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5 California opinions name it 2 courts 2010–2023 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 |
|---|---|---|
People v. McCloudgreen1 sentence2023As one Court of Appeal recognized, “If the evidence supports a reasonable inference that, as a means of killing the primary target, the defendant specifically intended to kill every single person in the area in which the primary target was located, then the prosecutor can make that argument and the jury can draw that inference without the aid of a kill zone instruction — the ordinary instructions on attempted murder will provide all of the necessary legal tools.” (People v. McCloud (2012) 211 Cal.App.4th 788, 803 (McCloud).) Indeed, the kill zone instruction is an anomaly; no other scenario- s | 1 | 1 |
Flowers v. Torrance Memorial Hospital Medical Centergreen1 sentence2018(See Flowers v. Torrance Memorial Hospital Medical Center (1994) 8 Cal.4th 992, 997 [“as a general proposition one ‘is required to exercise the care that a person of ordinary prudence would exercise under the circumstances.’ [Citations.] Because application of this principle is inherently situational, the amount of care deemed reasonable in any particular case will vary, while at the same time the standard of conduct itself remains constant, i.e., due care commensurate with the risk posed by the conduct taking into consideration all relevant circumstances. [Citations.] ‘“There are 24 C. | 1 | 1 |
M v. v. Superior Courtgreen2 sentences2013The ‘ “unique developmental needs of infants and toddlers” ’ [citation] justifies a greater emphasis on establishing permanency and stability earlier in the dependency process ‘ “in cases with a poor prognosis for family reunification” ’ [citation].” (M.V. v. Superior Court (2008) 167 Cal.App.4th 166, 174-175 [ 83 Cal.Rptr.3d 864 ] (M.V.).) “The status of every dependent child in foster care shall be reviewed periodically as determined by the court but no less frequently than once every six months ....” (§ 366, subd. (a)(1).) “The third paragraph of section 366.21, subdivision (e), requires a 2013The ‘ “unique developmental needs of infants and toddlers” ’ [citation] justifies a greater emphasis on establishing permanency and stability earlier in the dependency process ‘ “in cases with a poor prognosis for family reunification” ’ [citation].” (M.V. v. Superior Court (2008) 167 Cal.App.4th 166, 174-175 [ 83 Cal.Rptr.3d 864 ] (M.V.).) “The status of every dependent child in foster care shall be reviewed periodically as determined by the court but no less frequently than once every six months ....” (§ 366, subd. (a)(1).) “The third paragraph of section 366.21, subdivision (e), requires a | 1 | 1 |
State Farm Fire & Casualty Co. v. Superior Courtgreen2 sentences2010Co. (2003) 114 Cal.App.4th 548, 556-557 [ 7 Cal.Rptr.3d 844 ] [loss of stored database when system “crashed” with consequent economic loss was not “ ‘direct physical loss’ ” covered under policy]; State Farm Fire & Casualty Co. v. Superior Court (1989) 215 Cal.App.3d 1435, 1445 [ 264 Cal.Rptr. 269 ] [“Neither diminution in value nor the cost of repair or replacement are active physical forces — they are not the cause of the damage . . . [but] the measure of the loss or damage.”].) Although the MRI engineering specialist who performed the work on the MRI machine stated that extra parts were req 2010Co. (2003) 114 Cal.App.4th 548, 556-557 [ 7 Cal.Rptr.3d 844 ] [loss of stored database when system “crashed” with consequent economic loss was not “ ‘direct physical loss’ ” covered under policy]; State Farm Fire & Casualty Co. v. Superior Court (1989) 215 Cal.App.3d 1435, 1445 [ 264 Cal.Rptr. 269 ] [“Neither diminution in value nor the cost of repair or replacement are active physical forces — they are not the cause of the damage . . . [but] the measure of the loss or damage.”].) Although the MRI engineering specialist who performed the work on the MRI machine stated that extra parts were req | 1 | 1 |
Ward Gen. Ins. Ser. v. Employ. Fire Ins.green2 sentences2010Co. (2003) 114 Cal.App.4th 548, 556-557 [ 7 Cal.Rptr.3d 844 ] [loss of stored database when system “crashed” with consequent economic loss was not “ ‘direct physical loss’ ” covered under policy]; State Farm Fire & Casualty Co. v. Superior Court (1989) 215 Cal.App.3d 1435, 1445 [ 264 Cal.Rptr. 269 ] [“Neither diminution in value nor the cost of repair or replacement are active physical forces — they are not the cause of the damage . . . [but] the measure of the loss or damage.”].) Although the MRI engineering specialist who performed the work on the MRI machine stated that extra parts were req 2010Co. (2003) 114 Cal.App.4th 548, 556-557 [ 7 Cal.Rptr.3d 844 ] [loss of stored database when system “crashed” with consequent economic loss was not “ ‘direct physical loss’ ” covered under policy]; State Farm Fire & Casualty Co. v. Superior Court (1989) 215 Cal.App.3d 1435, 1445 [ 264 Cal.Rptr. 269 ] [“Neither diminution in value nor the cost of repair or replacement are active physical forces — they are not the cause of the damage . . . [but] the measure of the loss or damage.”].) Although the MRI engineering specialist who performed the work on the MRI machine stated that extra parts were req | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in California. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Hayes v. County of San Diego
green
2 sentences2015However at oral argument on appeal, Green’s counsel acknowledged that the CACI general negligence instructions did not apply to deputies’ prearrest tactical decisions but instead argued that a specialized instruction such as the new BAJI No. 3.43 based on Hayes v. County of San Diego (2013) 57 Cal.4th 622 [ 160 Cal.Rptr.3d 684 , 305 P.3d 252 ] (Hayes) 2 should have been given. *1371 However, the trial record does not contain any instruction resembling BAJI No. 3.43 and only shows that Green’s counsel orally requested and argued for the giving of the CACI general negligence instructions. 2015However at oral argument on appeal, Green’s counsel acknowledged that the CACI general negligence instructions did not apply to deputies’ prearrest tactical decisions but instead argued that a specialized instruction such as the new BAJI No. 3.43 based on Hayes v. County of San Diego (2013) 57 Cal.4th 622 [ 160 Cal.Rptr.3d 684 , 305 P.3d 252 ] (Hayes) 2 should have been given. *1371 However, the trial record does not contain any instruction resembling BAJI No. 3.43 and only shows that Green’s counsel orally requested and argued for the giving of the CACI general negligence instructions. | 1 | 2015–2015 |
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.