judicial admission doctrine (California) · Go Syfert
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judicial admission doctrine in California

5 California opinions name it 1 courts 1997–2026 4 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 (3)

CaseFollowedCited
Valerio v. Andrew Youngquist Constructiongreen
calctapp · 2002 · cited in 2 California opinions naming this issue, 2026–2026
2 sentences

2026Under the doctrine of ‘conclusiveness of pleadings,’ a pleader is bound by well pleaded material allegations or by failure to deny well pleaded material allegations.” ’ ” (Id. at pp. 228–229.) “Because an admission in the pleadings forbids the consideration of contrary evidence, any discussion of such evidence is irrelevant and immaterial.” (Valerio v. Andrew Youngquist Construction (2002) 103 Cal.App.4th 1264, 1271 (Valerio).) Tara initially argues that the separation date alleged in the amended petition is a mixed question of fact and law to which the judicial admission doctrine does not app

2026Under the doctrine of ‘conclusiveness of pleadings,’ a pleader is bound by well pleaded material allegations or by failure to deny well pleaded material allegations.” ’ ” (Id. at pp. 228–229.) “Because an admission in the pleadings forbids the consideration of contrary evidence, any discussion of such evidence is irrelevant and immaterial.” (Valerio v. Andrew Youngquist Construction (2002) 103 Cal.App.4th 1264, 1271 (Valerio).) Tara initially argues that the separation date alleged in the amended petition is a mixed question of fact and law to which the judicial admission doctrine does not app

22
Barsegian v. Kessler & Kesslergreen
calctapp · 2013 · cited in 2 California opinions naming this issue, 2026–2026
2 sentences

2026(V.S., supra, 97 Cal.App.5th at p. 229.) We are skeptical of this argument (see In re Marriage of Lee & Lin (2019) 41 Cal.App.5th 698 , 702; In re Marriage of Manfer (2006) 144 Cal.App.4th 925, 930 ), but need not resolve the question definitively because, even assuming the allegation is properly treated as one of fact, “not every factual allegation in a complaint automatically constitutes a judicial admission.” (Barsegian v. Kessler & Kessler (2013) 215 Cal.App.4th 446, 451 (Barsegian).) 11 Here, we conclude that the circumstances did not warrant treating Tara’s allegation as a judicial admis

2026(V.S., supra, 97 Cal.App.5th at p. 229.) We are skeptical of this argument (see In re Marriage of Lee & Lin (2019) 41 Cal.App.5th 698 , 702; In re Marriage of Manfer (2006) 144 Cal.App.4th 925, 930 ), but need not resolve the question definitively because, even assuming the allegation is properly treated as one of fact, “not every factual allegation in a complaint automatically constitutes a judicial admission.” (Barsegian v. Kessler & Kessler (2013) 215 Cal.App.4th 446, 451 (Barsegian).) 11 Here, we conclude that the circumstances did not warrant treating Tara’s allegation as a judicial admis

22
Hearn Pacific Corp. v. Second Generation Roofing, Inc.green
calctapp · 2016 · cited in 1 California opinions naming this issue, 2024–2024
1 sentence

2024(Hearn Pacific Corp., supra, 247 Cal.App.4th at p. 132, fn.7 .) It does not contradict 9 Star’s allegations for it to contend that Café 86 is a corporation.

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 (3)

CaseCitedYears
Manfer v. Manfer green
calctapp · 2006
2 sentences

2026(V.S., supra, 97 Cal.App.5th at p. 229.) We are skeptical of this argument (see In re Marriage of Lee & Lin (2019) 41 Cal.App.5th 698 , 702; In re Marriage of Manfer (2006) 144 Cal.App.4th 925, 930 ), but need not resolve the question definitively because, even assuming the allegation is properly treated as one of fact, “not every factual allegation in a complaint automatically constitutes a judicial admission.” (Barsegian v. Kessler & Kessler (2013) 215 Cal.App.4th 446, 451 (Barsegian).) 11 Here, we conclude that the circumstances did not warrant treating Tara’s allegation as a judicial admis

2026(V.S., supra, 97 Cal.App.5th at p. 229.) We are skeptical of this argument (see In re Marriage of Lee & Lin (2019) 41 Cal.App.5th 698 , 702; In re Marriage of Manfer (2006) 144 Cal.App.4th 925, 930 ), but need not resolve the question definitively because, even assuming the allegation is properly treated as one of fact, “not every factual allegation in a complaint automatically constitutes a judicial admission.” (Barsegian v. Kessler & Kessler (2013) 215 Cal.App.4th 446, 451 (Barsegian).) 11 Here, we conclude that the circumstances did not warrant treating Tara’s allegation as a judicial admis

22026–2026
Cahill v. San Diego Gas & Electric Co. green
calctapp · 2011
1 sentence

2023However, even assuming that some of the trial court’s stated reasons were erroneous, “if a judgment is correct on any theory, the appellate court will affirm it regardless of the trial court’s reasoning.” (Cahill v. San Diego Gas & Electric Co. (2011) 194 Cal.App.4th 939, 956 .) 8 V.S. complains that the testimony provided by both experts was “quite frankly, internally inconsistent and contradictory.” 13 is performed.

12023–2023
Mason v. Marriage & Family Center green
calctapp · 1991
1 sentence

1997(Mason v. Marriage & Family Center (1991) 228 Cal.App.3d 537 , 545-546 . . . [mistaken answer to interrogatory does not support summary judgment].)” (11 Cal.App.4th at pp. 1066-1067.) We conclude that neither the judicial admission doctrine nor the D’Amico principle applies herein.

11997–1997

Where else courts name it

TX 19 (1966–2024) IL 10 (1992–2026) CO 7 (1994–2019) CA 5 (1997–2026) AL 3 (1988–2012) KS 2 (1909–2007) UT 2 (2020–2025) WA 2 (1999–1999) KY 2 (1986–1992) TN 2 (1999–1999) IA 2 (2006–2006)

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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