essential part defense (California) · Go Syfert
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essential part defense in California

5 California opinions name it 2 courts 1928–2025 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 (1)

CaseFollowedCited
Silva v. Pacific Greyhound Linesgreen
calctapp · 1953 · cited in 1 California opinions naming this issue, 1955–1955
2 sentences

1955Defendant was entitled to have it enunciated in clear and positive language.” In the present case, respondents state that giving of the criticized instruction was upheld in Silva v. Pacific Greyhound Lines, 119 Cal.App.2d 284, 289 [ 259 P.2d 743 ].

1955Defendant was entitled to have it enunciated in clear and positive language.” In the present case, respondents state that giving of the criticized instruction was upheld in Silva v. Pacific Greyhound Lines, 119 Cal.App.2d 284, 289 [ 259 P.2d 743 ].

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. Varona green
calctapp · 1983
2 sentences

2025(People v. Varona (1983) 143 Cal.App.3d 566, 570 .) Defendant’s reliance on People v. Daggett, supra, 225 Cal.App.3d at pages 757- 758; People v. Varona, supra, 143 Cal.App.3d at pages 569-570; and People v. Castain (1981) 122 Cal.App.3d 138, 144-146 , for his claim of misconduct is misplaced.

2025(People v. Varona (1983) 143 Cal.App.3d 566, 570 .) Defendant’s reliance on People v. Daggett, supra, 225 Cal.App.3d at pages 757- 758; People v. Varona, supra, 143 Cal.App.3d at pages 569-570; and People v. Castain (1981) 122 Cal.App.3d 138, 144-146 , for his claim of misconduct is misplaced.

12025–2025
People v. Daggett green
calctapp · 1990
1 sentence

2025(People v. Varona (1983) 143 Cal.App.3d 566, 570 .) Defendant’s reliance on People v. Daggett, supra, 225 Cal.App.3d at pages 757- 758; People v. Varona, supra, 143 Cal.App.3d at pages 569-570; and People v. Castain (1981) 122 Cal.App.3d 138, 144-146 , for his claim of misconduct is misplaced.

12025–2025
People v. Castain green
calctapp · 1981
1 sentence

2025(People v. Varona (1983) 143 Cal.App.3d 566, 570 .) Defendant’s reliance on People v. Daggett, supra, 225 Cal.App.3d at pages 757- 758; People v. Varona, supra, 143 Cal.App.3d at pages 569-570; and People v. Castain (1981) 122 Cal.App.3d 138, 144-146 , for his claim of misconduct is misplaced.

12025–2025
Snively v. Record Publishing Co. green
cal · 1921
1 sentence

1994The withdrawal by the plaintiff of his claim for punitive damages and the striking out of the averments of actual malice from the complaint did not establish the fact that defendants published the cartoon without actual malice, nor excuse them from the necessity of proving absence of such malice, if they desired to establish that defense.” ( 185 Cal. at p. 578 .)

11994–1994
People v. Ridgeway green
calctapp · 1928
1 sentence

1939In spite of the fact that the giving of the same instruction was held in the case of People v. Ridgeway, 80 Cal. App. 615 [ 265 Pac. 349 ], not to constitute reversible error, and that the court failed to consider or discuss the argumentative character of the charge, we are convinced it is objectionably argumentative.

11939–1939
Maher v. Devlin green
cal · 1928
2 sentences

1928If the defendants had merely denied that the publication was made with malice, we would be inclined to the conclusion that the burden would be upon the plaintiffs to prove the existence or presence of malice in the publication; but, however that may be, the defendants went further than that—indeed, further than the law required them to go—for, as is lucidly pointed out by Mr. Justice Curtis, in the very recent case of Maher v. Devlin, 203 Cal. 270 [ 263 Pac. 812, 819 ], all that is necessary in such a case as the present is to plead that the publication or communication was made without malice

1928If the defendants had merely denied that the publication was made with malice, we would be inclined to the conclusion that the burden would be upon the plaintiffs to prove the existence or presence of malice in the publication; but, however that may be, the defendants went further than that—indeed, further than the law required them to go—for, as is lucidly pointed out by Mr. Justice Curtis, in the very recent case of Maher v. Devlin, 203 Cal. 270 [ 263 Pac. 812, 819 ], all that is necessary in such a case as the present is to plead that the publication or communication was made without malice

11928–1928

Where else courts name it

NY 37 (1843–2025) LA 36 (1936–2016) MS 8 (1977–2004) TX 5 (1961–2023) CA 5 (1928–2025) NM 4 (1960–2025) AL 4 (1979–2018) CT 3 (1996–2011) ND 3 (2007–2009) PA 3 (1912–2007) IL 3 (1980–2020) ID 2 (1988–2002) NC 2 (1996–1998) NE 2 (1970–2025) VT 2 (1995–2025) WI 2 (1899–1903) MO 2 (1951–1993) AZ 2 (2011–2023)

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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