baseless claim (California) · Go Syfert
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baseless claim in California

5 California opinions name it 2 courts 1957–2022 1 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 (5)

CaseFollowedCited
People v. Toddgreen
calctapp · 1972 · cited in 1 California opinions naming this issue, 1992–1992
2 sentences

1992(People v. Boulad (1965) 235 Cal.App.2d 118 [ 45 Cal.Rptr. 104 ] [accomplices were arrested, put in adjoining cells and had their conversation secretly recorded by the police]; People v. Apodaca (1967) 252 Cal.App.2d 656 [ 60 Cal.Rptr. 782 ] [jail conversation between defendant and visitor secretly recorded]; People v. Califano (1970) 5 Cal.App.3d 476, 482 [ 85 Cal.Rptr. 292 ] [coperpetrator arrestees put in police interview room with hidden microphone]; People v. Todd (1972) 26 Cal.App.3d 15, 17 [ 102 Cal.Rptr. 539 ] [hidden tape-recorded conversation of suspects in back of police car]; Peopl

1992(People v. Boulad (1965) 235 Cal.App.2d 118 [ 45 Cal.Rptr. 104 ] [accomplices were arrested, put in adjoining cells and had their conversation secretly recorded by the police]; People v. Apodaca (1967) 252 Cal.App.2d 656 [ 60 Cal.Rptr. 782 ] [jail conversation between defendant and visitor secretly recorded]; People v. Califano (1970) 5 Cal.App.3d 476, 482 [ 85 Cal.Rptr. 292 ] [coperpetrator arrestees put in police interview room with hidden microphone]; People v. Todd (1972) 26 Cal.App.3d 15, 17 [ 102 Cal.Rptr. 539 ] [hidden tape-recorded conversation of suspects in back of police car]; Peopl

11
People v. Califanogreen
calctapp · 1970 · cited in 1 California opinions naming this issue, 1992–1992
2 sentences

1992(People v. Boulad (1965) 235 Cal.App.2d 118 [ 45 Cal.Rptr. 104 ] [accomplices were arrested, put in adjoining cells and had their conversation secretly recorded by the police]; People v. Apodaca (1967) 252 Cal.App.2d 656 [ 60 Cal.Rptr. 782 ] [jail conversation between defendant and visitor secretly recorded]; People v. Califano (1970) 5 Cal.App.3d 476, 482 [ 85 Cal.Rptr. 292 ] [coperpetrator arrestees put in police interview room with hidden microphone]; People v. Todd (1972) 26 Cal.App.3d 15, 17 [ 102 Cal.Rptr. 539 ] [hidden tape-recorded conversation of suspects in back of police car]; Peopl

1992(People v. Boulad (1965) 235 Cal.App.2d 118 [ 45 Cal.Rptr. 104 ] [accomplices were arrested, put in adjoining cells and had their conversation secretly recorded by the police]; People v. Apodaca (1967) 252 Cal.App.2d 656 [ 60 Cal.Rptr. 782 ] [jail conversation between defendant and visitor secretly recorded]; People v. Califano (1970) 5 Cal.App.3d 476, 482 [ 85 Cal.Rptr. 292 ] [coperpetrator arrestees put in police interview room with hidden microphone]; People v. Todd (1972) 26 Cal.App.3d 15, 17 [ 102 Cal.Rptr. 539 ] [hidden tape-recorded conversation of suspects in back of police car]; Peopl

11
Bertero v. National General Corp.green
cal · 1974 · cited in 1 California opinions naming this issue, 1990–1990
2 sentences

1990(Bertero v. National General Corp. (1974) 13 Cal.3d 43, 50 [ 118 Cal.Rptr. 184 , 529 P.2d 608 , 65 A.L.R.3d 878 ].) The bringing of a colorable claim is not actionable; plaintiff in a malicious prosecution action must prove that the prior action was brought without probable cause and was pursued to a legal termination in plaintiff’s favor.

1990(Bertero v. National General Corp. (1974) 13 Cal.3d 43, 50 [ 118 Cal.Rptr. 184 , 529 P.2d 608 , 65 A.L.R.3d 878 ].) The bringing of a colorable claim is not actionable; plaintiff in a malicious prosecution action must prove that the prior action was brought without probable cause and was pursued to a legal termination in plaintiff’s favor.

11
Graham v. Hansengreen
calctapp · 1982 · cited in 1 California opinions naming this issue, 1988–1988
2 sentences

1988(Cf. Graham v. Hansen (1982) 128 Cal.App.3d 965, 971 [ 180 Cal.Rptr. 604 ] [“To apply a time limitation beyond which the court lacks power so to act would needlessly burden the courts and the litigants with plenary trials that were otherwise capable of summary resolution.

1988(Cf. Graham v. Hansen (1982) 128 Cal.App.3d 965, 971 [ 180 Cal.Rptr. 604 ] [“To apply a time limitation beyond which the court lacks power so to act would needlessly burden the courts and the litigants with plenary trials that were otherwise capable of summary resolution.

11
People v. Woodsgreen
cal · 1950 · cited in 1 California opinions naming this issue, 1957–1957
2 sentences

1957In People v. Woods, 35 Cal.2d 504, 509 [ 218 P.2d 981 ], it is said: “The offense charged in count one, the violation of subdivision 3 of section 337a, is committed when money is received as a wager on a race.

1957In People v. Woods, 35 Cal.2d 504, 509 [ 218 P.2d 981 ], it is said: “The offense charged in count one, the violation of subdivision 3 of section 337a, is committed when money is received as a wager on a race.

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
HMS Capital, Inc. v. Lawyers Title Co. green
calctapp · 2004
1 sentence

2022In HMS Capital, Inc., for example, the court noted that the malicious prosecution defendant “took no depositions, promulgated only one set of form interrogatories, and refused to dismiss [the underlying action] unless [the 17 plaintiff] paid it $25,000,” and it found those facts supported the conclusion that the defendant “was simply trying to squeeze a settlement from [the plaintiff] on a baseless case, and hence evidence of malice.” (HMS Capital, Inc., supra, 118 Cal.App.4th at p. 218 .) There is no similar evidence of Timm’s actions during the underlying litigation that suggests he pursued

12022–2022
People v. Lucero green
calctapp · 1987
2 sentences

1992(People v. Boulad (1965) 235 Cal.App.2d 118 [ 45 Cal.Rptr. 104 ] [accomplices were arrested, put in adjoining cells and had their conversation secretly recorded by the police]; People v. Apodaca (1967) 252 Cal.App.2d 656 [ 60 Cal.Rptr. 782 ] [jail conversation between defendant and visitor secretly recorded]; People v. Califano (1970) 5 Cal.App.3d 476, 482 [ 85 Cal.Rptr. 292 ] [coperpetrator arrestees put in police interview room with hidden microphone]; People v. Todd (1972) 26 Cal.App.3d 15, 17 [ 102 Cal.Rptr. 539 ] [hidden tape-recorded conversation of suspects in back of police car]; Peopl

1992(People v. Boulad (1965) 235 Cal.App.2d 118 [ 45 Cal.Rptr. 104 ] [accomplices were arrested, put in adjoining cells and had their conversation secretly recorded by the police]; People v. Apodaca (1967) 252 Cal.App.2d 656 [ 60 Cal.Rptr. 782 ] [jail conversation between defendant and visitor secretly recorded]; People v. Califano (1970) 5 Cal.App.3d 476, 482 [ 85 Cal.Rptr. 292 ] [coperpetrator arrestees put in police interview room with hidden microphone]; People v. Todd (1972) 26 Cal.App.3d 15, 17 [ 102 Cal.Rptr. 539 ] [hidden tape-recorded conversation of suspects in back of police car]; Peopl

11992–1992
People v. Apodaca green
calctapp · 1967
2 sentences

1992(People v. Boulad (1965) 235 Cal.App.2d 118 [ 45 Cal.Rptr. 104 ] [accomplices were arrested, put in adjoining cells and had their conversation secretly recorded by the police]; People v. Apodaca (1967) 252 Cal.App.2d 656 [ 60 Cal.Rptr. 782 ] [jail conversation between defendant and visitor secretly recorded]; People v. Califano (1970) 5 Cal.App.3d 476, 482 [ 85 Cal.Rptr. 292 ] [coperpetrator arrestees put in police interview room with hidden microphone]; People v. Todd (1972) 26 Cal.App.3d 15, 17 [ 102 Cal.Rptr. 539 ] [hidden tape-recorded conversation of suspects in back of police car]; Peopl

1992(People v. Boulad (1965) 235 Cal.App.2d 118 [ 45 Cal.Rptr. 104 ] [accomplices were arrested, put in adjoining cells and had their conversation secretly recorded by the police]; People v. Apodaca (1967) 252 Cal.App.2d 656 [ 60 Cal.Rptr. 782 ] [jail conversation between defendant and visitor secretly recorded]; People v. Califano (1970) 5 Cal.App.3d 476, 482 [ 85 Cal.Rptr. 292 ] [coperpetrator arrestees put in police interview room with hidden microphone]; People v. Todd (1972) 26 Cal.App.3d 15, 17 [ 102 Cal.Rptr. 539 ] [hidden tape-recorded conversation of suspects in back of police car]; Peopl

11992–1992
People v. Boulad green
calctapp · 1965
2 sentences

1992(People v. Boulad (1965) 235 Cal.App.2d 118 [ 45 Cal.Rptr. 104 ] [accomplices were arrested, put in adjoining cells and had their conversation secretly recorded by the police]; People v. Apodaca (1967) 252 Cal.App.2d 656 [ 60 Cal.Rptr. 782 ] [jail conversation between defendant and visitor secretly recorded]; People v. Califano (1970) 5 Cal.App.3d 476, 482 [ 85 Cal.Rptr. 292 ] [coperpetrator arrestees put in police interview room with hidden microphone]; People v. Todd (1972) 26 Cal.App.3d 15, 17 [ 102 Cal.Rptr. 539 ] [hidden tape-recorded conversation of suspects in back of police car]; Peopl

1992(People v. Boulad (1965) 235 Cal.App.2d 118 [ 45 Cal.Rptr. 104 ] [accomplices were arrested, put in adjoining cells and had their conversation secretly recorded by the police]; People v. Apodaca (1967) 252 Cal.App.2d 656 [ 60 Cal.Rptr. 782 ] [jail conversation between defendant and visitor secretly recorded]; People v. Califano (1970) 5 Cal.App.3d 476, 482 [ 85 Cal.Rptr. 292 ] [coperpetrator arrestees put in police interview room with hidden microphone]; People v. Todd (1972) 26 Cal.App.3d 15, 17 [ 102 Cal.Rptr. 539 ] [hidden tape-recorded conversation of suspects in back of police car]; Peopl

11992–1992
People v. Banks neutral
calctapp · 1940
2 sentences

1957In support of the baseless claim that there was no evidence that the races actually were run, counsel rely upon the single case of People v. Banks, 39 Cal.App.2d 164 [ 102 P.2d 818 ], which makes no such holding and which has been repeatedly criticized by this court, also disapproved by the Supreme Court.

1957In support of the baseless claim that there was no evidence that the races actually were run, counsel rely upon the single case of People v. Banks, 39 Cal.App.2d 164 [ 102 P.2d 818 ], which makes no such holding and which has been repeatedly criticized by this court, also disapproved by the Supreme Court.

11957–1957

Where else courts name it

PA 118 (1977–2026) CA 5 (1957–2022) IN 5 (1991–2019) IL 5 (1987–2021) AL 3 (2012–2026) TX 2 (2014–2020) NV 2 (2017–2019) NM 2 (2023–2023) MA 2 (1983–2025) OK 2 (2009–2021)

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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