In this task, you will be shown a sentence, and you should determine whether it is overruling or non-overruling. In law, an overruling sentence is a statement that nullifies a previous case decision as a precedent by a constitutionally valid statute or a decision by the same or higher ranking court which establishes a different rule on the point of law involved. Classify your answers into overruling or non-overruling

we therefore disapprove the discussion in russell v. roberts, supra, 39 cal.app.3d at pages 394-395, and the dicta in goodyear v. mack, supra, 159 cal.app.3d at pages 659-660, and shepherd v. robinson, supra, 128 cal.app.3d at page 626.
overruling

but here, the district court denied leave to amend based on futility.
non-overruling

insofar as it is inconsistent with our holding in this case, mullane v. industrial acc. com., supra, is disapproved.

overruling