119 Cal. App. 3d 883 - Davis v. Damrell’s Empirical Analysis
1981
Citation profile
4 federal appellate · 6 district · 46 state decisions
How this case has been cited
Cited by 61 later decisions — most recently August 2022 · most notably 87 Cal. App. 4th 953 - Piscitelli v. Friedenberg (2001), 38 Cal. 3d 413 - Aloy v. Mash (1985)
4 federal appellate · 6 district · 46 state decisions — followed in 12 states
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Hisquierdo v. Hisquierdo · 15 Cal. 3d 838 - In Re Marriage of Brown · United States v. Bornstein · 6 Cal. 3d 176 - Neel v. Magana, Olney, Levy, Cathcart & Gelfand · Bruce v. United States
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 61 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"Under the venerable error-in-judgment rule, if an attorney acting in good faith exercises an honest and informed discretion in providing professional advice, the failure to anticipate correctly the resolution of an unsettled legal principle does not constitute culpable conduct.... In short, the exercise of sound professional judgment rests upon considerations of legal perception and not prescience."”
2 later decisions quote this exact passage“'180 22 degrees shift in law' cannot serve as the basis for professional negligence”
2 later decisions quote this exact passage“If the law on a particular subject is doubtful or debatable, an attorney will not be held responsible for failing to anticipate the manner in which the uncertainty will be resolved. [Citation.] But even with respect to an unsettled area of the law, we believe an attorney assumes an obligation to his client to undertake reasonable research in an effort to ascertain relevant legal principles and to make an informed decision as to a course of conduct based upon an intelligent assessment of the problem.”
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.