restrictive federal rule (California) · Go Syfert
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restrictive federal rule in California

5 California opinions name it 3 courts 1975–2017 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
Morillion v. Royal Packing Co.green
cal · 2000 · cited in 2 California opinions naming this issue, 2017–2017
2 sentences

2017If, for example, the time allowed is 15 minutes but the activity takes 25 minutes, the time to be added to other working time would be limited to 15 minutes." (Italics added.) California law, as embodied in various wage orders, including Wage Order 4, applies a broader standard, requiring compensation when an employee is subject to the control of an employer. ( Mendiola , supra , 60 Cal.4th at pp. 839-840, 182 Cal.Rptr.3d 124 , 340 P.3d 355 ; Morillion v. Royal Packing Co. (2000) 22 Cal.4th 575 , 578-579, 588-594, 94 Cal.Rptr.2d 3 , 995 P.2d 139 ( Morillion ).) Plaintiffs contend they are subj

2017If, for example, the time allowed is 15 minutes but the activity takes 25 minutes, the time to be added to other working time would be limited to 15 minutes." (Italics added.) California law, as embodied in various wage orders, including Wage Order 4, applies a broader standard, requiring compensation when an employee is subject to the control of an employer. ( Mendiola , supra , 60 Cal.4th at pp. 839-840, 182 Cal.Rptr.3d 124 , 340 P.3d 355 ; Morillion v. Royal Packing Co. (2000) 22 Cal.4th 575 , 578-579, 588-594, 94 Cal.Rptr.2d 3 , 995 P.2d 139 ( Morillion ).) Plaintiffs contend they are subj

12
Blair v. Pitchessgreen
cal · 1971 · cited in 1 California opinions naming this issue, 1975–1975
2 sentences

1975Past cases make clear that under section 526a “no showing of special damage to the particular taxpayer [is] necessary” (e.g., Crowe v. Boyle (1920) 184 Cal. 117, 152 [ 193 P. 111 ]); indeed, as we recently stated in Blair v. Pitchess (1971) 5 Cal.3d 258, 267-268 [ 96 Cal.Rptr. 42 , 486 P.2d 1242 , 45 A.L.R.3d 1206 ], “[t]he primary purpose of [section 526a] ... is to ‘enable a large body of the *765 citizenry to challenge governmental action which would otherwise go unchallenged in the courts because of the standing requirement.’ [Citation.]” Thus, we must proceed to the merits of this case an

1975Past cases make clear that under section 526a “no showing of special damage to the particular taxpayer [is] necessary” (e.g., Crowe v. Boyle (1920) 184 Cal. 117, 152 [ 193 P. 111 ]); indeed, as we recently stated in Blair v. Pitchess (1971) 5 Cal.3d 258, 267-268 [ 96 Cal.Rptr. 42 , 486 P.2d 1242 , 45 A.L.R.3d 1206 ], “[t]he primary purpose of [section 526a] ... is to ‘enable a large body of the *765 citizenry to challenge governmental action which would otherwise go unchallenged in the courts because of the standing requirement.’ [Citation.]” Thus, we must proceed to the merits of this case an

11
Laird v. Tatumgreen
scotus · 1972 · cited in 1 California opinions naming this issue, 1975–1975
2 sentences

1975Neither case reaches the question of the constitutionality of the actual intelligence-gathering operation at issue; as the Laird court stated in summarizing its holding: “[O]ur conclusion is a narrow one, namely, that on this record the respondents have not presented a case for resolution by the [federal] courts.” ( 408 U.S. at p. 15 [ 33 L.Ed.2d at p. 164 ].) As explained above, the principles of justiciability in taxpayer’s suits under section 526a differ fundamentally from the restrictive federal doctrine articulated in Laird .

1975Neither case reaches the question of the constitutionality of the actual intelligence-gathering operation at issue; as the Laird court stated in summarizing its holding: “[O]ur conclusion is a narrow one, namely, that on this record the respondents have not presented a case for resolution by the [federal] courts.” ( 408 U.S. at p. 15 [ 33 L.Ed.2d at p. 164 ].) As explained above, the principles of justiciability in taxpayer’s suits under section 526a differ fundamentally from the restrictive federal doctrine articulated in Laird .

11
Crowe v. Boylegreen
cal · 1920 · cited in 1 California opinions naming this issue, 1975–1975
2 sentences

1975Past cases make clear that under section 526a “no showing of special damage to the particular taxpayer [is] necessary” (e.g., Crowe v. Boyle (1920) 184 Cal. 117, 152 [ 193 P. 111 ]); indeed, as we recently stated in Blair v. Pitchess (1971) 5 Cal.3d 258, 267-268 [ 96 Cal.Rptr. 42 , 486 P.2d 1242 , 45 A.L.R.3d 1206 ], “[t]he primary purpose of [section 526a] ... is to ‘enable a large body of the *765 citizenry to challenge governmental action which would otherwise go unchallenged in the courts because of the standing requirement.’ [Citation.]” Thus, we must proceed to the merits of this case an

1975Past cases make clear that under section 526a “no showing of special damage to the particular taxpayer [is] necessary” (e.g., Crowe v. Boyle (1920) 184 Cal. 117, 152 [ 193 P. 111 ]); indeed, as we recently stated in Blair v. Pitchess (1971) 5 Cal.3d 258, 267-268 [ 96 Cal.Rptr. 42 , 486 P.2d 1242 , 45 A.L.R.3d 1206 ], “[t]he primary purpose of [section 526a] ... is to ‘enable a large body of the *765 citizenry to challenge governmental action which would otherwise go unchallenged in the courts because of the standing requirement.’ [Citation.]” Thus, we must proceed to the merits of this case an

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
Sheppard v. North Orange County Regional Occupational Program green
calctapp · 2010
2 sentences

2017For this proposition, they rely upon Guerrero v. Superior Court (2013) 213 Cal.App.4th 912 , 153 Cal.Rptr.3d 315 ( Guerrero ) and Sheppard v. North Orange County Regional Occupational Program (2010) 191 Cal.App.4th 289 , 120 Cal.Rptr.3d 442 ( Sheppard ).

2017For this proposition, they rely upon Guerrero v. Superior Court (2013) 213 Cal.App.4th 912 , 153 Cal.Rptr.3d 315 ( Guerrero ) and Sheppard v. North Orange County Regional Occupational Program (2010) 191 Cal.App.4th 289 , 120 Cal.Rptr.3d 442 ( Sheppard ).

22017–2017
Guerrero v. Superior Court green
calctapp · 2013
2 sentences

2017For this proposition, they rely upon Guerrero v. Superior Court (2013) 213 Cal.App.4th 912 , 153 Cal.Rptr.3d 315 ( Guerrero ) and Sheppard v. North Orange County Regional Occupational Program (2010) 191 Cal.App.4th 289 , 120 Cal.Rptr.3d 442 ( Sheppard ).

2017For this proposition, they rely upon Guerrero v. Superior Court (2013) 213 Cal.App.4th 912 , 153 Cal.Rptr.3d 315 ( Guerrero ) and Sheppard v. North Orange County Regional Occupational Program (2010) 191 Cal.App.4th 289 , 120 Cal.Rptr.3d 442 ( Sheppard ).

22017–2017
Mendiola v. CPS Security Solutions, Inc. green
cal · 2015
2 sentences

2017If, for example, the time allowed is 15 minutes but the activity takes 25 minutes, the time to be added to other working time would be limited to 15 minutes.” (Italics added.) California law, as embodied in various wage orders, including Wage Order 4, applies a broader standard, requiring compensation when an employee is subject to the control of an employer. ( Mendiola, supra, 60 Cal.4th at pp. 839-840; Morillion v. Royal Packing Co. (2000) 22 Cal.4th 575, 578-579, 588-594 (Morillion).) Plaintiffs contend 13 they are subject to California’s broader rule, not the more restrictive federal rule,

2017If, for example, the time allowed is 15 minutes but the activity takes 25 minutes, the time to be added to other working time would be limited to 15 minutes." (Italics added.) California law, as embodied in various wage orders, including Wage Order 4, applies a broader standard, requiring compensation when an employee is subject to the control of an employer. ( Mendiola , supra , 60 Cal.4th at pp. 839-840, 182 Cal.Rptr.3d 124 , 340 P.3d 355 ; Morillion v. Royal Packing Co. (2000) 22 Cal.4th 575 , 578-579, 588-594, 94 Cal.Rptr.2d 3 , 995 P.2d 139 ( Morillion ).) Plaintiffs contend they are subj

22017–2017
Daubert v. Merrell Dow Pharmaceuticals, Inc. green
scotus · 1993
1 sentence

1998(Cf. People v. Hood, supra, 53 Cal.App.4th at p. 969 .) Consequently, the expert opinion testimony regarding the valuations where these ratios were considered, i.e., the appraisals using the comparable sales approach and the market-derived discount rate, was not subject to Kelly/Frye. *1050 Similarly, Texaco’s argument that these appraisal methods fail to satisfy the less restrictive federal test set forth in Daubert v. Merrell Dow Pharmaceuticals, Inc., supra, 509 U.S. 579 is unavailing.

11998–1998
People v. Hood green
calctapp · 1997
1 sentence

1998(Cf. People v. Hood, supra, 53 Cal.App.4th at p. 969 .) Consequently, the expert opinion testimony regarding the valuations where these ratios were considered, i.e., the appraisals using the comparable sales approach and the market-derived discount rate, was not subject to Kelly/Frye. *1050 Similarly, Texaco’s argument that these appraisal methods fail to satisfy the less restrictive federal test set forth in Daubert v. Merrell Dow Pharmaceuticals, Inc., supra, 509 U.S. 579 is unavailing.

11998–1998
White v. Davis green
cal · 1975
1 sentence

1997In rejecting the standing challenge, the court cited its early decisions involving police “dragnet” roadblocks and warrantless surveillance of private residences, which upheld section 526a’s “general citizen remedy” for controlling illegal governmental activity. ( 13 Cal.3d at p. 763 .) The court distinguished federal cases relied on by defendants because they “. . . rested on a restrictive federal doctrine of justiciability which does not apply to taxpayer suits in California.” {Ibid.) The interests of individual citizens in assuring that carcinogenic chemicals are not placed in their drinkin

11997–1997

Where else courts name it

CA 5 (1975–2017) PA 3 (1987–2001) FL 2 (1986–2005) NM 2 (2007–2007)

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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