public and private factors (California) · Go Syfert
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public and private factors in California

6 California opinions name it 1 courts 2006–2022 3 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 (0)

CaseFollowedCited
No positive-treatment citations attached to this issue in California.

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 (5)

CaseCitedYears
Stangvik v. Shiley Inc. green
cal · 1991
2 sentences

2022While the public and private factors must be applied flexibly without giving undue emphasis to one factor (Stangvik v. Shiley, Inc., supra, 54 Cal.3d at p. 753 ), any emphasis the trial court placed on the interpleaded funds was not undue.

2006Plaintiffs also contended that the public and private factors set forth in Stangvik, supra, 54 Cal.3d 744 , did not weigh heavily against California as the appropriate forum.

52006–2022
Hansen v. Owens-Corning Fiberglas Corp. green
calctapp · 1996
1 sentence

2022(Stangvik, supra, 54 Cal.3d at p. 751 .) In conducting an abuse of discretion review, appellate courts ask whether the determination is “within the range of options available under governing legal criteria in light of the evidence before [the trial court].” (Hansen v. Owens-Corning Fiberglas Corp. (1996) 51 Cal.App.4th 753, 758 , disagreed with on other grounds in National Football League v. Fireman’s Fund Ins.

12022–2022
Morris v. AGFA CORP. green
calctapp · 2006
1 sentence

2022(Diaz-Barba v. Superior Court (2015) 236 Cal.App.4th 1470, 1483 ; Morris v. AGFA Corp. (2006) 144 Cal.App.4th 1452, 1464 .) In contrast, the second step of weighing and balancing the public and private factors involves the exercise of discretion and, as a result, appellate courts give “substantial deference” to the trial court’s determination.

12022–2022
Diaz-Barba v. Superior Court of San Diego County green
calctapp · 2015
1 sentence

2022(Diaz-Barba v. Superior Court (2015) 236 Cal.App.4th 1470, 1483 ; Morris v. AGFA Corp. (2006) 144 Cal.App.4th 1452, 1464 .) In contrast, the second step of weighing and balancing the public and private factors involves the exercise of discretion and, as a result, appellate courts give “substantial deference” to the trial court’s determination.

12022–2022
Archibald v. Cinerama Hotels green
cal · 1976
1 sentence

2021The California Supreme Court has explained that “[t]he trial court retains a flexible power to consider and weigh all factors relevant to determining which forum is the more convenient . . . .” (Archibald v. Cinerama Hotels, supra, 15 Cal.3d at p. 860 .) The “private and public interest factors must be applied flexibly, 11 without giving undue emphasis to any one element” and no court should decide there are circumstances in which the doctrine will always apply or never apply.

12021–2021

Where else courts name it

PA 13 (2004–2026) TX 7 (2015–2024) CA 6 (2006–2022) IL 5 (1994–2026) RI 2 (2008–2010)

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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