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 1 courts 1936–2022 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 |
|---|---|---|
Toschi v. Christiangreen2 sentences1976(Pp. 581-582.) Viewing defendants’ motion to exclude negligence as a jury issue as equivalent to a motion for nonsuit, the Supreme Court said at page 587: “At the very least, the evidence favorable to plaintiff raised a reasonable doubt whether [the officers] acted in a manner consistent with their duty of due care when they originally decided to apprehend Grudt, when they approached his vehicle with drawn weapons, and when they shot him to death. ‘[T]he actor’s conduct must always be gauged in relation to all the other material circumstances surrounding it and if such other circumstances admi 1976(Pp. 581-582.) Viewing defendants’ motion to exclude negligence as a jury issue as equivalent to a motion for nonsuit, the Supreme Court said at page 587: “At the very least, the evidence favorable to plaintiff raised a reasonable doubt whether [the officers] acted in a manner consistent with their duty of due care when they originally decided to apprehend Grudt, when they approached his vehicle with drawn weapons, and when they shot him to death. ‘[T]he actor’s conduct must always be gauged in relation to all the other material circumstances surrounding it and if such other circumstances admi | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in California. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
People v. Ryan D.
green
1 sentence2022(In re Ryan D. (2002) 100 Cal.App.4th 854, 860 .) Viewing defendant’s threat in light of his repeated physical attacks against Deanna, the jury could reasonably conclude he threatened to commit a crime against Deanna’s family which would result in great bodily injury if Deanna left against his wishes. | 1 | 2022–2022 |
People v. Lopez
green
1 sentence2014The decisions in People v. Epperson (1985) 168 Cal.App.3d 856 (Epperson), People v. Lopez (1985) 163 Cal.App.3d 946 (Lopez), and People v. English (1981) 116 Cal.App.3d 361 (English), on which defendant relies, do not alter our conclusion. | 1 | 2014–2014 |
People v. English
green
1 sentence2014The decisions in People v. Epperson (1985) 168 Cal.App.3d 856 (Epperson), People v. Lopez (1985) 163 Cal.App.3d 946 (Lopez), and People v. English (1981) 116 Cal.App.3d 361 (English), on which defendant relies, do not alter our conclusion. | 1 | 2014–2014 |
People v. Epperson
green
1 sentence2014The decisions in People v. Epperson (1985) 168 Cal.App.3d 856 (Epperson), People v. Lopez (1985) 163 Cal.App.3d 946 (Lopez), and People v. English (1981) 116 Cal.App.3d 361 (English), on which defendant relies, do not alter our conclusion. | 1 | 2014–2014 |
Simpson v. Richmond
green
2 sentences1961Viewing defendants’ conduct as a whole to determine if there is any evidence of active negligence, as the court did in the Herold and Howard cases, supra, we find no *745 overt act or active conduct on defendants’ part—the grease pan, common to all garages and in its proper place, had always been in defendants’ garage; indeed the garage had not become more dangerous after plaintiff arrived; nothing occurred and defendants did nothing that would apprise either of them that their premises had become more dangerous; their only act was Mrs. Edwards’ statement that the plates “are in the garage.” I 1961Viewing defendants’ conduct as a whole to determine if there is any evidence of active negligence, as the court did in the Herold and Howard cases, supra, we find no *745 overt act or active conduct on defendants’ part—the grease pan, common to all garages and in its proper place, had always been in defendants’ garage; indeed the garage had not become more dangerous after plaintiff arrived; nothing occurred and defendants did nothing that would apprise either of them that their premises had become more dangerous; their only act was Mrs. Edwards’ statement that the plates “are in the garage.” I | 1 | 1961–1961 |
Tesone v. Reiman
green
2 sentences1961Viewing defendants’ conduct as a whole to determine if there is any evidence of active negligence, as the court did in the Herold and Howard cases, supra, we find no *745 overt act or active conduct on defendants’ part—the grease pan, common to all garages and in its proper place, had always been in defendants’ garage; indeed the garage had not become more dangerous after plaintiff arrived; nothing occurred and defendants did nothing that would apprise either of them that their premises had become more dangerous; their only act was Mrs. Edwards’ statement that the plates “are in the garage.” I 1961Viewing defendants’ conduct as a whole to determine if there is any evidence of active negligence, as the court did in the Herold and Howard cases, supra, we find no *745 overt act or active conduct on defendants’ part—the grease pan, common to all garages and in its proper place, had always been in defendants’ garage; indeed the garage had not become more dangerous after plaintiff arrived; nothing occurred and defendants did nothing that would apprise either of them that their premises had become more dangerous; their only act was Mrs. Edwards’ statement that the plates “are in the garage.” I | 1 | 1961–1961 |
Ashley v. Jones
green
2 sentences1961This “implied invitation” is no different than that of Mrs. Jones to Mrs. Ashley, in her statement, “she would not be through in time to greet the guests” (p. 330), that it was' safe to go into the hall (where she fell) on her way to her room to “freshen up.” In Ashley v. Jones, 126 Cal.App.2d 328 [ 271 P.2d 918 ], Mrs. Jones simply stated to Mrs. Ashley that she would not be able to meet her guests, indicating to her if she wanted to do so it would be an accommodation to her, knowing that she would use the hallway to go to her room for that purpose; Mrs. Edwards announced to no one in particu 1961This “implied invitation” is no different than that of Mrs. Jones to Mrs. Ashley, in her statement, “she would not be through in time to greet the guests” (p. 330), that it was' safe to go into the hall (where she fell) on her way to her room to “freshen up.” In Ashley v. Jones, 126 Cal.App.2d 328 [ 271 P.2d 918 ], Mrs. Jones simply stated to Mrs. Ashley that she would not be able to meet her guests, indicating to her if she wanted to do so it would be an accommodation to her, knowing that she would use the hallway to go to her room for that purpose; Mrs. Edwards announced to no one in particu | 1 | 1961–1961 |
Oettinger v. Stewart
green
2 sentences1961Viewing defendants’ conduct as a whole to determine if there is any evidence of active negligence, as the court did in the Herold and Howard cases, supra, we find no *745 overt act or active conduct on defendants’ part—the grease pan, common to all garages and in its proper place, had always been in defendants’ garage; indeed the garage had not become more dangerous after plaintiff arrived; nothing occurred and defendants did nothing that would apprise either of them that their premises had become more dangerous; their only act was Mrs. Edwards’ statement that the plates “are in the garage.” I 1961Viewing defendants’ conduct as a whole to determine if there is any evidence of active negligence, as the court did in the Herold and Howard cases, supra, we find no *745 overt act or active conduct on defendants’ part—the grease pan, common to all garages and in its proper place, had always been in defendants’ garage; indeed the garage had not become more dangerous after plaintiff arrived; nothing occurred and defendants did nothing that would apprise either of them that their premises had become more dangerous; their only act was Mrs. Edwards’ statement that the plates “are in the garage.” I | 1 | 1961–1961 |
Yoshiko Yamauchi v. O'Neill
green
2 sentences1961Viewing defendants’ conduct as a whole to determine if there is any evidence of active negligence, as the court did in the Herold and Howard cases, supra, we find no *745 overt act or active conduct on defendants’ part—the grease pan, common to all garages and in its proper place, had always been in defendants’ garage; indeed the garage had not become more dangerous after plaintiff arrived; nothing occurred and defendants did nothing that would apprise either of them that their premises had become more dangerous; their only act was Mrs. Edwards’ statement that the plates “are in the garage.” I 1961Viewing defendants’ conduct as a whole to determine if there is any evidence of active negligence, as the court did in the Herold and Howard cases, supra, we find no *745 overt act or active conduct on defendants’ part—the grease pan, common to all garages and in its proper place, had always been in defendants’ garage; indeed the garage had not become more dangerous after plaintiff arrived; nothing occurred and defendants did nothing that would apprise either of them that their premises had become more dangerous; their only act was Mrs. Edwards’ statement that the plates “are in the garage.” I | 1 | 1961–1961 |
Austin v. Newton
green
2 sentences1936As was said in Austin v. Newton, 46 Cal. App. 493 [ 189 Pac. 471 ] : “Undoubtedly an appellate court, in reviewing the evidence, is bound to exercise its intelligence, and in doing so must recognize that certain facts are controlled by immutable physical laws. 1936As was said in Austin v. Newton, 46 Cal. App. 493 [ 189 Pac. 471 ] : “Undoubtedly an appellate court, in reviewing the evidence, is bound to exercise its intelligence, and in doing so must recognize that certain facts are controlled by immutable physical laws. | 1 | 1936–1936 |
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.