unrelated factors (California) · Go Syfert
← California issues

unrelated factors in California

7 California opinions name it 1 courts 1983–2025 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 (8)

CaseFollowedCited
People v. Carrgreen
calctapp · 2023 · cited in 1 California opinions naming this issue, 2025–2025
1 sentence

2025However, while the instructions in Carr were not precisely the same as those in this case, just like the challenged instruction in Carr, the criminal negligence instruction in Love’s case “did not relate to implied malice or second degree murder at all.” (Carr, supra, 90 Cal.App.5th at p. 146.) Thus, as we have discussed, the jury had no basis to find Love guilty of second degree murder based on a standard from an unrelated instruction for a different charge.

11
Fox v. Vicegreen
scotus · 2011 · cited in 1 California opinions naming this issue, 2023–2023
2 sentences

2023Instead the [trial] court should focus on the significance of the overall relief obtained by 8 the plaintiff in relation to the hours reasonably expended on the litigation.” ( Hensley, supra, at p. 435 ; Fox, supra, 563 U.S. at p. 834 [“the presence of . . . unsuccessful claims does not immunize a defendant against paying for the attorney[] fees that the plaintiff reasonably incurred in remedying a breach of his civil rights”].) In other words, there is an analytical difference between an unsuccessful claim and an unrelated claim.

2023Instead the [trial] court should focus on the significance of the overall relief obtained by 8 the plaintiff in relation to the hours reasonably expended on the litigation.” ( Hensley, supra, at p. 435 ; Fox, supra, 563 U.S. at p. 834 [“the presence of . . . unsuccessful claims does not immunize a defendant against paying for the attorney[] fees that the plaintiff reasonably incurred in remedying a breach of his civil rights”].) In other words, there is an analytical difference between an unsuccessful claim and an unrelated claim.

11
People v. Barrickred
cal · 1982 · cited in 1 California opinions naming this issue, 1983–1983
2 sentences

1983(Cf. People v. Barrick (1982) 33 Cal.3d 115, 129 [ 187 Cal.Rptr. 716 , 654 1243].) Three other felony convictions were ruled inadmissible.

1983(Cf. People v. Barrick (1982) 33 Cal.3d 115, 129 [ 187 Cal.Rptr. 716 , 654 1243].) Three other felony convictions were ruled inadmissible.

11
People v. Floydyellow
cal · 1970 · cited in 1 California opinions naming this issue, 1983–1983
2 sentences

1983(See e.g., Swain v. Alabama (1965) 380 U.S. 202 [ 13 L.Ed.2d 759 , 85 S.Ct. 824 ]; People v. Floyd (1970) 1 Cal.3d 694, 727-728 [ 83 Cal.Rptr. 608 , 464 P.2d 64 ], cert. den. 406 U.S. 972 ] 32 L.Ed.2d 672 , 92 S.Ct. 2418 ], overruled in People v. Wheeler, supra, 22 Cal.3d at p. 287, fn. 36; People v. Wiley (1976) 57 Cal.App.3d 149, 166 [ 129 Cal.Rptr. 13 ]; People v. Allums (1975) 47 Cal.App.3d 654, 663-664 [ 121 Cal.Rptr. 62 ]; People v. Anderson (1975) 44 Cal.App.3d 723, 726-727 [ 118 Cal.Rptr. 918 ], all disapproved in People v. Wheeler, supra.) The assumption appears somewhat doubtful in l

1983(See e.g., Swain v. Alabama (1965) 380 U.S. 202 [ 13 L.Ed.2d 759 , 85 S.Ct. 824 ]; People v. Floyd (1970) 1 Cal.3d 694, 727-728 [ 83 Cal.Rptr. 608 , 464 P.2d 64 ], cert. den. 406 U.S. 972 ] 32 L.Ed.2d 672 , 92 S.Ct. 2418 ], overruled in People v. Wheeler, supra, 22 Cal.3d at p. 287, fn. 36; People v. Wiley (1976) 57 Cal.App.3d 149, 166 [ 129 Cal.Rptr. 13 ]; People v. Allums (1975) 47 Cal.App.3d 654, 663-664 [ 121 Cal.Rptr. 62 ]; People v. Anderson (1975) 44 Cal.App.3d 723, 726-727 [ 118 Cal.Rptr. 918 ], all disapproved in People v. Wheeler, supra.) The assumption appears somewhat doubtful in l

11
People v. Allumsgreen
calctapp · 1975 · cited in 1 California opinions naming this issue, 1983–1983
2 sentences

1983(See e.g., Swain v. Alabama (1965) 380 U.S. 202 [ 13 L.Ed.2d 759 , 85 S.Ct. 824 ]; People v. Floyd (1970) 1 Cal.3d 694, 727-728 [ 83 Cal.Rptr. 608 , 464 P.2d 64 ], cert. den. 406 U.S. 972 ] 32 L.Ed.2d 672 , 92 S.Ct. 2418 ], overruled in People v. Wheeler, supra, 22 Cal.3d at p. 287, fn. 36; People v. Wiley (1976) 57 Cal.App.3d 149, 166 [ 129 Cal.Rptr. 13 ]; People v. Allums (1975) 47 Cal.App.3d 654, 663-664 [ 121 Cal.Rptr. 62 ]; People v. Anderson (1975) 44 Cal.App.3d 723, 726-727 [ 118 Cal.Rptr. 918 ], all disapproved in People v. Wheeler, supra.) The assumption appears somewhat doubtful in l

1983(See e.g., Swain v. Alabama (1965) 380 U.S. 202 [ 13 L.Ed.2d 759 , 85 S.Ct. 824 ]; People v. Floyd (1970) 1 Cal.3d 694, 727-728 [ 83 Cal.Rptr. 608 , 464 P.2d 64 ], cert. den. 406 U.S. 972 ] 32 L.Ed.2d 672 , 92 S.Ct. 2418 ], overruled in People v. Wheeler, supra, 22 Cal.3d at p. 287, fn. 36; People v. Wiley (1976) 57 Cal.App.3d 149, 166 [ 129 Cal.Rptr. 13 ]; People v. Allums (1975) 47 Cal.App.3d 654, 663-664 [ 121 Cal.Rptr. 62 ]; People v. Anderson (1975) 44 Cal.App.3d 723, 726-727 [ 118 Cal.Rptr. 918 ], all disapproved in People v. Wheeler, supra.) The assumption appears somewhat doubtful in l

11
People v. Andersongreen
calctapp · 1975 · cited in 1 California opinions naming this issue, 1983–1983
2 sentences

1983(See e.g., Swain v. Alabama (1965) 380 U.S. 202 [ 13 L.Ed.2d 759 , 85 S.Ct. 824 ]; People v. Floyd (1970) 1 Cal.3d 694, 727-728 [ 83 Cal.Rptr. 608 , 464 P.2d 64 ], cert. den. 406 U.S. 972 ] 32 L.Ed.2d 672 , 92 S.Ct. 2418 ], overruled in People v. Wheeler, supra, 22 Cal.3d at p. 287, fn. 36; People v. Wiley (1976) 57 Cal.App.3d 149, 166 [ 129 Cal.Rptr. 13 ]; People v. Allums (1975) 47 Cal.App.3d 654, 663-664 [ 121 Cal.Rptr. 62 ]; People v. Anderson (1975) 44 Cal.App.3d 723, 726-727 [ 118 Cal.Rptr. 918 ], all disapproved in People v. Wheeler, supra.) The assumption appears somewhat doubtful in l

1983(See e.g., Swain v. Alabama (1965) 380 U.S. 202 [ 13 L.Ed.2d 759 , 85 S.Ct. 824 ]; People v. Floyd (1970) 1 Cal.3d 694, 727-728 [ 83 Cal.Rptr. 608 , 464 P.2d 64 ], cert. den. 406 U.S. 972 ] 32 L.Ed.2d 672 , 92 S.Ct. 2418 ], overruled in People v. Wheeler, supra, 22 Cal.3d at p. 287, fn. 36; People v. Wiley (1976) 57 Cal.App.3d 149, 166 [ 129 Cal.Rptr. 13 ]; People v. Allums (1975) 47 Cal.App.3d 654, 663-664 [ 121 Cal.Rptr. 62 ]; People v. Anderson (1975) 44 Cal.App.3d 723, 726-727 [ 118 Cal.Rptr. 918 ], all disapproved in People v. Wheeler, supra.) The assumption appears somewhat doubtful in l

11
People v. Wheelergreen
cal · 1978 · cited in 1 California opinions naming this issue, 1983–1983
2 sentences

1983(See e.g., Swain v. Alabama (1965) 380 U.S. 202 [ 13 L.Ed.2d 759 , 85 S.Ct. 824 ]; People v. Floyd (1970) 1 Cal.3d 694, 727-728 [ 83 Cal.Rptr. 608 , 464 P.2d 64 ], cert. den. 406 U.S. 972 ] 32 L.Ed.2d 672 , 92 S.Ct. 2418 ], overruled in People v. Wheeler, supra, 22 Cal.3d at p. 287, fn. 36; People v. Wiley (1976) 57 Cal.App.3d 149, 166 [ 129 Cal.Rptr. 13 ]; People v. Allums (1975) 47 Cal.App.3d 654, 663-664 [ 121 Cal.Rptr. 62 ]; People v. Anderson (1975) 44 Cal.App.3d 723, 726-727 [ 118 Cal.Rptr. 918 ], all disapproved in People v. Wheeler, supra.) The assumption appears somewhat doubtful in l

1983(See e.g., Swain v. Alabama (1965) 380 U.S. 202 [ 13 L.Ed.2d 759 , 85 S.Ct. 824 ]; People v. Floyd (1970) 1 Cal.3d 694, 727-728 [ 83 Cal. Rptr. 608 , 464 P.2d 64 ], cert. den. 406 U.S. 972 ] 32 L.Ed.2d 672 , 92 S.Ct. 2418 ], overruled in People v. Wheeler, supra, 22 Cal.3d at p. 287, fn. 36; People v. Wiley (1976) 57 Cal. App.3d 149, 166 [ 129 Cal. Rptr. 13 ]; People v. Allums (1975) 47 Cal. App.3d 654, 663-664 [ 121 Cal. Rptr. 62 ]; People v. Anderson (1975) 44 Cal. App.3d 723, 726-727 [ 118 Cal. Rptr. 918 ], all disapproved in People v. Wheeler, supra . ) [7] The assumption appears somewhat

11
People v. Wileygreen
calctapp · 1976 · cited in 1 California opinions naming this issue, 1983–1983
2 sentences

1983(See e.g., Swain v. Alabama (1965) 380 U.S. 202 [ 13 L.Ed.2d 759 , 85 S.Ct. 824 ]; People v. Floyd (1970) 1 Cal.3d 694, 727-728 [ 83 Cal.Rptr. 608 , 464 P.2d 64 ], cert. den. 406 U.S. 972 ] 32 L.Ed.2d 672 , 92 S.Ct. 2418 ], overruled in People v. Wheeler, supra, 22 Cal.3d at p. 287, fn. 36; People v. Wiley (1976) 57 Cal.App.3d 149, 166 [ 129 Cal.Rptr. 13 ]; People v. Allums (1975) 47 Cal.App.3d 654, 663-664 [ 121 Cal.Rptr. 62 ]; People v. Anderson (1975) 44 Cal.App.3d 723, 726-727 [ 118 Cal.Rptr. 918 ], all disapproved in People v. Wheeler, supra.) The assumption appears somewhat doubtful in l

1983(See e.g., Swain v. Alabama (1965) 380 U.S. 202 [ 13 L.Ed.2d 759 , 85 S.Ct. 824 ]; People v. Floyd (1970) 1 Cal.3d 694, 727-728 [ 83 Cal.Rptr. 608 , 464 P.2d 64 ], cert. den. 406 U.S. 972 ] 32 L.Ed.2d 672 , 92 S.Ct. 2418 ], overruled in People v. Wheeler, supra, 22 Cal.3d at p. 287, fn. 36; People v. Wiley (1976) 57 Cal.App.3d 149, 166 [ 129 Cal.Rptr. 13 ]; People v. Allums (1975) 47 Cal.App.3d 654, 663-664 [ 121 Cal.Rptr. 62 ]; People v. Anderson (1975) 44 Cal.App.3d 723, 726-727 [ 118 Cal.Rptr. 918 ], all disapproved in People v. Wheeler, supra.) The assumption appears somewhat doubtful in l

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 (8)

CaseCitedYears
Hensley v. Eckerhart green
scotus · 1983
1 sentence

2023Instead the [trial] court should focus on the significance of the overall relief obtained by 8 the plaintiff in relation to the hours reasonably expended on the litigation.” ( Hensley, supra, at p. 435 ; Fox, supra, 563 U.S. at p. 834 [“the presence of . . . unsuccessful claims does not immunize a defendant against paying for the attorney[] fees that the plaintiff reasonably incurred in remedying a breach of his civil rights”].) In other words, there is an analytical difference between an unsuccessful claim and an unrelated claim.

12023–2023
Utility Cost Management v. East Bay Municipal Utility District green
calctapp · 2000
1 sentence

2022Dist. (2000) 79 Cal.App.4th 1242, 1252 .) But it remains within the power of local agencies to secure that benefit by drafting legislation in such a way that funding for capital projects is not imperiled by an unrelated challenge to some other aspect of the law.

12022–2022
Balkins v. County of Los Angeles green
calctapp · 1947
1 sentence

2016Nor could it have done so directly. “ ‘It is an elementary and fundamental rule of appellate procedure that a judgment or order will not be disturbed on an appeal prosecuted by a party who consented to it. [Citations.]’ A stipulation is a consent within the meaning of this rule. [Citations.]” (Brooms v. Brooms (1957) 151 Cal.App.2d 351, 352 .) LouBar claims the trial court “erroneously conflated the prior court’s efforts to provide ‘notice’ . . . with the unrelated doctrine of waiver.” It criticizes the trial court’s reliance on the “completely inapposite” decision in Balkins v. County of Los

12016–2016
Brooms v. Brooms green
calctapp · 1957
1 sentence

2016Nor could it have done so directly. “ ‘It is an elementary and fundamental rule of appellate procedure that a judgment or order will not be disturbed on an appeal prosecuted by a party who consented to it. [Citations.]’ A stipulation is a consent within the meaning of this rule. [Citations.]” (Brooms v. Brooms (1957) 151 Cal.App.2d 351, 352 .) LouBar claims the trial court “erroneously conflated the prior court’s efforts to provide ‘notice’ . . . with the unrelated doctrine of waiver.” It criticizes the trial court’s reliance on the “completely inapposite” decision in Balkins v. County of Los

12016–2016
People v. Hamlin green
calctapp · 2009
1 sentence

2014(CALCRIM No. 370.) This same argument was rejected by the California Supreme Court most recently in People v. Whisenhunt (2008) 44 Cal.4th 174 (Whisenhunt) and by our court in People v. Hamlin (2009) 170 Cal.App.4th 1412 (Hamlin).

12014–2014
People v. Whisenhunt green
cal · 2008
1 sentence

2014(CALCRIM No. 370.) This same argument was rejected by the California Supreme Court most recently in People v. Whisenhunt (2008) 44 Cal.4th 174 (Whisenhunt) and by our court in People v. Hamlin (2009) 170 Cal.App.4th 1412 (Hamlin).

12014–2014
Sundance v. Municipal Court green
calctapp · 1987
1 sentence

2002So if the hours on the nonaccepted theories were “reasonably spent,” not to include them in the fee award would deny the “just compensation for expenses actually incurred in vindicating a public right.” (Sundance II, supra, 192 Cal.App.3d at p. 273 .) But it does not follow that time spent to vindicate an unrelated claim not otherwise within the purview of section 1021.5 was time actually incurred in vindicating a public right.

12002–2002
Swain v. Alabama red
scotus · 1965
2 sentences

1983(See e.g., Swain v. Alabama (1965) 380 U.S. 202 [ 13 L.Ed.2d 759 , 85 S.Ct. 824 ]; People v. Floyd (1970) 1 Cal.3d 694, 727-728 [ 83 Cal.Rptr. 608 , 464 P.2d 64 ], cert. den. 406 U.S. 972 ] 32 L.Ed.2d 672 , 92 S.Ct. 2418 ], overruled in People v. Wheeler, supra, 22 Cal.3d at p. 287, fn. 36; People v. Wiley (1976) 57 Cal.App.3d 149, 166 [ 129 Cal.Rptr. 13 ]; People v. Allums (1975) 47 Cal.App.3d 654, 663-664 [ 121 Cal.Rptr. 62 ]; People v. Anderson (1975) 44 Cal.App.3d 723, 726-727 [ 118 Cal.Rptr. 918 ], all disapproved in People v. Wheeler, supra.) The assumption appears somewhat doubtful in l

1983(See e.g., Swain v. Alabama (1965) 380 U.S. 202 [ 13 L.Ed.2d 759 , 85 S.Ct. 824 ]; People v. Floyd (1970) 1 Cal.3d 694, 727-728 [ 83 Cal.Rptr. 608 , 464 P.2d 64 ], cert. den. 406 U.S. 972 ] 32 L.Ed.2d 672 , 92 S.Ct. 2418 ], overruled in People v. Wheeler, supra, 22 Cal.3d at p. 287, fn. 36; People v. Wiley (1976) 57 Cal.App.3d 149, 166 [ 129 Cal.Rptr. 13 ]; People v. Allums (1975) 47 Cal.App.3d 654, 663-664 [ 121 Cal.Rptr. 62 ]; People v. Anderson (1975) 44 Cal.App.3d 723, 726-727 [ 118 Cal.Rptr. 918 ], all disapproved in People v. Wheeler, supra.) The assumption appears somewhat doubtful in l

11983–1983

Where else courts name it

NY 30 (1992–2026) TX 12 (1991–2014) VA 9 (1974–2006) CA 7 (1983–2025) FL 6 (1964–2011) IN 6 (1988–2023) MD 5 (1977–2018) PA 5 (1987–2026) OR 4 (2014–2015) KY 3 (2015–2024) TN 3 (1998–2021) NJ 3 (1984–2017) IA 2 (1974–1986) IL 2 (1983–1999) VT 2 (2005–2019) WA 2 (2026–2026) MI 2 (1986–2000) MA 2 (1996–2013) DE 2 (1988–2021)

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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