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5 California opinions name it 2 courts 1976–2004 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.
| Case | Followed | Cited |
|---|---|---|
Larcher v. Wanlessgreen2 sentences1978(Larcher v. Wanless (1976) 18 Cal.3d 646 . . . .) The four-year rule in turn was tempered by the statute’s last sentence, tolling the four-year period if the physician concealed the harm. 1977(Larcher v. Wanless (1976) 18 Cal.3d 646, 658 [ 135 Cal.Rptr. 75 , 557 P.2d 507 ].) The four-year rule in turn was tempered by the statute’s last sentence, tolling the four-year period if the physician concealed the harm. | 1 | 2 |
Sanchez v. South Hoover Hospitalgreen2 sentences1978(Sanchez v. South Hoover Hospital (1976) 18 Cal.3d 93 , 101 . . . .) (3) The ‘injury’ which placed the four-year period in motion was the damaging effect of the wrongful act rather than the act itself. 1977(Sanchez v. South Hoover Hospital (1976) 18 Cal.3d 93, 101 [132 *896 Cal.Rptr. 657, 553 P.2d 1129 ].) The “injuiy” which placed the four-year period in motion was the damaging effect of the wrongful act rather than the act itself. | 1 | 2 |
Alliance Mortgage Co. v. Rothwellgreen2 sentences2004Further, he alleged Chapman led him to believe it was likely he would graduate from an ABA accredited law school in three years, but it dismissed him for academic reasons during the spring 1998 semester, and if he “is unable to return to [Chapman], all of his tuition money, expenses, and past, present and future lost time from work and employment opportunities will constitute his special damages.” “ ‘ “The elements of fraud ... are (a) misrepresentation (false representation, concealment, or nondisclosure); (b) knowledge of falsity (or ‘scienter’); (c) intent to defraud, i.e., to induce relian 2004Further, he alleged Chapman led him to believe it was likely he would graduate from an ABA accredited law school in three years, but it dismissed him for academic reasons during the spring 1998 semester, and if he “is unable to return to [Chapman], all of his tuition money, expenses, and past, present and future lost time from work and employment opportunities will constitute his special damages.” “ ‘ “The elements of fraud ... are (a) misrepresentation (false representation, concealment, or nondisclosure); (b) knowledge of falsity (or ‘scienter’); (c) intent to defraud, i.e., to induce relian | 1 | 1 |
Maria D. v. Westec Residential Sec., Inc.green2 sentences2004(Maria D. v. Westec Residential Security, Inc. (2000) 85 Cal.App.4th 125, 132 [ 102 Cal.Rptr.2d 326 ].) Goehring alleged Chapman induced him to enroll and reenroll in law school through misrepresentations regarding its prospects for obtaining early State Bar accreditation under rule XVIII of the Admission Rules or ABA preliminary approval, students’ ability to sit for the California bar examination after only three years of study, and the State Bar’s supposed waivers of the four-year rule and FYLSX requirements. 2004(Maria D. v. Westec Residential Security, Inc. (2000) 85 Cal.App.4th 125, 132 [ 102 Cal.Rptr.2d 326 ].) Goehring alleged Chapman induced him to enroll and reenroll in law school through misrepresentations regarding its prospects for obtaining early State Bar accreditation under rule XVIII of the Admission Rules or ABA preliminary approval, students’ ability to sit for the California bar examination after only three years of study, and the State Bar’s supposed waivers of the four-year rule and FYLSX requirements. | 1 | 1 |
Service by Medallion, Inc. v. Clorox Co.green2 sentences2004Further, he alleged Chapman led him to believe it was likely he would graduate from an ABA accredited law school in three years, but it dismissed him for academic reasons during the spring 1998 semester, and if he “is unable to return to [Chapman], all of his tuition money, expenses, and past, present and future lost time from work and employment opportunities will constitute his special damages.” “ ‘ “The elements of fraud ... are (a) misrepresentation (false representation, concealment, or nondisclosure); (b) knowledge of falsity (or ‘scienter’); (c) intent to defraud, i.e., to induce relian 2004Further, he alleged Chapman led him to believe it was likely he would graduate from an ABA accredited law school in three years, but it dismissed him for academic reasons during the spring 1998 semester, and if he “is unable to return to [Chapman], all of his tuition money, expenses, and past, present and future lost time from work and employment opportunities will constitute his special damages.” “ ‘ “The elements of fraud ... are (a) misrepresentation (false representation, concealment, or nondisclosure); (b) knowledge of falsity (or ‘scienter’); (c) intent to defraud, i.e., to induce relian | 1 | 1 |
Small v. Fritz Companies, Inc.green2 sentences2004Further, he alleged Chapman led him to believe it was likely he would graduate from an ABA accredited law school in three years, but it dismissed him for academic reasons during the spring 1998 semester, and if he “is unable to return to [Chapman], all of his tuition money, expenses, and past, present and future lost time from work and employment opportunities will constitute his special damages.” “ ‘ “The elements of fraud ... are (a) misrepresentation (false representation, concealment, or nondisclosure); (b) knowledge of falsity (or ‘scienter’); (c) intent to defraud, i.e., to induce relian 2004Further, he alleged Chapman led him to believe it was likely he would graduate from an ABA accredited law school in three years, but it dismissed him for academic reasons during the spring 1998 semester, and if he “is unable to return to [Chapman], all of his tuition money, expenses, and past, present and future lost time from work and employment opportunities will constitute his special damages.” “ ‘ “The elements of fraud ... are (a) misrepresentation (false representation, concealment, or nondisclosure); (b) knowledge of falsity (or ‘scienter’); (c) intent to defraud, i.e., to induce relian | 1 | 1 |
Malik v. Universal Resources Corp.green1 sentence2002(Cf., e.g., Lampf v. Gilbertson (1991) 501 U.S. 350, 363 [ 111 S.Ct. 2773, 2782 , 115 L.Ed.2d 321 ] [federal Securities Act of 1933, 15 U.S.C. § 77m]; Admiralty Fund v. Hugh Johnson & Co. (9th Cir. 1982) 677 F.2d 1301, 1308 [§ 25506]; Malik v. Universal Resources Corp. (S.D.Cal. 1976) 425 F.Supp. 350, 360-361 [§§ 25506, 25507].) Since Mr. Howe and Mr. Han filed their actions beyond the outside limits of the applicable statutes of limitations, we need not consider the one-year discovery alternative. | 1 | 1 |
Lampf, Pleva, Lipkind, Prupis & Petigrow v. Gilbertsonred2 sentences2002(Cf., e.g., Lampf v. Gilbertson (1991) 501 U.S. 350, 363 [ 111 S.Ct. 2773, 2782 , 115 L.Ed.2d 321 ] [federal Securities Act of 1933, 15 U.S.C. § 77m]; Admiralty Fund v. Hugh Johnson & Co. (9th Cir. 1982) 677 F.2d 1301, 1308 [§ 25506]; Malik v. Universal Resources Corp. (S.D.Cal. 1976) 425 F.Supp. 350, 360-361 [§§ 25506, 25507].) Since Mr. Howe and Mr. Han filed their actions beyond the outside limits of the applicable statutes of limitations, we need not consider the one-year discovery alternative. 2002(Cf., e.g., Lampf v. Gilbertson (1991) 501 U.S. 350, 363 [ 111 S.Ct. 2773, 2782 , 115 L.Ed.2d 321 ] [federal Securities Act of 1933, 15 U.S.C. § 77m]; Admiralty Fund v. Hugh Johnson & Co. (9th Cir. 1982) 677 F.2d 1301, 1308 [§ 25506]; Malik v. Universal Resources Corp. (S.D.Cal. 1976) 425 F.Supp. 350, 360-361 [§§ 25506, 25507].) Since Mr. Howe and Mr. Han filed their actions beyond the outside limits of the applicable statutes of limitations, we need not consider the one-year discovery alternative. | 1 | 1 |
cluster 403705green1 sentence2002(Cf., e.g., Lampf v. Gilbertson (1991) 501 U.S. 350, 363 [ 111 S.Ct. 2773, 2782 , 115 L.Ed.2d 321 ] [federal Securities Act of 1933, 15 U.S.C. § 77m]; Admiralty Fund v. Hugh Johnson & Co. (9th Cir. 1982) 677 F.2d 1301, 1308 [§ 25506]; Malik v. Universal Resources Corp. (S.D.Cal. 1976) 425 F.Supp. 350, 360-361 [§§ 25506, 25507].) Since Mr. Howe and Mr. Han filed their actions beyond the outside limits of the applicable statutes of limitations, we need not consider the one-year discovery alternative. | 1 | 1 |
Joslin v. Marin Municipal Water Districtgreen2 sentences1976Water Dist. (1967) 67 Cal.2d 132, 148-149 [ 60 Cal.Rptr. 377 , 429 P.2d 889 ], 6 When the statute relates the one-year period to the date “plaintiff discovers, or through the use of reasonable diligence should have discovered, the injury,” the word “plaintiff’ of necessity refers, in a wrongful death action, to the plaintiffs in that action—not to the decedent, who of course cannot be a plaintiff in a suit to recover for his own wrongful death. 7 Under defendants’ interpretation, then, the period during which the heirs of a malpractice victim could file suit might be as short as one day, or ev 1976Water Dist. (1967) 67 Cal.2d 132, 148-149 [ 60 Cal.Rptr. 377 , 429 P.2d 889 ], 6 When the statute relates the one-year period to the date “plaintiff discovers, or through the use of reasonable diligence should have discovered, the injury,” the word “plaintiff’ of necessity refers, in a wrongful death action, to the plaintiffs in that action—not to the decedent, who of course cannot be a plaintiff in a suit to recover for his own wrongful death. 7 Under defendants’ interpretation, then, the period during which the heirs of a malpractice victim could file suit might be as short as one day, or ev | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in California. Read the followed side critically anyway. | ||
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.