the damages in a personal injury action.’ (Sooy v. Peter (1990) 220 Cal.App.3d 1305, 1310 ; see also Brandt v. Superior Court, supra, 37 Cal.3d at p. 817 .)” (Third Eye Blind, Inc. v. Near North Entertainment Insurance Services, LLC (2005) 127 Cal.Ap

2015(Brandt v. Superior Court (1985) 37 Cal.3d 813, 817 .) Rather, when a defendant’s tortious conduct requires the plaintiff to sue a third party, or defend a suit brought by a third party, attorney fees the plaintiff incurs in this third party action ‘are recoverable as damages resulting from a tort in the same way that medical fees would be part of the damages in a personal injury action.’ (Sooy v. Peter (1990) 220 Cal.App.3d 1305, 1310 ; see also Brandt v. Superior Court, supra, 37 Cal.3d at p. 817 .)” (Third Eye Blind, Inc. v. Near North Entertainment Insurance Services, LLC (2005) 127 Cal.Ap

11
People v. Guevaragreen
calappdeptsuper · 1980 · cited in 1 California opinions naming this issue, 1983–1983
2 sentences

1983(See Hart v. Municipal Court, supra,*; People v. Guevara (1980) 111 Cal.App.3d Supp. 19, 22-23 [ 169 Cal.Rptr. 19 ]; People v. Buller (1979) 101 Cal.App.3d 73, 75-76 [ 160 Cal.Rptr. 657 ]; Youkhanna v. Municipal Court (1978) 86 Cal.App.3d 612 , 615 and fn. 1 [ 150 Cal.Rptr. 380 ] and Stewart v. Justice Court (1977) 74 Cal.App.3d 607, 609-610 [ 141 Cal.Rptr. 589 ].) On the other hand, it has been held that where the clerk makes docket entries under circumstances showing that the entries were prepared for the particular case before the court, such docket entries satisfy the Mills requirement.

1983(See Hart v. Municipal Court, supra,*; People v. Guevara (1980) 111 Cal.App.3d Supp. 19, 22-23 [ 169 Cal.Rptr. 19 ]; People v. Buller (1979) 101 Cal.App.3d 73, 75-76 [ 160 Cal.Rptr. 657 ]; Youkhanna v. Municipal Court (1978) 86 Cal.App.3d 612 , 615 and fn. 1 [ 150 Cal.Rptr. 380 ] and Stewart v. Justice Court (1977) 74 Cal.App.3d 607, 609-610 [ 141 Cal.Rptr. 589 ].) On the other hand, it has been held that where the clerk makes docket entries under circumstances showing that the entries were prepared for the particular case before the court, such docket entries satisfy the Mills requirement.

11
Stewart v. Justice Ct. for Avenal Judicial Dist. of Kings Cty.green
calctapp · 1977 · cited in 1 California opinions naming this issue, 1983–1983
2 sentences

1983(See Hart v. Municipal Court, supra,*; People v. Guevara (1980) 111 Cal.App.3d Supp. 19, 22-23 [ 169 Cal.Rptr. 19 ]; People v. Buller (1979) 101 Cal.App.3d 73, 75-76 [ 160 Cal.Rptr. 657 ]; Youkhanna v. Municipal Court (1978) 86 Cal.App.3d 612 , 615 and fn. 1 [ 150 Cal.Rptr. 380 ] and Stewart v. Justice Court (1977) 74 Cal.App.3d 607, 609-610 [ 141 Cal.Rptr. 589 ].) On the other hand, it has been held that where the clerk makes docket entries under circumstances showing that the entries were prepared for the particular case before the court, such docket entries satisfy the Mills requirement.

1983(See Hart v. Municipal Court, supra,*; People v. Guevara (1980) 111 Cal.App.3d Supp. 19, 22-23 [ 169 Cal.Rptr. 19 ]; People v. Buller (1979) 101 Cal.App.3d 73, 75-76 [ 160 Cal.Rptr. 657 ]; Youkhanna v. Municipal Court (1978) 86 Cal.App.3d 612 , 615 and fn. 1 [ 150 Cal.Rptr. 380 ] and Stewart v. Justice Court (1977) 74 Cal.App.3d 607, 609-610 [ 141 Cal.Rptr. 589 ].) On the other hand, it has been held that where the clerk makes docket entries under circumstances showing that the entries were prepared for the particular case before the court, such docket entries satisfy the Mills requirement.

11
People v. Bullergreen
calctapp · 1979 · cited in 1 California opinions naming this issue, 1983–1983
2 sentences

1983(See Hart v. Municipal Court, supra,*; People v. Guevara (1980) 111 Cal.App.3d Supp. 19, 22-23 [ 169 Cal.Rptr. 19 ]; People v. Buller (1979) 101 Cal.App.3d 73, 75-76 [ 160 Cal.Rptr. 657 ]; Youkhanna v. Municipal Court (1978) 86 Cal.App.3d 612 , 615 and fn. 1 [ 150 Cal.Rptr. 380 ] and Stewart v. Justice Court (1977) 74 Cal.App.3d 607, 609-610 [ 141 Cal.Rptr. 589 ].) On the other hand, it has been held that where the clerk makes docket entries under circumstances showing that the entries were prepared for the particular case before the court, such docket entries satisfy the Mills requirement.

1983(See Hart v. Municipal Court, supra,*; People v. Guevara (1980) 111 Cal.App.3d Supp. 19, 22-23 [ 169 Cal.Rptr. 19 ]; People v. Buller (1979) 101 Cal.App.3d 73, 75-76 [ 160 Cal.Rptr. 657 ]; Youkhanna v. Municipal Court (1978) 86 Cal.App.3d 612 , 615 and fn. 1 [ 150 Cal.Rptr. 380 ] and Stewart v. Justice Court (1977) 74 Cal.App.3d 607, 609-610 [ 141 Cal.Rptr. 589 ].) On the other hand, it has been held that where the clerk makes docket entries under circumstances showing that the entries were prepared for the particular case before the court, such docket entries satisfy the Mills requirement.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in California. Read the followed side critically anyway.

Also cited on this issue (6)

CaseCitedYears
People v. Sapp green
cal · 2003
1 sentence

2015(People v. Sapp (2003) 31 Cal.4th 240, 316 .) VI.

12015–2015
Sooy v. Peter green
calctapp · 1990
1 sentence

2015(Brandt v. Superior Court (1985) 37 Cal.3d 813, 817 .) Rather, when a defendant’s tortious conduct requires the plaintiff to sue a third party, or defend a suit brought by a third party, attorney fees the plaintiff incurs in this third party action ‘are recoverable as damages resulting from a tort in the same way that medical fees would be part of the damages in a personal injury action.’ (Sooy v. Peter (1990) 220 Cal.App.3d 1305, 1310 ; see also Brandt v. Superior Court, supra, 37 Cal.3d at p. 817 .)” (Third Eye Blind, Inc. v. Near North Entertainment Insurance Services, LLC (2005) 127 Cal.Ap

12015–2015
Serrano v. Priest green
cal · 1977
2 sentences

2004Consistent with the burden on summary judgment, to the extent the evidence may be in conflict, only those facts favorable to McIntosh are discussed. 7 This contingency was removed in the first half of the following month. 8 “The use of the lodestar method for calculating attorney fees was established in California in Serrano III [Serrano v. Priest (1977) 20 Cal.3d 25 [ 141 Cal.Rptr. 315 , 569 P.2d 1303 ] (Serrano III)].

2004Consistent with the burden on summary judgment, to the extent the evidence may be in conflict, only those facts favorable to McIntosh are discussed. 7 This contingency was removed in the first half of the following month. 8 “The use of the lodestar method for calculating attorney fees was established in California in Serrano III [Serrano v. Priest (1977) 20 Cal.3d 25 [ 141 Cal.Rptr. 315 , 569 P.2d 1303 ] (Serrano III)].

12004–2004
Healing v. California Coastal Commission green
calctapp · 1994
2 sentences

1999A similar issue was considered in Healing v. California Coastal Com. (1994) 22 Cal.App.4th 1158 , 27 Cal.Rptr.2d 758 .

1999A similar issue was considered in Healing v. California Coastal Com. (1994) 22 Cal.App.4th 1158 , 27 Cal.Rptr.2d 758 .

11999–1999
Youkhanna v. Municipal Court green
calctapp · 1978
2 sentences

1983(See Hart v. Municipal Court, supra,*; People v. Guevara (1980) 111 Cal.App.3d Supp. 19, 22-23 [ 169 Cal.Rptr. 19 ]; People v. Buller (1979) 101 Cal.App.3d 73, 75-76 [ 160 Cal.Rptr. 657 ]; Youkhanna v. Municipal Court (1978) 86 Cal.App.3d 612 , 615 and fn. 1 [ 150 Cal.Rptr. 380 ] and Stewart v. Justice Court (1977) 74 Cal.App.3d 607, 609-610 [ 141 Cal.Rptr. 589 ].) On the other hand, it has been held that where the clerk makes docket entries under circumstances showing that the entries were prepared for the particular case before the court, such docket entries satisfy the Mills requirement.

1983(See Hart v. Municipal Court, supra,*; People v. Guevara (1980) 111 Cal.App.3d Supp. 19, 22-23 [ 169 Cal.Rptr. 19 ]; People v. Buller (1979) 101 Cal.App.3d 73, 75-76 [ 160 Cal.Rptr. 657 ]; Youkhanna v. Municipal Court (1978) 86 Cal.App.3d 612 , 615 and fn. 1 [ 150 Cal.Rptr. 380 ] and Stewart v. Justice Court (1977) 74 Cal.App.3d 607, 609-610 [ 141 Cal.Rptr. 589 ].) On the other hand, it has been held that where the clerk makes docket entries under circumstances showing that the entries were prepared for the particular case before the court, such docket entries satisfy the Mills requirement.

11983–1983
Ballard v. Superior Court of San Diego County red
cal · 1966
2 sentences

1978Thereafter, the court entertained Mills' motion for "sanctions." Following a hearing on the motion the court found that Tina's decision was "influenced by the conduct of the district attorney's office," which had "willfully and persistently act[ed] in such a way as to frustrate that court order," by advising Tina that "she has a choice as to whether she wants to comply or not," "thereby breaching their responsibilities under the due process clause." Then stating, "I can't allow interference with a lawful order of the court by the prosecution," so the sanction will be that Tina "will not be all

1978Thereafter, the court entertained Mills’ motion for “sanctions.” Following a hearing on the motion the court found that Tina’s decision wás “influenced by the conduct of the district attorney’s office,” which had “willfully and persistently act[ed] in such a way as to frustrate that court order,” by advising Tina that “she has a choice as to whether she wants to comply or not,” “thereby breaching their responsibilities under the due process clause.” Then stating, “I can’t allow interference with a lawful order of the court by the prosecution,” so the sanction will be that Tina “will not be all

11978–1978

Where else courts name it

PA 15 (1982–2025) TX 8 (1967–2015) FL 8 (1993–2017) MS 6 (2004–2013) AL 6 (2008–2017) CA 6 (1978–2015) IN 5 (1989–2017) MD 4 (1986–2008) OH 4 (2006–2025) NY 4 (2005–2014) WY 2 (2020–2023) KY 2 (2016–2020) OR 2 (2014–2016) GA 2 (2004–2010) AR 2 (1999–2017) ME 2 (2006–2019)

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.

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