legislature adopted rule (California) · Go Syfert
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legislature adopted rule in California

5 California opinions name it 2 courts 1952–2008 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 (1)

CaseFollowedCited
Estate of Jobsongreen
cal · 1912 · cited in 1 California opinions naming this issue, 1955–1955
2 sentences

1955The Darling case did not, however, represent a settled rule in this state at the time it was decided (see Estate of Jobson, 164 Cal. 312, 317 [ 128 P. 938 , 43 L.R.A.N.S. 1062 ], expressly leaving the question open), and the cases that have followed it were all decided after the Probate Code was enacted.

1955The Darling case did not, however, represent a settled rule in this state at the time it was decided (see Estate of Jobson, 164 Cal. 312, 317 [ 128 P. 938 , 43 L.R.A.N.S. 1062 ], expressly leaving the question open), and the cases that have followed it were all decided after the Probate Code was enacted.

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 (4)

CaseCitedYears
Pritchard v. Sully-Miller Contracting Co. green
calctapp · 1960
1 sentence

2008(Brown, at p. 833.) The Pritchard court “reasoned] that ‘the fact that the city itself deliberately created the dangerous condition dispensed with the necessity of the notice contemplated by [the applicable statute].’ ” (Brown, supra, at p. 833 , quoting Pritchard, supra, at p. 254 .) As we explained in Brown, supra, 4 Cal.4th at pages 834—835, the Legislature adopted the rule of Pritchard, supra, 178 Cal.App.2d 246 , in section 835 when it predicated public entity liability on either notice or negligently creating a dangerous condition of property.

12008–2008
Estevez v. Superior Court green
calctapp · 1994
1 sentence

1998Spencer, P. J., and Vogel (Miriam A.), J., concurred. 1 Undesignated section references, post, are to the Family Code. 2 Reference was made to one other child of Johnson’s. 3 Tate did not seek review of the partial grant of the protective order. 4 The uniform guidelines were enacted to comply with a provision of the federal Aid to Families with Dependent Children Act ( 42 U.S.C. § 667 ) that requires each state to have a single statewide guideline for child support. (§ 4050.) 5 The court found that “. . . it appears the Legislature adopted the rule [of White v. Marciano] when it provided that

11998–1998
City & County of San Francisco v. Workers' Compensation Appeals Board green
cal · 1978
2 sentences

1989Appeals Bd. (Wiebe) (1978) 22 Cal.3d 103 [ 148 Cal.Rptr. 626 , 583 P.2d 151 ].) As noted in Wiebe, supra, 22 Cal. 3d at pages 108-109, the Legislature adopted the presumption in response to “ ‘the persisting cleavage in medical theory itself [citation] as to the relationship between stress, physical exertion and progressive heart disease. [Fn. omitted.]” The court noted the Legislature was faced with a situation in which the fate of a worker’s claim generally did not turn on the facts of the particular employment or heart attack, but rather was decided almost fortuitously on the basis of which

1989Appeals Bd. (Wiebe) (1978) 22 Cal.3d 103 [ 148 Cal.Rptr. 626 , 583 P.2d 151 ].) As noted in Wiebe, supra, 22 Cal. 3d at pages 108-109, the Legislature adopted the presumption in response to “ ‘the persisting cleavage in medical theory itself [citation] as to the relationship between stress, physical exertion and progressive heart disease. [Fn. omitted.]” The court noted the Legislature was faced with a situation in which the fate of a worker’s claim generally did not turn on the facts of the particular employment or heart attack, but rather was decided almost fortuitously on the basis of which

11989–1989
Quevedo v. Superior Court green
calctapp · 1933
2 sentences

1952Although this contention is supported by Quevedo v. Superior Court, 131 Cal.App. 698 [ 21 P.2d 998 ], the court in that case did not consider the analogous rule applicable to partial appeals, and we have concluded that its interpretation of the amendment to the statute was erroneous.

1952Although this contention is supported by Quevedo v. Superior Court, 131 Cal.App. 698 [ 21 P.2d 998 ], the court in that case did not consider the analogous rule applicable to partial appeals, and we have concluded that its interpretation of the amendment to the statute was erroneous.

11952–1952

Where else courts name it

IA 7 (1997–2021) CA 5 (1952–2008) NY 3 (1959–1985) NJ 2 (2004–2012) CT 2 (1997–1999) AZ 2 (2022–2023) OR 2 (2010–2016)

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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