5 California opinions name it 3 courts 1957–2017 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 |
|---|---|---|
Life v. County of Los Angelesgreen2 sentences2017The attorney explained to the employee that she needed information about presenting "a medical malpractice claim to the County," and the employee informed the attorney that the claim should be addressed to "the Medical Center, to the attention of the 'legal department.' " The attorney promptly did so. ( Id . at p. 897, 278 Cal.Rptr. 196 ) The trial court granted the County of Los Angeles's motion for summary judgment, and the appellate court affirmed. 2017It determined that filing a claim with the center's legal department did not satisfy the requirements set forth in Government Code section 915, which requires the claim to be presented or received by the appropriate official or board of the County. ( Id . at pp. 899-900, 278 Cal.Rptr. 196 .) The court concluded that estoppel did not apply because it was not reasonable for the attorney to rely on an unnamed clerk's advice to file a government claim for damages against the County with the medical center's legal department, when section 915 clearly provides that such a claim must be filed with th | 1 | 1 |
In Re Anna S.green1 sentence2014(In re Anna S. (2010) 180 Cal.App.4th 1489, 1493 [appellate order, contained in disposition, does not become effective until the remittitur issues].) We conclude that the appeal is timely. | 1 | 1 |
Kinlaw v. State of Californiagreen2 sentences1997(Kinlaw, supra, 54 Cal.3d at p. 330, fn. 2 .) Alameda County subsequently filed a claim on November 30, 1987, but the Commission rejected it because of the pending Los Angeles claim. 1997(Kinlaw, supra, 54 Cal.3d at p. 330, fn. 2 .) Alameda County subsequently filed a claim on November 30, 1987, but the Commission rejected it because of the pending Los Angeles claim. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in California. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Zamora v. Clayborn Contracting Group, Inc.
green
1 sentence2014(See Romadka, supra, 232 Cal.App.3d at p. 1237 .) Rather, the client, in the interests of justice, should be ‘given an opportunity to have’ his ‘respective rights . . . tried and adjudicated.’ [Citations.]” (Zamora v. Clayborn Contracting Group, Inc. (2002) 28 Cal.4th 249, 260 .) 12 DISPOSITION The order of dismissal, the January 2009 order on stipulation, and the stipulation of January 22, 2009 are vacated and the matter remanded to the trial court. | 1 | 2014–2014 |
Whittier Union High School District v. Superior Court of Los Angeles County
green
2 sentences2014They cite Whittier, supra, 66 Cal.App.3d at p. 509 , for the proposition that an action to vacate an unauthorized dismissal “requires strong and convincing proof, and the longer the delay in the application for relief the stronger and more convincing the actual proof should be.” While this is an accurate quotation from Whittier, the disposition of that case does not support the position taken by the Los Angeles defendants. 2014They cite Whittier, supra, 66 Cal.App.3d at p. 509 , for the proposition that an action to vacate an unauthorized dismissal “requires strong and convincing proof, and the longer the delay in the application for relief the stronger and more convincing the actual proof should be.” While this is an accurate quotation from Whittier, the disposition of that case does not support the position taken by the Los Angeles defendants. | 1 | 2014–2014 |
Davidson v. Superior Court
green
1 sentence2014(Id. at p. 611.) The case did not involve unauthorized conduct by an attorney where the evidence before the court is that the client did not know of the action and did not consent to, authorize, or ratify it. 11 “There is a rebuttable presumption that an attorney has authority to settle a case on behalf of his or her client. [Citations.]” (Davidson v. Superior Court (1999) 70 Cal.App.4th 514, 538 .) The Los Angeles defendants argue that plaintiff “presented no evidence he expressly prohibited Mr. Duren from obtaining the desired continuance by tying the Los Angeles claims to those of Pasadena. | 1 | 2014–2014 |
Cal-State Business Products & Services, Inc. v. Ricoh
green
1 sentence2014(Cal-State, supra, 12 Cal.App.4th at p. 1677 .) Here they are not only different, but the Utah forum selection clause is far broader than the Los Angeles clause that concerns only the payment of the $7,000 purchase price. | 1 | 2014–2014 |
Romadka v. Hoge
green
1 sentence2014(See Romadka, supra, 232 Cal.App.3d at p. 1237 .) Rather, the client, in the interests of justice, should be ‘given an opportunity to have’ his ‘respective rights . . . tried and adjudicated.’ [Citations.]” (Zamora v. Clayborn Contracting Group, Inc. (2002) 28 Cal.4th 249, 260 .) 12 DISPOSITION The order of dismissal, the January 2009 order on stipulation, and the stipulation of January 22, 2009 are vacated and the matter remanded to the trial court. | 1 | 2014–2014 |
Ripani v. Liberty Loan Corp.
green
1 sentence2014In support of this argument, they cite Ripani v. Liberty Loan Corp. (1979) 95 Cal.App.3d 603 (Ripani). | 1 | 2014–2014 |
Hagan v. Gilbert
green
2 sentences1957They cited in support of this position the case of Hagan v. Gilbert, 83 Cal.App.2d 570 [ 189 P.2d 548 ], which stated that “When a nonresident defendant is entitled to a change of venue upon one cause of action stated in a complaint, he may not be deprived of that right because plaintiff included other causes of action in the same complaint upon which such defendant is not entitled to a change of venue.” The Supreme Court pointed out that this proposition had been stated in cases involving the joinder of local and transitory causes of action or the contract exception to the general venue provi 1957They cited in support of this position the case of Hagan v. Gilbert, 83 Cal.App.2d 570 [ 189 P.2d 548 ], which stated that “When a nonresident defendant is entitled to a change of venue upon one cause of action stated in a complaint, he may not be deprived of that right because plaintiff included other causes of action in the same complaint upon which such defendant is not entitled to a change of venue.” The Supreme Court pointed out that this proposition had been stated in cases involving the joinder of local and transitory causes of action or the contract exception to the general venue provi | 1 | 1957–1957 |