last step analysis (California) · Go Syfert
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last step analysis in California

5 California opinions name it 2 courts 1994–2015 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.

Followed or applied (2)

CaseFollowedCited
Marr. of Evansgreen
calctapp · 2014 · cited in 1 California opinions naming this issue, 2015–2015
1 sentence

2015(Cf. In re Marriage of Evans (2014) 229 Cal.App.4th 374, 380 [plain meaning rule of statutory construction is not absolute; a literal construction should not be adopted if it defeats purpose of the statute or leads to absurd results].) A literal interpretation of the deeds of trust makes sense in this context because it is favorable to the lender—the party that prepared the deed of trust—by making the borrower responsible for investing time and other resources in pursuing the litigation while allowing the lender to benefit from the results achieved by the borrower.8 Thus, a literal interpretat

11
Robinson v. City of Chowchillagreen
calctapp · 2011 · cited in 1 California opinions naming this issue, 2014–2014
1 sentence

2014(Robinson, supra, 202 Cal.App.4th at p. 391 [appellate courts pay particular attention to trial court’s stated reasons for denying fees under § 1021.5].) The trial court made general findings that plaintiffs had an individual stake in the litigation and the litigation resulted in a pecuniary benefit to them.

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
Harris v. Capital Growth Investors XIV red
cal · 1991
2 sentences

2001The last step of our analysis is a consideration of the consequences of allowing the discrimination claim asserted by the Hessians. ( Harris, supra, 52 Cal.3d at p. 1165 , 278 Cal.Rptr. 614 , 805 P.2d 873 .) We believe allowing a discrimination claim of this nature would lead to endless, increasingly frivolous challenges to dress codes and other neutral admission "policies common in many restaurants and retail establishments.

2001The last step of our analysis is a consideration of the consequences of allowing the discrimination claim asserted by the Hessians. ( Harris, supra, 52 Cal.3d at p. 1165 , 278 Cal.Rptr. 614 , 805 P.2d 873 .) We believe allowing a discrimination claim of this nature would lead to endless, increasingly frivolous challenges to dress codes and other neutral admission "policies common in many restaurants and retail establishments.

22001–2001
Mary Jane Wickman v. Northwestern National Insurance Company green
ca1 · 1990
2 sentences

1994Co. v. Kent (6th Cir. 1934) 73 F.2d 685 .) 31 The last step in the analysis is an alternative to the previous step: “Finally, if the fact-finder, in attempting to ascertain the insured’s actual expectation, finds the evidence insufficient to accurately determine the insured’s subjective expectation, the fact-finder should then engage in an objective analysis of the insured’s expectations.” (Wickman, supra, 908 F.2d at p. 1088 .) Yet even though the factfinder would no longer focus in that event on the actual insured but on a hypothetical “reasonable person,” the factfinder must always keep in

1994Co. v. Kent (6th Cir.1934) 73 F.2d 685 .) [31] The last step in the analysis is an alternative to the previous step: "Finally, if the fact-finder, in attempting to ascertain the insured's actual expectation, finds the evidence insufficient to accurately determine the insured's subjective expectation, the fact-finder should then engage in an objective analysis of the insured's expectations." ( Wickman, supra, 908 F.2d at p. 1088 .) Yet even though the factfinder would no longer focus in that event on the actual insured but on a hypothetical "reasonable person," the factfinder must always keep i

11994–1994
ætna Life Ins. Co. v. Kent green
ca6 · 1934
2 sentences

1994Co. v. Kent (6th Cir. 1934) 73 F.2d 685 .) 31 The last step in the analysis is an alternative to the previous step: “Finally, if the fact-finder, in attempting to ascertain the insured’s actual expectation, finds the evidence insufficient to accurately determine the insured’s subjective expectation, the fact-finder should then engage in an objective analysis of the insured’s expectations.” (Wickman, supra, 908 F.2d at p. 1088 .) Yet even though the factfinder would no longer focus in that event on the actual insured but on a hypothetical “reasonable person,” the factfinder must always keep in

1994Co. v. Kent (6th Cir.1934) 73 F.2d 685 .) [31] The last step in the analysis is an alternative to the previous step: "Finally, if the fact-finder, in attempting to ascertain the insured's actual expectation, finds the evidence insufficient to accurately determine the insured's subjective expectation, the fact-finder should then engage in an objective analysis of the insured's expectations." ( Wickman, supra, 908 F.2d at p. 1088 .) Yet even though the factfinder would no longer focus in that event on the actual insured but on a hypothetical "reasonable person," the factfinder must always keep i

11994–1994

Where else courts name it

IA 26 (2016–2026) CA 5 (1994–2015) MI 4 (1973–2023) WI 2 (1988–2025) OR 2 (2024–2026) FL 2 (2004–2012) WA 2 (2014–2024)

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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