Vernon factors (California) · Go Syfert
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Vernon factors in California

6 California opinions name it 1 courts 1975–2024 2 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 (4)

CaseFollowedCited
Bradley v. CAL. DEPT. OF CORRECTIONS AND REHABILITATIONgreen
calctapp · 2008 · cited in 1 California opinions naming this issue, 2024–2024
2 sentences

2024(Vernon, supra, 116 Cal.App.4th at p. 126 ; see Bradley, supra, 158 Cal.App.4th at p. 1625 [employer’s exercise of direction and control over employee’s work is “the keystone of the employment relationship”].) For other Vernon factors, Defendants showed that FileMaker, not Apple, issued Cambareri’s paychecks throughout her period of employment and issued her W-2 statements for the last two years of her employment.

2024(Vernon, supra, 116 Cal.App.4th at p. 126 ; see Bradley, supra, 158 Cal.App.4th at p. 1625 [employer’s exercise of direction and control over employee’s work is “the keystone of the employment relationship”].) For other Vernon factors, Defendants showed that FileMaker, not Apple, issued Cambareri’s paychecks throughout her period of employment and issued her W-2 statements for the last two years of her employment.

11
People v. Chi Ko Wongred
cal · 1976 · cited in 1 California opinions naming this issue, 1979–1979
2 sentences

1979(See People v. Chi Ko Wong (1976) 18 Cal.3d 698, 723 [ 135 Cal.Rptr. 392 , 557 P.2d 976 ]; People v. Beivelman (1968) 70 Cal.2d 60, 75 [ 73 Cal.Rptr. 521 , 447 P.2d 913 ]; People v. Meneley (1972) 29 Cal.App.3d 41, 58-59 [ 105 Cal.Rptr. 432 ].) There was no such objection or assignment of error; nor was there a request for an admonition. *861 We shall, however, discuss the alleged instances of misconduct of the prosecutor in relation to defendant Vernon’s claim that his trial counsel was incompetent for failing to object or ask for admonitions.

1979(See People v. Chi Ko Wong (1976) 18 Cal.3d 698, 723 [ 135 Cal.Rptr. 392 , 557 P.2d 976 ]; People v. Beivelman (1968) 70 Cal.2d 60, 75 [ 73 Cal.Rptr. 521 , 447 P.2d 913 ]; People v. Meneley (1972) 29 Cal.App.3d 41, 58-59 [ 105 Cal.Rptr. 432 ].) There was no such objection or assignment of error; nor was there a request for an admonition. *861 We shall, however, discuss the alleged instances of misconduct of the prosecutor in relation to defendant Vernon’s claim that his trial counsel was incompetent for failing to object or ask for admonitions.

11
People v. Meneleygreen
calctapp · 1972 · cited in 1 California opinions naming this issue, 1979–1979
2 sentences

1979(See People v. Chi Ko Wong (1976) 18 Cal.3d 698, 723 [ 135 Cal.Rptr. 392 , 557 P.2d 976 ]; People v. Beivelman (1968) 70 Cal.2d 60, 75 [ 73 Cal.Rptr. 521 , 447 P.2d 913 ]; People v. Meneley (1972) 29 Cal.App.3d 41, 58-59 [ 105 Cal.Rptr. 432 ].) There was no such objection or assignment of error; nor was there a request for an admonition. *861 We shall, however, discuss the alleged instances of misconduct of the prosecutor in relation to defendant Vernon’s claim that his trial counsel was incompetent for failing to object or ask for admonitions.

1979(See People v. Chi Ko Wong (1976) 18 Cal.3d 698, 723 [ 135 Cal.Rptr. 392 , 557 P.2d 976 ]; People v. Beivelman (1968) 70 Cal.2d 60, 75 [ 73 Cal.Rptr. 521 , 447 P.2d 913 ]; People v. Meneley (1972) 29 Cal.App.3d 41, 58-59 [ 105 Cal.Rptr. 432 ].) There was no such objection or assignment of error; nor was there a request for an admonition. *861 We shall, however, discuss the alleged instances of misconduct of the prosecutor in relation to defendant Vernon’s claim that his trial counsel was incompetent for failing to object or ask for admonitions.

11
People v. Beivelmanred
cal · 1968 · cited in 1 California opinions naming this issue, 1979–1979
2 sentences

1979(See People v. Chi Ko Wong (1976) 18 Cal.3d 698, 723 [ 135 Cal.Rptr. 392 , 557 P.2d 976 ]; People v. Beivelman (1968) 70 Cal.2d 60, 75 [ 73 Cal.Rptr. 521 , 447 P.2d 913 ]; People v. Meneley (1972) 29 Cal.App.3d 41, 58-59 [ 105 Cal.Rptr. 432 ].) There was no such objection or assignment of error; nor was there a request for an admonition. *861 We shall, however, discuss the alleged instances of misconduct of the prosecutor in relation to defendant Vernon’s claim that his trial counsel was incompetent for failing to object or ask for admonitions.

1979(See People v. Chi Ko Wong (1976) 18 Cal.3d 698, 723 [ 135 Cal.Rptr. 392 , 557 P.2d 976 ]; People v. Beivelman (1968) 70 Cal.2d 60, 75 [ 73 Cal.Rptr. 521 , 447 P.2d 913 ]; People v. Meneley (1972) 29 Cal.App.3d 41, 58-59 [ 105 Cal.Rptr. 432 ].) There was no such objection or assignment of error; nor was there a request for an admonition. *861 We shall, however, discuss the alleged instances of misconduct of the prosecutor in relation to defendant Vernon’s claim that his trial counsel was incompetent for failing to object or ask for admonitions.

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 (5)

CaseCitedYears
Vernon v. State of California green
calctapp · 2004
2 sentences

2024(Vernon, supra, 116 Cal.App.4th at p. 126 ; see Bradley, supra, 158 Cal.App.4th at p. 1625 [employer’s exercise of direction and control over employee’s work is “the keystone of the employment relationship”].) For other Vernon factors, Defendants showed that FileMaker, not Apple, issued Cambareri’s paychecks throughout her period of employment and issued her W-2 statements for the last two years of her employment.

2015Law Governing Employment Status Inquiry In determining whether Birnbaum is an employee for purposes of the FEHA, there are a number of factors to consider. “ ‘No one factor is decisive. [Citation.]’ [Citations.] ‘[T]he precise contours of an employment relationship can only be established by a careful factual inquiry.’ [Citation.]” (Vernon, supra, 116 Cal.App.4th at p. 125 .) The Vernon factors, referred to as the “totality of circumstances test,” “include payment of salary or other employee benefits and Social Security taxes, the ownership of the equipment necessary to performance of the job,

32014–2024
Salamon v. Our Lady of Victory Hospital green
ca2 · 2008
2 sentences

2015Law Governing Employment Status Inquiry In determining whether Birnbaum is an employee for purposes of the FEHA, there are a number of factors to consider. “ ‘No one factor is decisive. [Citation.]’ [Citations.] ‘[T]he precise contours of an employment relationship can only be established by a careful factual inquiry.’ [Citation.]” (Vernon, supra, 116 Cal.App.4th at p. 125 .) The Vernon factors, referred to as the “totality of circumstances test,” “include payment of salary or other employee benefits and Social Security taxes, the ownership of the equipment necessary to performance of the job,

2015Law Governing Employment Status Inquiry In determining whether Birnbaum is an employee for purposes of the FEHA, there are a number of factors to consider. “ ‘No one factor is decisive. [Citation.]’ [Citations.] ‘[T]he precise contours of an employment relationship can only be established by a careful factual inquiry.’ [Citation.]” (Vernon, supra, 116 Cal.App.4th at p. 125 .) The Vernon factors, referred to as the “totality of circumstances test,” “include payment of salary or other employee benefits and Social Security taxes, the ownership of the equipment necessary to performance of the job,

22014–2015
Flores v. Evergreen at San Diego, LLC green
calctapp · 2007
1 sentence

2023(Flores, supra, 148 Cal.App.4th at p. 588 .) Because nothing in the record compels, let alone supports, a finding that Blackmon intentionally or negligently engaged in any conduct that could cause Vernon to reasonably believe she authorized Vallin to agree to arbitrate her claims, the court properly denied Vernon’s motion to compel arbitration. 15 DISPOSITION The order denying Vernon’s motion to compel arbitration is affirmed.

12023–2023
Gunderson v. Superior Court green
calctapp · 1975
2 sentences

1975On appeal plaintiff-respondent Vernon contends that the doctrine of adhesion contracts invalidates the arbitration clause and dirring oral argument his counsel cited Akin v. Business Title Corp., 264 Cal.App.2d 153 [ 70 Cal.Rptr. 287 ], and Gunderson v. Superior Court, 46 Cal.App.3d 138 [ 120 Cal.Rptr. 35 ], in support of this contention, both of which are factually distinguishable.

1975On appeal plaintiff-respondent Vernon contends that the doctrine of adhesion contracts invalidates the arbitration clause and dirring oral argument his counsel cited Akin v. Business Title Corp., 264 Cal.App.2d 153 [ 70 Cal.Rptr. 287 ], and Gunderson v. Superior Court, 46 Cal.App.3d 138 [ 120 Cal.Rptr. 35 ], in support of this contention, both of which are factually distinguishable.

11975–1975
Akin v. Business Title Corp. green
calctapp · 1968
2 sentences

1975On appeal plaintiff-respondent Vernon contends that the doctrine of adhesion contracts invalidates the arbitration clause and dirring oral argument his counsel cited Akin v. Business Title Corp., 264 Cal.App.2d 153 [ 70 Cal.Rptr. 287 ], and Gunderson v. Superior Court, 46 Cal.App.3d 138 [ 120 Cal.Rptr. 35 ], in support of this contention, both of which are factually distinguishable.

1975On appeal plaintiff-respondent Vernon contends that the doctrine of adhesion contracts invalidates the arbitration clause and dirring oral argument his counsel cited Akin v. Business Title Corp., 264 Cal.App.2d 153 [ 70 Cal.Rptr. 287 ], and Gunderson v. Superior Court, 46 Cal.App.3d 138 [ 120 Cal.Rptr. 35 ], in support of this contention, both of which are factually distinguishable.

11975–1975

Statutes the citing opinions construe

CA § Cal. Government Code § 12900 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

CA 6 (1975–2024) TX 4 (2014–2024) IL 3 (2020–2023) OH 3 (2005–2007) WA 2 (2020–2024)

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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