Already have an account? Sign in instead.
You stay signed in for 30 days on this browser.
Continue with Google Continue with MicrosoftNo account yet? Create a free one.
We sent a six-digit code.
It expires in ten minutes, works once, and only in this browser. Five wrong tries void it. Send another code.
Your account is live and the Cloudflare checks are off for this browser.
5 California opinions name it 2 courts 1999–2021 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 |
|---|---|---|
Union Collection Co. v. Buckmangreen2 sentences2018To the extent it holds that there is no consideration for the release of an invalid claim, the opinion does not hold that a released claim must be absolutely valid, but rather that it must be at least "colorable." ( Orange County Foundation , supra , 139 Cal.App.3d at p. 200 , 188 Cal.Rptr. 552 .) While we will address defendants' legal malpractice assertions in more detail below, suffice it to say we have little difficulty in concluding that MMB possessed at least a "colorable claim" to its fees. 7 Union Collection Co. v. Buckman (1907) 150 Cal. 159 , 164, 88 P. 708 ( Buckman ) (cited to by O 2018To the extent it holds that there is no consideration for the release of an invalid claim, the opinion does not hold that a released claim must be absolutely valid, but rather that it must be at least "colorable." ( Orange County Foundation , supra , 139 Cal.App.3d at p. 200 , 188 Cal.Rptr. 552 .) While we will address defendants' legal malpractice assertions in more detail below, suffice it to say we have little difficulty in concluding that MMB possessed at least a "colorable claim" to its fees. 7 Union Collection Co. v. Buckman (1907) 150 Cal. 159 , 164, 88 P. 708 ( Buckman ) (cited to by O | 2 | 2 |
Coast Central Credit Union v. Superior Courtgreen1 sentence1999(Id. at pp. 1657-1658; see also Coast Central Credit Union v. Superior Court, supra, 209 Cal.App.3d 703, 711 ; Electric Supplies Distributing Co. v. Imperial Hot Mineral Spa (1981) 122 Cal.App.3d 131, 135-136 [ 175 Cal.Rptr. 644 ]; Cal. Mechanic’s Liens and Other Remedies (Cont.Ed.Bar 2d ed. 1988) § 2.30, p. 88 [“[t]he most likely interpretation [of the meaning of section 3144, subdivision (b)] is that the expiration *1445 of the 90-day period results in expiration of the mechanics’ lien created by that particular lien claim, but does not terminate the claimant’s lien rights”].) In our view, t | 1 | 1 |
Electric Supplies Distributing Co. v. Imperial Hot Mineral Spagreen2 sentences1999(Id. at pp. 1657-1658; see also Coast Central Credit Union v. Superior Court, supra, 209 Cal.App.3d 703, 711 ; Electric Supplies Distributing Co. v. Imperial Hot Mineral Spa (1981) 122 Cal.App.3d 131, 135-136 [ 175 Cal.Rptr. 644 ]; Cal. Mechanic’s Liens and Other Remedies (Cont.Ed.Bar 2d ed. 1988) § 2.30, p. 88 [“[t]he most likely interpretation [of the meaning of section 3144, subdivision (b)] is that the expiration *1445 of the 90-day period results in expiration of the mechanics’ lien created by that particular lien claim, but does not terminate the claimant’s lien rights”].) In our view, t 1999(Id. at pp. 1657-1658; see also Coast Central Credit Union v. Superior Court, supra, 209 Cal.App.3d 703, 711 ; Electric Supplies Distributing Co. v. Imperial Hot Mineral Spa (1981) 122 Cal.App.3d 131, 135-136 [ 175 Cal.Rptr. 644 ]; Cal. Mechanic’s Liens and Other Remedies (Cont.Ed.Bar 2d ed. 1988) § 2.30, p. 88 [“[t]he most likely interpretation [of the meaning of section 3144, subdivision (b)] is that the expiration *1445 of the 90-day period results in expiration of the mechanics’ lien created by that particular lien claim, but does not terminate the claimant’s lien rights”].) In our view, t | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in California. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Orange County Foundation v. Irvine Co.
green
2 sentences2018To the extent it holds that there is no consideration for the release of an invalid claim, the opinion does not hold that a released claim must be absolutely valid, but rather that it must be at least "colorable." ( Orange County Foundation , supra , 139 Cal.App.3d at p. 200 , 188 Cal.Rptr. 552 .) While we will address defendants' legal malpractice assertions in more detail below, suffice it to say we have little difficulty in concluding that MMB possessed at least a "colorable claim" to its fees. 7 Union Collection Co. v. Buckman (1907) 150 Cal. 159 , 164, 88 P. 708 ( Buckman ) (cited to by O 2018To the extent it holds that there is no consideration for the release of an invalid claim, the opinion does not hold that a released claim must be absolutely valid, but rather that it must be at least "colorable." ( Orange County Foundation , supra , 139 Cal.App.3d at p. 200 , 188 Cal.Rptr. 552 .) While we will address defendants' legal malpractice assertions in more detail below, suffice it to say we have little difficulty in concluding that MMB possessed at least a "colorable claim" to its fees. 7 Union Collection Co. v. Buckman (1907) 150 Cal. 159 , 164, 88 P. 708 ( Buckman ) (cited to by O | 2 | 2018–2018 |
Hesse v. Sprint Corp.
green
1 sentence2021The inclusion of this term appears to be an oversight by the settling parties. 14 (See, e.g., Hesse v. Sprint Corp. (9th Cir. 2010) 598 F.3d 581, 590-591 , italics added; 6 Newberg on Class Actions (5th ed. 2021) § 18:19.) “‘Put another way, a release of claims that “go beyond the scope of the allegations in the operative complaint” is impermissible.’” (Marshall v. Northrop Grumman Corp. (C.D. | 1 | 2021–2021 |
Conlin v. Board of Supervisors
green
1 sentence2018(Conlin v. Board of Supervisors (1893) 99 Cal. 17 , 21–22.) “An appropriation of money by the legislature for the relief of one who has no legal claim therefor must be regarded as a gift within the meaning of that term, as used in this section, and it is none the less a gift that a sufficient motive appears for its appropriation, if the motive does not rest upon a valid consideration.” (Id. at p. 22.) 12 assertions in more detail below, suffice it to say we have little difficulty in concluding that MMB possessed at least a “colorable claim” to its fees.7 Union Collection Co. v. Buckman (1907) | 1 | 2018–2018 |
Sime v. Malouf
green
2 sentences2008Every day that Myerchin delayed in his rescission—while simultaneously refusing to dismiss his original complaint—is a day that Family Benefits was denied the benefit of its bargain. 4 As explained some time ago in Sime v. Malouf (1949) 95 Cal.App.2d 82 [ 212 P.2d 946 ] (Sime), when a plaintiff seeks to rescind a settlement agreement, he must effectuate that rescission before he is free to pursue the released claim. “[P]laintiff must restore what he has received in settlement of the disputed claim before suing upon it. 2008Every day that Myerchin delayed in his rescission—while simultaneously refusing to dismiss his original complaint—is a day that Family Benefits was denied the benefit of its bargain. 4 As explained some time ago in Sime v. Malouf (1949) 95 Cal.App.2d 82 [ 212 P.2d 946 ] (Sime), when a plaintiff seeks to rescind a settlement agreement, he must effectuate that rescission before he is free to pursue the released claim. “[P]laintiff must restore what he has received in settlement of the disputed claim before suing upon it. | 1 | 2008–2008 |
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.