123 Cal. App. 4th 76 - Knapp v. Doherty’s Empirical Analysis
2004
Citation profile
62 state decisions
Relationships
Applies 11 U.S.C. § 362
Relies on 25 Cal. 4th 826 - Aguilar v. Atlantic Richfield Co. · Metromedia, Inc. v. City of San Diego · 24 Cal. 4th 317 - Guz v. Bechtel National, Inc. · 33 Cal. 3d 211 - Tiernan v. Trustees of California State University and Colleges · 26 Cal. 3d 848 - Metromedia, Inc. v. City of San Diego
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 87 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Upon default by the trustor, the beneficiary may declare a default and proceed with a nonjudicial foreclosure sale. The foreclosure process is commenced by the recording of a notice of default and election to sell by the trustee. After the notice of default is recorded, the trustee must wait three calendar months before As a general rule, the purchaser at a nonjudicial foreclosure sale receives title under a trustee’s deed free and clear of any right, title or interest of the trustor. A properly conducted nonjudicial foreclosure sale constitutes a final adjudication of the rights of the borrower and lender. Once the trustee’s sale is completed, the trustor has no further rights of redemption. The purchaser at a foreclosure sale takes title by a trustee’s deed. If the trustee’s deed recites that all statutory notice requirements and procedures required by law for the conduct of the foreclosure have been satisfied, a rebut-table presumption arises that the sale has been conducted regularly and properly; this presumption is conclusive as to a bona fide purchaser.”
1 later decision quote this exact passage“If it appears from the affidavits submitted in opposition to a motion for summary judgment ... that facts essential to justify opposition may exist but cannot, for reasons stated , be presented, the court shall ... order a continuance ... or make any other order as may be just”
1 later decision quote this exact passage“the application did not contain the requisite declaration indicating in good faith the essential facts ... and the reasons those facts could not be presented in opposition to the motion”
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.