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5 California opinions name it 2 courts 1981–2022 1 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 |
|---|---|---|
Rental Housing Assn. of Northern Alameda County v. City of Oaklandgreen1 sentence2022In order to 16 pass this test “[t]he remaining provisions must stand on their own, unaided by the invalid provisions nor rendered vague by their absence nor inextricably connected to them by policy considerations.” [Citation.]’ [Citations.] The volitional requirement for severability is met if the voters [or legislative body] likely would have adopted the initiative without the invalid provisions. [Citations.]” (MHC Financing Limited Partnership Two v. City of Santee (2005) 125 Cal.App.4th 1372, 1393 ; see also Rental Housing Assn. of Northern Alameda County v. City of Oakland (2009) 171 Cal.A | 1 | 1 |
In Re Portnoygreen2 sentences2005(Pala Band of Mission Indians v. Board of Supervisors (1997) 54 Cal. App ,4th 565, 585 [ 63 Cal.Rptr.2d 148 ]; In re Portnoy (1942) 21 Cal.2d 237, 242 [ 131 P.2d 1 ].) When the ordinance contains a severability clause, an invalid provision is severable if it is grammatically, functionally, and volitionally separable. 2005(Pala Band of Mission Indians v. Board of Supervisors (1997) 54 Cal. App ,4th 565, 585 [ 63 Cal.Rptr.2d 148 ]; In re Portnoy (1942) 21 Cal.2d 237, 242 [ 131 P.2d 1 ].) When the ordinance contains a severability clause, an invalid provision is severable if it is grammatically, functionally, and volitionally separable. | 1 | 1 |
Palos Verdes Shores Mobile Estates, Ltd. v. City of Los Angelesgreen2 sentences1991(See § 17.1-19.) Similarly, in Palos Verdes Shores Mobilehome Estates, Ltd. v. City of Los Angeles (1983) 142 Cal.App.3d 362, 366 [ 190 Cal.Rptr. 866 ], a park owner could obtain an “adjustment in rent” from the community development department “where the landlord shows: [1] 1. 1991(See § 17.1-19.) Similarly, in Palos Verdes Shores Mobilehome Estates, Ltd. v. City of Los Angeles (1983) 142 Cal.App.3d 362, 366 [ 190 Cal.Rptr. 866 ], a park owner could obtain an “adjustment in rent” from the community development department “where the landlord shows: [1] 1. | 1 | 1 |
Metromedia, Inc. v. City of San Diegogreen2 sentences1982Because some noncommercial messages may be conveyed on billboards . . ., San Diego must similarly allow billboards conveying other noncommercial messages . ... ” ( 453 U.S. at p. 515 [ 69 L.Ed.2d at p. 819 ].) 4 In a footnote at the conclusion of the plurality opinion, the Supreme Court explained the task of this court following remand of the case: “Although the ordinance contains a severability clause, determining the meaning and application of that clause is properly the responsibility of the state courts.... 1982Because some noncommercial messages may be conveyed on billboards . . ., San Diego must similarly allow billboards conveying other noncommercial messages . ... ” ( 453 U.S. at p. 515 [ 69 L.Ed.2d at p. 819 ].) 4 In a footnote at the conclusion of the plurality opinion, the Supreme Court explained the task of this court following remand of the case: “Although the ordinance contains a severability clause, determining the meaning and application of that clause is properly the responsibility of the state courts.... | 1 | 1 |
In Re Weisberggreen2 sentences1981Such a clause is persuasive evidence that “the legislature would have passed the act, irrespective of the invalidity of any particular portion thereof.” (In re Weisberg (1932) 215 Cal. 624, 632 [ 12 P.2d 446 ]; see also 5 Witkin, Summary of Cal. Law, § 66.) *90 We conclude that section 2c(3) may be stricken from the ordinance while the remainder stands. 2. 1981Such a clause is persuasive evidence that “the legislature would have passed the act, irrespective of the invalidity of any particular portion thereof.” (In re Weisberg (1932) 215 Cal. 624, 632 [ 12 P.2d 446 ]; see also 5 Witkin, Summary of Cal. Law, § 66.) *90 We conclude that section 2c(3) may be stricken from the ordinance while the remainder stands. 2. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in California. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
MHC Financing Limited Partnership Two v. City of Santee
green
1 sentence2022In order to 16 pass this test “[t]he remaining provisions must stand on their own, unaided by the invalid provisions nor rendered vague by their absence nor inextricably connected to them by policy considerations.” [Citation.]’ [Citations.] The volitional requirement for severability is met if the voters [or legislative body] likely would have adopted the initiative without the invalid provisions. [Citations.]” (MHC Financing Limited Partnership Two v. City of Santee (2005) 125 Cal.App.4th 1372, 1393 ; see also Rental Housing Assn. of Northern Alameda County v. City of Oakland (2009) 171 Cal.A | 1 | 2022–2022 |
Pala Band of Mission Indians v. Bd. of Supervisors of San Diego Cty.
green
1 sentence2005(Pala Band of Mission Indians v. Board of Supervisors (1997) 54 Cal. App ,4th 565, 585 [ 63 Cal.Rptr.2d 148 ]; In re Portnoy (1942) 21 Cal.2d 237, 242 [ 131 P.2d 1 ].) When the ordinance contains a severability clause, an invalid provision is severable if it is grammatically, functionally, and volitionally separable. | 1 | 2005–2005 |
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.