Bevis v. Terrace View Partners, LP, 244 Cal. Rptr. 3d 797 (2019)

Citation: Bevis v. Terrace View Partners, LP, 244 Cal. Rptr. 3d 797 (2019)
Parent Document: Bevis v. Terrace View Partners, LP, 244 Cal. Rptr. 3d 797 (2019)
Jurisdiction: California (state)
Effective Date: 2019-02-28
Original Source: https://www.courtlistener.com/opinion/6240337/bevis-v-terrace-view-partners-lp/ ↗

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" 'The admonition has been frequently stated that it is dangerous to frame an instruction upon isolated extracts from the opinions of the court.' [Citation.] 'Judicial opinions are not written as jury instructions and are notoriously unreliable as such.' " ( Merritt v. Reserve Ins. Co . (1973) 34 Cal.App.3d 858, 876, fn. 5, 110 Cal.Rptr. 511 ; accord, Merlo v. Standard Life & Acc. Ins. Co . (1976) 59 Cal.App.3d 5, 17, 130 Cal.Rptr. 416.) " '[T]he opinion of a court is always to be read in connection with the facts of the case in which it is given, and it may often occur that in its opinion [the court] will use expressions either by way of argument or illustration, which are correct in their application to the case before it, but would be inapplicable in many other cases.' " ( Schance v. H. O. Adams Tile Co . (1955) 131 Cal.App.2d 549, 555, 280 P.2d 851, quoting Pearce v. Boggs (1893) 99 Cal. 340, 343-344, 33 P. 906.)

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