5 California opinions name it 2 courts 1995–2023 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 |
|---|---|---|
Tsemetzin v. Coast Federal Savings & Loan Ass'ngreen2 sentences2016(Tsemetzin v. Coast Federal Savings & Loan Assn. (1997) 57 Cal.App.4th 1334, 1341, fn. 6 [ 67 Cal.Rptr.2d 726 ].) “It makes no difference that the issue was first raised on appeal by the court rather than the parties, as long as the parties have been given a reasonable opportunity to address it.” (Ibid.) The attorney fee issue we are now considering falls within this exception. 2016(Tsemetzin v. Coast Federal Savings & Loan Assn. (1997) 57 Cal.App.4th 1334, 1341, fn. 6 .) "It makes no difference that the issue was first raised on appeal by the court rather than the parties, as long as the parties have been given a reasonable opportunity to address it"—which they have, in their supplemental briefs. | 3 | 3 |
WOODWARD PARK HOMEOWNERS v. City of Fresnogreen2 sentences2016(See Reyes v. Kosha (1998) 65 Cal.App.4th 451, 466, fn. 6 [ 76 Cal.Rptr.2d 457 ].) However, ‘“[i]t is important to remember . . . that the purpose of this general rule is to give the trial court and parties an opportunity to correct an error that could be corrected by some means short of an opposite outcome in the trial court.” (Woodward Park Homeowners Assn., Inc. v. City of Fresno (2007) 150 Cal.App.4th 683, 712 [ 58 Cal.Rptr.3d 102 ] (Woodward Park).) Thus, as an exception to this general rule, the appellate court has discretion to consider an issue raised for the first time on appeal where 2016(See Brandwein v. Butler (2013) 218 Cal.App.4th 1485, 1519 .) However, "[i]t is important to remember . . . that the purpose of this general rule is to give the trial court and parties an opportunity to correct an error that could be corrected by some means short of an opposite outcome in the trial court." (Woodward Park Homeowners Assn., Inc. v. City of Fresno (2007) 150 Cal.App.4th 683, 712 .) As an exception to the general rule, the appellate court has discretion to consider issues raised for the first time on appeal where the relevant facts are undisputed and could not have been altered by | 2 | 3 |
Brandwein v. Butler CA4/1green2 sentences2016(See Brandwein v. Butler (2013) 218 Cal.App.4th 1485, 1519 .) However, "[i]t is important to remember . . . that the purpose of this general rule is to give the trial court and parties an opportunity to correct an error that could be corrected by some means short of an opposite outcome in the trial court." (Woodward Park Homeowners Assn., Inc. v. City of Fresno (2007) 150 Cal.App.4th 683, 712 .) As an exception to the general rule, the appellate court has discretion to consider issues raised for the first time on appeal where the relevant facts are undisputed and could not have been altered by 2016(See Brandwein v. Butler (2013) 218 Cal.App.4th 1485, 1519 [ 161 Cal.Rptr.3d 728 ].) However, “[i]t is important to remember . . . that the purpose of this general rule is to give the trial court and parties an opportunity to correct an error that could be corrected by some means short of an opposite outcome in the trial court.” (Woodward Park Homeowners Assn., Inc. v. City of Fresno (2007) 150 Cal.App.4th 683, 712 [ 58 Cal.Rptr.3d 102 ].) *646 As an exception to the general rule, the appellate court has discretion to consider issues raised for the first time on appeal where the relevant facts | 1 | 2 |
Reyes v. Koshagreen2 sentences2016(See Reyes v. Kosha (1998) 65 Cal.App.4th 451, 466, fn. 6 [ 76 Cal.Rptr.2d 457 ].) However, ‘“[i]t is important to remember . . . that the purpose of this general rule is to give the trial court and parties an opportunity to correct an error that could be corrected by some means short of an opposite outcome in the trial court.” (Woodward Park Homeowners Assn., Inc. v. City of Fresno (2007) 150 Cal.App.4th 683, 712 [ 58 Cal.Rptr.3d 102 ] (Woodward Park).) Thus, as an exception to this general rule, the appellate court has discretion to consider an issue raised for the first time on appeal where 2016(See Reyes v. Kosha (1998) 65 Cal.App.4th 451, 466, fn. 6 [ 76 Cal.Rptr.2d 457 ].) However, ‘“[i]t is important to remember . . . that the purpose of this general rule is to give the trial court and parties an opportunity to correct an error that could be corrected by some means short of an opposite outcome in the trial court.” (Woodward Park Homeowners Assn., Inc. v. City of Fresno (2007) 150 Cal.App.4th 683, 712 [ 58 Cal.Rptr.3d 102 ] (Woodward Park).) Thus, as an exception to this general rule, the appellate court has discretion to consider an issue raised for the first time on appeal where | 1 | 1 |
Haldeman v. Boise Cascadegreen1 sentence1995Plainly, "[i]n enacting section 664.6, had the Legislature intended `parties' to have a meaning other than this commonly understood meaning, it could and would have provided so in the statute." ( Haldeman v. Boise Cascade, supra, 176 Cal. App.3d at p. 234, citing People v. Rodriguez (1984) 160 Cal. App.3d 207, 213 [ 206 Cal. Rptr. 563 ].) The majority purports to draw upon "the circumstances preceding and surrounding the enactment of section 664.6." (Maj. opn., ante, at p. 584.) The only "circumstance" the majority cites, however, is the existence in 1981 of "conflicting views concerning the p | 1 | 1 |
People v. Rodriguezgreen2 sentences1995Plainly, "[i]n enacting section 664.6, had the Legislature intended `parties' to have a meaning other than this commonly understood meaning, it could and would have provided so in the statute." ( Haldeman v. Boise Cascade, supra, 176 Cal. App.3d at p. 234, citing People v. Rodriguez (1984) 160 Cal. App.3d 207, 213 [ 206 Cal. Rptr. 563 ].) The majority purports to draw upon "the circumstances preceding and surrounding the enactment of section 664.6." (Maj. opn., ante, at p. 584.) The only "circumstance" the majority cites, however, is the existence in 1981 of "conflicting views concerning the p 1995Plainly, "[i]n enacting section 664.6, had the Legislature intended `parties' to have a meaning other than this commonly understood meaning, it could and would have provided so in the statute." ( Haldeman v. Boise Cascade, supra, 176 Cal. App.3d at p. 234, citing People v. Rodriguez (1984) 160 Cal. App.3d 207, 213 [ 206 Cal. Rptr. 563 ].) The majority purports to draw upon "the circumstances preceding and surrounding the enactment of section 664.6." (Maj. opn., ante, at p. 584.) The only "circumstance" the majority cites, however, is the existence in 1981 of "conflicting views concerning the p | 1 | 1 |
People v. Bellecigreen2 sentences1995Instead, the majority purports to examine "the statutory context in which ["parties"] is used." (Maj. opn., ante, at p. 583.) Yet section 664.6's statutory context actually supports the broader construction of "parties" I favor, not the majority's construction. *591 The general signature requirement for court papers in California is that "[e]very pleading, petition, written notice of motion, or other similar paper shall be signed by at least one attorney of record in the attorney's individual name...." (§ 128.7, subd. (a).) For the purpose of this general requirement, only "if the party is not 1995Instead, the majority purports to examine "the statutory context in which ["parties"] is used." (Maj. opn., ante, at p. 583.) Yet section 664.6's statutory context actually supports the broader construction of "parties" I favor, not the majority's construction. *591 The general signature requirement for court papers in California is that "[e]very pleading, petition, written notice of motion, or other similar paper shall be signed by at least one attorney of record in the attorney's individual name...." (§ 128.7, subd. (a).) For the purpose of this general requirement, only "if the party is not | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in California. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Duran v. Obesity Research Institute CA4/1
green
1 sentence2023This claim is forfeited. “[I]n general, an appellate court will not review an issue that was not raised by some proper method in the trial court. [Citation.] However, ‘[i]t is important to 3 remember . . . that the purpose of this general rule is to give the trial court and parties an opportunity to correct an error that could be corrected by some means short of an opposite outcome in the trial court.’ [Citation.] [¶] As an exception to the general rule, the appellate court has discretion to consider issues raised for the first time on appeal where the relevant facts are undisputed and could n | 1 | 2023–2023 |
Diaz v. May
green
2 sentences1995(Ibid.) The majority acknowledges “the term ‘party,’ as used in a number of our civil procedure statutes, is commonly understood to mean not only the actual litigant, but also the litigant’s attorney of record.” (Maj. opn., ante, at p. 583, citing §§ 437c [“[a]ny party may move for summary judgment”], 438, subd. (b)(1) [“[a] party may move for judgment on the pleadings”], 2017, subd. (a) [“any party may obtain discovery”].) In fact, “ ‘[c]ountless other examples of use of the terms “party” or “parties” appear in our statutes, and it is understood universally that the terms are intended to incl 1995Instead, the majority purports to examine "the statutory context in which ["parties"] is used." (Maj. opn., ante, at p. 583.) Yet section 664.6's statutory context actually supports the broader construction of "parties" I favor, not the majority's construction. *591 The general signature requirement for court papers in California is that "[e]very pleading, petition, written notice of motion, or other similar paper shall be signed by at least one attorney of record in the attorney's individual name...." (§ 128.7, subd. (a).) For the purpose of this general requirement, only "if the party is not | 1 | 1995–1995 |
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.