106 Cal. App. 4th 1415 - Moreno v. Sanchez’s Empirical Analysis
2003
Citation profile
4 federal appellate · 2 district · 42 state decisions
Relationships
Relies on 39 Cal. 3d 311 - Blank v. Kirwan · 5 Cal. 3d 584 - Serrano v. Priest · 44 Cal. 3d 1103 - Jolly v. Eli Lilly & Co. · 6 Cal. 3d 176 - Neel v. Magana, Olney, Levy, Cathcart & Gelfand · 36 Cal. 3d 752 - Seaman's Direct Buying Service, Inc. v. Standard Oil Co.
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 70 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[A] contractually shortened limitations period has never been recognized outside the context of straightforward transactions in which the triggering event for either a breach of a contract or for the accrual of a right is immediate and obvious. Moreover, no decision upholding the validity of a contractually shortened limitation period has done so in the context of an action against a professional or skilled expert where breach of a duty is more difficult to detect. Instead, most reported decisions upholding shortened periods involve straightforward commercial contracts plus the unambiguous breaches or accrual of rights under those contracts.”
4 later decisions quote this exact passage“Delayed accrual of a cause of action is viewed as particularly appropriate where the relationship between the parties is one of special trust such as that involving a fiduciary, confidential or privileged relationship. Employing this rationale, the discovery rule has been applied, sometimes by statute and sometimes through judicial decisions, to claims against professionals....”
1 later decision quote this exact passage“[if a legislated limitations period must yield to a judicially created delayed discovery rule, how can it be argued a contractually agreed limitations period is immune from that rule and its underlying rationale?”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.