parity of reasoning exception (California) · Go Syfert
← California issues

parity of reasoning exception in California

5 California opinions name it 1 courts 1972–2003 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 (4)

CaseFollowedCited
Kachig v. Boothegreen
calctapp · 1971 · cited in 3 California opinions naming this issue, 1972–2003
2 sentences

2003Since there is no exception to the privilege when the testimony is perjured, by a parity of reasoning no exception should apply to the preparation and presentation of false documentary evidence.”]; Kachig v. Boothe (1971) 22 Cal.App.3d 626 [ 99 Cal.Rptr. 393 ] [litigation privilege protected peijury, as well as manufactured evidence].) Moreover, the presence or absence of malice or good or bad faith is irrelevant to the inquiry whether the litigation privilege is applicable.

2003Since there is no exception to the privilege when the testimony is perjured, by a parity of reasoning no exception should apply to the preparation and presentation of false documentary evidence.”]; Kachig v. Boothe (1971) 22 Cal.App.3d 626 [ 99 Cal.Rptr. 393 ] [litigation privilege protected peijury, as well as manufactured evidence].) Moreover, the presence or absence of malice or good or bad faith is irrelevant to the inquiry whether the litigation privilege is applicable.

13
Pettitt v. Levygreen
calctapp · 1972 · cited in 2 California opinions naming this issue, 2003–2003
2 sentences

2003Since there is no exception to the privilege when the testimony is perjured, by a parity of reasoning no exception should apply to the preparation and presentation of false documentary evidence."]; Kachig v. Boothe (1971) 22 Cal.App.3d 626 , 99 Cal.Rptr. 393 [litigation privilege protected perjury, as well as manufactured evidence].) Moreover, the presence or absence of malice or good or bad faith is irrelevant to the inquiry whether the litigation privilege is applicable. ( Silberg v. Anderson, supra, 50 Cal.3d 205, 216 , 266 Cal.Rptr. 638 , 786 P.2d 365 ["it must be concluded that the `witho

2003Since there is no exception to the privilege when the testimony is perjured, by a parity of reasoning no exception should apply to the preparation and presentation of false documentary evidence."]; Kachig v. Boothe (1971) 22 Cal.App.3d 626 , 99 Cal.Rptr. 393 [litigation privilege protected perjury, as well as manufactured evidence].) Moreover, the presence or absence of malice or good or bad faith is irrelevant to the inquiry whether the litigation privilege is applicable. ( Silberg v. Anderson, supra, 50 Cal.3d 205, 216 , 266 Cal.Rptr. 638 , 786 P.2d 365 ["it must be concluded that the `witho

12
Silberg v. Andersongreen
cal · 1990 · cited in 2 California opinions naming this issue, 2003–2003
2 sentences

2003Since there is no exception to the privilege when the testimony is perjured, by a parity of reasoning no exception should apply to the preparation and presentation of false documentary evidence."]; Kachig v. Boothe (1971) 22 Cal.App.3d 626 , 99 Cal.Rptr. 393 [litigation privilege protected perjury, as well as manufactured evidence].) Moreover, the presence or absence of malice or good or bad faith is irrelevant to the inquiry whether the litigation privilege is applicable. ( Silberg v. Anderson, supra, 50 Cal.3d 205, 216 , 266 Cal.Rptr. 638 , 786 P.2d 365 ["it must be concluded that the `witho

2003Since there is no exception to the privilege when the testimony is perjured, by a parity of reasoning no exception should apply to the preparation and presentation of false documentary evidence."]; Kachig v. Boothe (1971) 22 Cal.App.3d 626 , 99 Cal.Rptr. 393 [litigation privilege protected perjury, as well as manufactured evidence].) Moreover, the presence or absence of malice or good or bad faith is irrelevant to the inquiry whether the litigation privilege is applicable. ( Silberg v. Anderson, supra, 50 Cal.3d 205, 216 , 266 Cal.Rptr. 638 , 786 P.2d 365 ["it must be concluded that the `witho

12
Agostini v. Stryculagreen
calctapp · 1965 · cited in 1 California opinions naming this issue, 1972–1972
2 sentences

1972(Agostini v. Strycula (1965) 231 Cal.App.2d 804, 808 [ 42 Cal.Rptr. 314 ]; Kachig v. Boothe, supra, 22 Cal.App.3d at p. 641.) Appellants point to the language of Albertson v. Raboff, supra, 46 Cal.2d 375 , at page 380, to the effect that the privilege applies to any publication that is “permitted” by law, as inferentially denying the privilege to false documents.

1972(Agostini v. Strycula (1965) 231 Cal.App.2d 804, 808 [ 42 Cal.Rptr. 314 ]; Kachig v. Boothe, supra, 22 Cal.App.3d at p. 641.) Appellants point to the language of Albertson v. Raboff, supra, 46 Cal.2d 375 , at page 380, to the effect that the privilege applies to any publication that is “permitted” by law, as inferentially denying the privilege to false documents.

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
Albertson v. Raboff green
cal · 1956
2 sentences

2003Since there is no exception to the privilege when the testimony is perjured, by a parity of reasoning no exception should apply to the preparation and presentation of false documentary evidence."]; Kachig v. Boothe (1971) 22 Cal.App.3d 626 , 99 Cal.Rptr. 393 [litigation privilege protected perjury, as well as manufactured evidence].) Moreover, the presence or absence of malice or good or bad faith is irrelevant to the inquiry whether the litigation privilege is applicable. ( Silberg v. Anderson, supra, 50 Cal.3d 205, 216 , 266 Cal.Rptr. 638 , 786 P.2d 365 ["it must be concluded that the `witho

2003Since there is no exception to the privilege when the testimony is perjured, by a parity of reasoning no exception should apply to the preparation and presentation of false documentary evidence."]; Kachig v. Boothe (1971) 22 Cal.App.3d 626 , 99 Cal.Rptr. 393 [litigation privilege protected perjury, as well as manufactured evidence].) Moreover, the presence or absence of malice or good or bad faith is irrelevant to the inquiry whether the litigation privilege is applicable. ( Silberg v. Anderson, supra, 50 Cal.3d 205, 216 , 266 Cal.Rptr. 638 , 786 P.2d 365 ["it must be concluded that the `witho

31972–2003
Ribas v. Clark green
cal · 1985
2 sentences

1986In Ribas v. Clark (1985) 38 Cal.3d 355 [ 212 Cal.Rptr. 143 , 696 P.2d 637 ], the court showed no hesitation in applying the privilege to testimony in a judicial proceeding.

1986In Ribas v. Clark (1985) 38 Cal.3d 355 [ 212 Cal.Rptr. 143 , 696 P.2d 637 ], the court showed no hesitation in applying the privilege to testimony in a judicial proceeding.

11986–1986
People v. Breland green
calctapp · 1966
1 sentence

1985“If . . . the risk of harassment through both a misdemeanor and felony prosecution may be outweighed by the risk that a defendant guilty of a felony may escape proper punishment, as is true in the present case, by a parity of reasoning the rule against multiple punishment is satisfied by a provision in the judgment that the defendant be given credit for the time served pursuant to the sentence imposed in the misdemeanor case.” (People v. Breland, supra, 243 Cal.App.2d at p. 652 .) Respondent also urges that Wilson and Breland are not controlling here because the victim was in critical conditio

11985–1985

← Caselaw search · G Cite Topics · Brief Check