unintentional violation (California) · Go Syfert
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unintentional violation in California

6 California opinions name it 2 courts 1954–2020 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 (1)

CaseFollowedCited
Stop Youth Addiction, Inc. v. Lucky Stores, Inc.green
calctapp · 1998 · cited in 1 California opinions naming this issue, 2006–2006
2 sentences

2006(See Consumers Union of United States, Inc. v. Fisher Development, Inc. (1989) 208 Cal.App.3d 1433 [ 257 Cal.Rptr. 151 ] [injunctive relief to stop housing development restricting residency to persons aged 45 or older predicated on Unruh Civil Rights Act]; see generally Stop Youth Addiction, Inc. v. Lucky Stores, Inc. (1998) 17 Cal.4th 553, 562 [ 71 Cal.Rptr.2d 731 , 950 P.2d 1086 ] [“ ‘any unlawful business practice . . . may be redressed by a private action charging unfair competition in violation of Business and Professions Code section 17200 and 17203.’ ”].) 13 Of course, most of the time,

2006(See Consumers Union of United States, Inc. v. Fisher Development, Inc. (1989) 208 Cal.App.3d 1433 [ 257 Cal.Rptr. 151 ] [injunctive relief to stop housing development restricting residency to persons aged 45 or older predicated on Unruh Civil Rights Act]; see generally Stop Youth Addiction, Inc. v. Lucky Stores, Inc. (1998) 17 Cal.4th 553, 562 [ 71 Cal.Rptr.2d 731 , 950 P.2d 1086 ] [“ ‘any unlawful business practice . . . may be redressed by a private action charging unfair competition in violation of Business and Professions Code section 17200 and 17203.’ ”].) 13 Of course, most of the time,

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 (7)

CaseCitedYears
In Re Marriage of Corona green
calctapp · 2009
1 sentence

2020We presume this was an unintentional error, as that section applies to appeals from limited civil cases. 14 order must either affect the judgment or relate to it by enforcing it or staying its execution.”’” (In re Marriage of Corona (2009) 172 Cal.App.4th 1205, 1217 .) The May 15, 2019, order does not satisfy the first requirement.

12020–2020
People v. Martinez green
calctapp · 2014
1 sentence

2016(People v. Martinez, supra, 226 Cal.App.4th at pp. 765-766; see Sheena K., at p. 889.) Martinez contends that the weapon-possession condition is vague because it does not include an express scienter requirement that he “knowingly” possess the prohibited weapons.6 Such an express scienter requirement is unnecessary, however, because “[a] court may not revoke probation unless the evidence supports ‘a conclusion [that] the probationer’s conduct constituted a willful violation of the terms and conditions of probation,’ ” as opposed to an unintentional violation due to circumstances beyond the 6 A

12016–2016
Consumers Union of United States, Inc. v. Fisher Development, Inc. green
calctapp · 1989
2 sentences

2006(See Consumers Union of United States, Inc. v. Fisher Development, Inc. (1989) 208 Cal.App.3d 1433 [ 257 Cal.Rptr. 151 ] [injunctive relief to stop housing development restricting residency to persons aged 45 or older predicated on Unruh Civil Rights Act]; see generally Stop Youth Addiction, Inc. v. Lucky Stores, Inc. (1998) 17 Cal.4th 553, 562 [ 71 Cal.Rptr.2d 731 , 950 P.2d 1086 ] [“ ‘any unlawful business practice . . . may be redressed by a private action charging unfair competition in violation of Business and Professions Code section 17200 and 17203.’ ”].) 13 Of course, most of the time,

2006(See Consumers Union of United States, Inc. v. Fisher Development, Inc. (1989) 208 Cal.App.3d 1433 [ 257 Cal.Rptr. 151 ] [injunctive relief to stop housing development restricting residency to persons aged 45 or older predicated on Unruh Civil Rights Act]; see generally Stop Youth Addiction, Inc. v. Lucky Stores, Inc. (1998) 17 Cal.4th 553, 562 [ 71 Cal.Rptr.2d 731 , 950 P.2d 1086 ] [“ ‘any unlawful business practice . . . may be redressed by a private action charging unfair competition in violation of Business and Professions Code section 17200 and 17203.’ ”].) 13 Of course, most of the time,

12006–2006
Desert Plaza Partnership v. Waddell green
calctapp · 1986
1 sentence

1992In imposing the duty to mitigate damages it was necessary to guard against the lessor’s unintentional waiver of the new remedy simply by engaging in efforts to relet the premises [citations].” (Desert Plaza Partnership v. Waddell, supra, 180 Cal.App.3d at p. 814 , italics in original.) Here, it is undisputed that Clement breached the lease in 1986 and that petitioners served upon him a three-day notice to pay rent or quit which *1678 included notification that the lease was forfeited.

11992–1992
Theodor v. Superior Court green
cal · 1972
1 sentence

1976In both cases, the constitutional standard is one of reasonableness.” (Th eodor v. Superior Court, supra, 8 Cal.3d 77, 100 .) The same reasoning, however, does not permit of a conclusion that an officer should be permitted by intentional misstatement of facts, or intentional omission of material facts, to create a purported factual portrayal upon which to rest his claim of probable cause.

11976–1976
People v. Barger green
calctapp · 1974
1 sentence

1976(People v. Barger, supra, 40 Cal.App.3d 662, 668-669 .) That an unintentional error can be deemed “correctible” in the manner above indicated now is established law which is grounded upon the statement in Theodor that: “There is no reason to hold an officer to a standard of absolute accuracy in those instances in which the inference-drawing power is reserved for the magistrate who is to issue a warrant, when the officer is only required to reach a reasonable factual deduction in those instances in which he makes the inferences and acts without a warrant.

11976–1976
Pacific Gas & Electric Co. v. Minnette green
calctapp · 1953
2 sentences

1954Co. v. Minnette, 115 Cal. App.2d 698 [ 252 P.2d 642 ].) It would seem to follow that if such harsh consequences could flow from the unintentional violation of a provision in a deed, similar consequences flowing from the intentional violation of a court decree cannot be successfully challenged.

1954Co. v. Minnette, 115 Cal. App.2d 698 [ 252 P.2d 642 ].) It would seem to follow that if such harsh consequences could flow from the unintentional violation of a provision in a deed, similar consequences flowing from the intentional violation of a court decree cannot be successfully challenged.

11954–1954

Where else courts name it

PA 12 (1966–2025) NC 10 (1933–1985) MD 9 (1993–2018) CT 9 (2010–2025) NY 7 (1910–2015) WY 7 (1994–2012) WA 7 (2005–2015) FL 7 (1969–2024) GA 6 (1972–2022) CA 6 (1954–2020) DE 5 (1989–2023) IA 4 (2017–2019) MA 4 (2006–2025) ID 3 (1961–2025) IL 3 (1923–2016) NE 2 (2022–2022) VA 2 (2021–2026) AK 2 (2021–2023)

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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