reliance upon rule (California) · Go Syfert
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reliance upon rule in California

5 California opinions name it 2 courts 1982–2015 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 (6)

CaseFollowedCited
Melvin L. Johnson v. William Love, Acting Superintendent the Attorney General for the State of Pennsylvaniagreen
ca3 · 1994 · cited in 1 California opinions naming this issue, 2015–2015
2 sentences

2015(Cf. Johnson v. Love (3d Cir. 1994) 40 F.3d 658, 665-667 [finding the trial court erred in ruling that no prima facie case existed].) Notably, Justice Liu does not claim that the record here supported any inference or suspicion of discrimination.

2015(Cf. Johnson v. Love (3d Cir. 1994) 40 F.3d 658, 665-667 [finding the trial court erred in ruling that no prima facie case existed].) Notably, Justice Liu does not claim that the record here supported any inference or suspicion of discrimination.

11
Hernandez v. New Yorkgreen
scotus · 1991 · cited in 1 California opinions naming this issue, 2015–2015
2 sentences

2015(People v. Hernandez (N.Y. 1990) 553 N.Y.S.2d 85, 87 ; Hernandez, supra, 500 U.S. at p. 378 (dis. opn. of Stevens, J.).) Accordingly, as we have previously explained, Hernandez has no application where, as here, the trial court “expressly found that a prima facie case of discrimination was not established.” (Guerra, supra, 37 Cal.4th at p. 1103 ; accord, State v. Allen (La. 2005) 913 So.2d 788, 802 [“the defendant’s reliance upon the rule set forth . . . in Hernandez is misplaced,” since “it is obvious from the district court’s ruling that the defense’s Batson challenge had already failed when

2015(People v. Hernandez (N.Y. 1990) 553 N.Y.S.2d 85, 87 ; Hernandez, supra, 500 U.S. at p. 378 (dis. opn. of Stevens, J.).) Accordingly, as we have previously explained, Hernandez has no application where, as here, the trial court “expressly found that a prima facie case of discrimination was not established.” (Guerra, supra, 37 Cal.4th at p. 1103 ; accord, State v. Allen (La. 2005) 913 So.2d 788, 802 [“the defendant’s reliance upon the rule set forth . . . in Hernandez is misplaced,” since “it is obvious from the district court’s ruling that the defense’s Batson challenge had already failed when

11
State v. Allengreen
la · 2005 · cited in 1 California opinions naming this issue, 2015–2015
2 sentences

2015(People v. Hernandez (N.Y. 1990) 553 N.Y.S.2d 85, 87 ; Hernandez, supra, 500 U.S. at p. 378 (dis. opn. of Stevens, J.).) Accordingly, as we have previously explained, Hernandez has no application where, as here, the trial court “expressly found that a prima facie case of discrimination was not established.” (Guerra, supra, 37 Cal.4th at p. 1103 ; accord, State v. Allen (La. 2005) 913 So.2d 788, 802 [“the defendant’s reliance upon the rule set forth . . . in Hernandez is misplaced,” since “it is obvious from the district court’s ruling that the defense’s Batson challenge had already failed when

2015(People v. Hernandez (1990) 75 N.Y.2d 350 [ 552 N.E.2d 621 , 553 N.Y.S.2d 85, 87 ]; Hernandez, supra, 500 U.S. at p. 378 (dis. opn. of Stevens, J.).) Accordingly, as we have previously explained, Hernandez has no application where, as here, the trial court “expressly found that a prima facie case of discrimination was not established.” ( Guerra, supra, 37 Cal.4th at p. 1103; accord, State v. Allen (La. 2005) 913 So.2d 788, 802 [“the defendant’s reliance upon the rule set forth ... in Hernandez is misplaced,” since “it is obvious from the district court’s ruling that the defense’s Batson challe

11
Brawner v. Stategreen
miss · 2004 · cited in 1 California opinions naming this issue, 2015–2015
2 sentences

2015(People v. Hernandez (N.Y. 1990) 553 N.Y.S.2d 85, 87 ; Hernandez, supra, 500 U.S. at p. 378 (dis. opn. of Stevens, J.).) Accordingly, as we have previously explained, Hernandez has no application where, as here, the trial court “expressly found that a prima facie case of discrimination was not established.” (Guerra, supra, 37 Cal.4th at p. 1103 ; accord, State v. Allen (La. 2005) 913 So.2d 788, 802 [“the defendant’s reliance upon the rule set forth . . . in Hernandez is misplaced,” since “it is obvious from the district court’s ruling that the defense’s Batson challenge had already failed when

2015(People v. Hernandez (1990) 75 N.Y.2d 350 [ 552 N.E.2d 621 , 553 N.Y.S.2d 85, 87 ]; Hernandez, supra, 500 U.S. at p. 378 (dis. opn. of Stevens, J.).) Accordingly, as we have previously explained, Hernandez has no application where, as here, the trial court “expressly found that a prima facie case of discrimination was not established.” ( Guerra, supra, 37 Cal.4th at p. 1103; accord, State v. Allen (La. 2005) 913 So.2d 788, 802 [“the defendant’s reliance upon the rule set forth ... in Hernandez is misplaced,” since “it is obvious from the district court’s ruling that the defense’s Batson challe

11
Johnson v. Californiagreen
scotus · 2005 · cited in 1 California opinions naming this issue, 2015–2015
2 sentences

2015(People v. Hernandez (N.Y. 1990) 553 N.Y.S.2d 85, 87 ; Hernandez, supra, 500 U.S. at p. 378 (dis. opn. of Stevens, J.).) Accordingly, as we have previously explained, Hernandez has no application where, as here, the trial court “expressly found that a prima facie case of discrimination was not established.” (Guerra, supra, 37 Cal.4th at p. 1103 ; accord, State v. Allen (La. 2005) 913 So.2d 788, 802 [“the defendant’s reliance upon the rule set forth . . . in Hernandez is misplaced,” since “it is obvious from the district court’s ruling that the defense’s Batson challenge had already failed when

2015(People v. Hernandez (1990) 75 N.Y.2d 350 [ 552 N.E.2d 621 , 553 N.Y.S.2d 85, 87 ]; Hernandez, supra, 500 U.S. at p. 378 (dis. opn. of Stevens, J.).) Accordingly, as we have previously explained, Hernandez has no application where, as here, the trial court “expressly found that a prima facie case of discrimination was not established.” ( Guerra, supra, 37 Cal.4th at p. 1103; accord, State v. Allen (La. 2005) 913 So.2d 788, 802 [“the defendant’s reliance upon the rule set forth ... in Hernandez is misplaced,” since “it is obvious from the district court’s ruling that the defense’s Batson challe

11
People v. Guerragreen
cal · 2006 · cited in 1 California opinions naming this issue, 2015–2015
2 sentences

2015(People v. Hernandez (N.Y. 1990) 553 N.Y.S.2d 85, 87 ; Hernandez, supra, 500 U.S. at p. 378 (dis. opn. of Stevens, J.).) Accordingly, as we have previously explained, Hernandez has no application where, as here, the trial court “expressly found that a prima facie case of discrimination was not established.” (Guerra, supra, 37 Cal.4th at p. 1103 ; accord, State v. Allen (La. 2005) 913 So.2d 788, 802 [“the defendant’s reliance upon the rule set forth . . . in Hernandez is misplaced,” since “it is obvious from the district court’s ruling that the defense’s Batson challenge had already failed when

2015(People v. Hernandez (1990) 75 N.Y.2d 350 [ 552 N.E.2d 621 , 553 N.Y.S.2d 85, 87 ]; Hernandez, supra, 500 U.S. at p. 378 (dis. opn. of Stevens, J.).) Accordingly, as we have previously explained, Hernandez has no application where, as here, the trial court “expressly found that a prima facie case of discrimination was not established.” ( Guerra, supra, 37 Cal.4th at p. 1103; accord, State v. Allen (La. 2005) 913 So.2d 788, 802 [“the defendant’s reliance upon the rule set forth ... in Hernandez is misplaced,” since “it is obvious from the district court’s ruling that the defense’s Batson challe

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 (6)

CaseCitedYears
Nelsen v. City of Gridley green
calctapp · 1980
2 sentences

1982Whether this section was intended to apply to land publicly held is in dispute, as Nelsett v. City of Gridley (1980) 113 Cal.App.3d 87 [ 169 Cal.Rptr. 757 ], held it was not (see Van Alstyne, Cal. Government Tort Liability Practice (Cont.Ed.Bar 1980) § 3.49, pp. 268-270, in accord); while several other appellate courts have concluded to the contrary.

1982Whether this section was intended to apply to land publicly held is in dispute, as Nelsett v. City of Gridley (1980) 113 Cal.App.3d 87 [ 169 Cal.Rptr. 757 ], held it was not (see Van Alstyne, Cal. Government Tort Liability Practice (Cont.Ed.Bar 1980) § 3.49, pp. 268-270, in accord); while several other appellate courts have concluded to the contrary.

21982–1982
People v. Hernandez green
ny · 1990
2 sentences

2015(People v. Hernandez (1990) 75 N.Y.2d 350 [ 552 N.E.2d 621 , 553 N.Y.S.2d 85, 87 ]; Hernandez, supra, 500 U.S. at p. 378 (dis. opn. of Stevens, J.).) Accordingly, as we have previously explained, Hernandez has no application where, as here, the trial court “expressly found that a prima facie case of discrimination was not established.” ( Guerra, supra, 37 Cal.4th at p. 1103; accord, State v. Allen (La. 2005) 913 So.2d 788, 802 [“the defendant’s reliance upon the rule set forth ... in Hernandez is misplaced,” since “it is obvious from the district court’s ruling that the defense’s Batson challe

2015(People v. Hernandez (1990) 75 N.Y.2d 350 [ 552 N.E.2d 621 , 553 N.Y.S.2d 85, 87 ]; Hernandez, supra, 500 U.S. at p. 378 (dis. opn. of Stevens, J.).) Accordingly, as we have previously explained, Hernandez has no application where, as here, the trial court “expressly found that a prima facie case of discrimination was not established.” ( Guerra, supra, 37 Cal.4th at p. 1103; accord, State v. Allen (La. 2005) 913 So.2d 788, 802 [“the defendant’s reliance upon the rule set forth ... in Hernandez is misplaced,” since “it is obvious from the district court’s ruling that the defense’s Batson challe

12015–2015
State v. Williams green
nc · 1996
2 sentences

2015(People v. Hernandez (N.Y. 1990) 553 N.Y.S.2d 85, 87 ; Hernandez, supra, 500 U.S. at p. 378 (dis. opn. of Stevens, J.).) Accordingly, as we have previously explained, Hernandez has no application where, as here, the trial court “expressly found that a prima facie case of discrimination was not established.” (Guerra, supra, 37 Cal.4th at p. 1103 ; accord, State v. Allen (La. 2005) 913 So.2d 788, 802 [“the defendant’s reliance upon the rule set forth . . . in Hernandez is misplaced,” since “it is obvious from the district court’s ruling that the defense’s Batson challenge had already failed when

2015(People v. Hernandez (1990) 75 N.Y.2d 350 [ 552 N.E.2d 621 , 553 N.Y.S.2d 85, 87 ]; Hernandez, supra, 500 U.S. at p. 378 (dis. opn. of Stevens, J.).) Accordingly, as we have previously explained, Hernandez has no application where, as here, the trial court “expressly found that a prima facie case of discrimination was not established.” ( Guerra, supra, 37 Cal.4th at p. 1103; accord, State v. Allen (La. 2005) 913 So.2d 788, 802 [“the defendant’s reliance upon the rule set forth ... in Hernandez is misplaced,” since “it is obvious from the district court’s ruling that the defense’s Batson challe

12015–2015
Cordova v. 21st Century Insurance green
calctapp · 2005
2 sentences

2005Co. (2005) 129 Cal.App.4th 89 [ 28 Cal.Rptr.3d 170 ] (Cordova). 14 The Cordova court addressed and expressly rejected the contention that the Legislature had any intent at all, in enacting section 340.9, to bar an insured’s reliance upon the doctrine of equitable estoppel.

2005Co. (2005) 129 Cal.App.4th 89 [ 28 Cal.Rptr.3d 170 ] (Cordova). 14 The Cordova court addressed and expressly rejected the contention that the Legislature had any intent at all, in enacting section 340.9, to bar an insured’s reliance upon the doctrine of equitable estoppel.

12005–2005
People v. Arbee green
calctapp · 1983
1 sentence

1989(People v. Arbee, supra, 143 Cal.App.3d at p. 356 ; People v. Berry, supra, 117 Cal.App.3d at p. 198 .) C.

11989–1989
People v. Berry green
calctapp · 1981
1 sentence

1989(People v. Arbee, supra, 143 Cal.App.3d at p. 356 ; People v. Berry, supra, 117 Cal.App.3d at p. 198 .) C.

11989–1989

Where else courts name it

NY 12 (1969–2025) NC 5 (2016–2025) CA 5 (1982–2015) OH 5 (1928–2021) PA 4 (1961–2017) CT 4 (1988–2010) TX 4 (1970–2017) AL 3 (1919–1984) VA 3 (1984–2005) IL 3 (1971–1994) MD 3 (1954–2003) WI 2 (1880–1967) GA 2 (2012–2012) IN 2 (1932–1991) LA 2 (1990–2005) FL 2 (1978–2013)

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.

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