statute against challenge (California) · Go Syfert
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statute against challenge in California

6 California opinions name it 2 courts 1981–2003 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 (2)

CaseFollowedCited
Mounts v. Uyedagreen
calctapp · 1991 · cited in 1 California opinions naming this issue, 1998–1998
2 sentences

1998Unless it is in total conflict with the Constitution, any overbreadth is cured by a case-by-case analysis of the particular fact situation. [Citation.] A statute will be declared invalid in its entirety only when its scope cannot be limited to constitutionally applicable situations except by reading in numerous qualifications and exceptions, i.e., rewriting it, or if it is invalid in certain situations and cannot be enforced in others without danger of an uncertain or vague future application. [Citation.]” (Mounts v. Uyeda (1991) 227 Cal.App.3d 111, 122 [ 277 Cal.Rptr. 730 ].) In reviewing cha

1998Unless it is in total conflict with the Constitution, any overbreadth is cured by a case-by-case analysis of the particular fact situation. [Citation.] A statute will be declared invalid in its entirety only when its scope cannot be limited to constitutionally applicable situations except by reading in numerous qualifications and exceptions, i.e., rewriting it, or if it is invalid in certain situations and cannot be enforced in others without danger of an uncertain or vague future application. [Citation.]” (Mounts v. Uyeda (1991) 227 Cal.App.3d 111, 122 [ 277 Cal.Rptr. 730 ].) In reviewing cha

11
Welsch v. Goswickgreen
calctapp · 1982 · cited in 1 California opinions naming this issue, 1987–1987
1 sentence

1987To the extent any dicta in the case may be construed to imply the section may be applied retroactively, we disagree with such holding. 7 We also disagree with the Welsch court’s decision condoning self-help by allowing plaintiffs in that case to ignore the injunction. 8 The Welsch court looked at Seaton v. Clifford, supra, in passing but dismissed it as “a 10-year-old case . . . of limited persuasive value.” ( 130 Cal.App.3d at p. 407, fn. 7 .) 9 Plaintiffs and Greenlee contend they are unaffected by the proscriptions against discrimination delineated in the Unruh Civil Rights Act as they do n

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. Heilman green
calctapp · 1994
2 sentences

1999In People v. Heilman (1994) 25 Cal.App.4th 391 [ 30 Cal.Rptr.2d 422 ], this court upheld the statute against a claim that the term “repeatedly” was unconstitutionally vague within the context of the statutory language.

1999In People v. Heilman (1994) 25 Cal.App.4th 391 [ 30 Cal.Rptr.2d 422 ], this court upheld the statute against a claim that the term “repeatedly” was unconstitutionally vague within the context of the statutory language.

21996–1999
People v. Frazer red
cal · 1999
2 sentences

2003In People v. Frazer, supra, 21 Cal.4th 737 , 88 Cal.Rptr.2d 312 , 982 P.2d 180 , the Supreme Court upheld the statute against a challenge it violated due process by retroactively reviving a dead cause of action.

2003In People v. Frazer, supra, 21 Cal.4th 737 , 88 Cal.Rptr.2d 312 , 982 P.2d 180 , the Supreme Court upheld the statute against a challenge it violated due process by retroactively reviving a dead cause of action.

12003–2003
Chase Securities Corp. v. Donaldson green
scotus · 1945
2 sentences

2003The Court discussed Chase Securities Corp. v. Donaldson (1945) 325 U.S. 304 , 65 S.Ct. 1137 , 89 L.Ed. 1628 , where the U.S. Supreme Court upheld retroactive changes in the applicable limitations period which were detrimental to the defense.

2003The Court discussed Chase Securities Corp. v. Donaldson (1945) 325 U.S. 304 , 65 S.Ct. 1137 , 89 L.Ed. 1628 , where the U.S. Supreme Court upheld retroactive changes in the applicable limitations period which were detrimental to the defense.

12003–2003
People v. Tran green
calctapp · 1996
2 sentences

1999In People v. Tran (1996) 47 Cal.App.4th 253 [ 54 Cal.Rptr.2d 650 ], the court determined the phrase “serves no legitimate purpose,” which is an element of the statutory definition of “harasses” contained in section 646.9, subdivision (e) was not unconstitutionally vague.

1999In People v. Tran (1996) 47 Cal.App.4th 253 [ 54 Cal.Rptr.2d 650 ], the court determined the phrase “serves no legitimate purpose,” which is an element of the statutory definition of “harasses” contained in section 646.9, subdivision (e) was not unconstitutionally vague.

11999–1999
People v. McClelland green
calctapp · 1996
2 sentences

1996The court in People v. McClelland (1996) 42 Cal.App.4th 144 [ 49 Cal.Rptr.2d 587 ] rejected a vagueness challenge to subdivision (b), which provides the proscribed behavior is a felony when it is the subject of a restraining order.

1996The court in People v. McClelland (1996) 42 Cal.App.4th 144 [ 49 Cal.Rptr.2d 587 ] rejected a vagueness challenge to subdivision (b), which provides the proscribed behavior is a felony when it is the subject of a restraining order.

11996–1996
People v. Sidener red
cal · 1962
2 sentences

1981In People v. Sidener (1962) 58 Cal.2d 645 [ 25 Cal.Rptr. 697 , 375 P.2d 641 ], this court upheld the statute against a claim that it violated the separation of powers doctrine (Cal. Const., art.

1981In People v. Sidener (1962) 58 Cal.2d 645 [ 25 Cal.Rptr. 697 , 375 P.2d 641 ], this court upheld the statute against a claim that it violated the separation of powers doctrine (Cal. Const., art.

11981–1981

Where else courts name it

MI 6 (1976–2023) WI 6 (1907–1993) CA 6 (1981–2003) NJ 3 (1978–2002) AL 3 (1888–2015) OK 3 (1915–1986) NE 3 (1913–2017) MD 2 (1985–2000) AR 2 (1951–1975) IL 2 (1964–1991) VT 2 (1995–1995) SC 2 (1934–1958)

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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