124 Cal. App. 263 - Tolle v. Struve’s Empirical Analysis

Citation profile

40 state decisions

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 40 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““It was a defect of the judicial procedure which developed under the common law that the doors of the courts were invitingly opened to a plaintiff whose legal rights had already been violated, but were rigidly closed upon a party who did not wish to violate the rights of another nor to have his own rights violated, thus compelling him, where a controversy arose with his fellow, to run the risk of a violation of his fellow’s rights or to wait until the anticipated wrong had been done to himself before an adjudication of their differences could be obtained. Thus was a penalty placed upon the party who wished to act lawfully and in good faith which the statute providing for declaratory relief has gone far to remove.””

   1 later decision quote this exact passage
   e.g. 48 Cal. App. 2d 622 - Gunn v. Giraudo

2. ““The pleadings in this case present a practical situation which calls for declaratory relief. ... It seems clear that the declaratory relief statute was intended to relieve a party from exactly such a dilemma. Unless it can be availed of in a situation such as this, it will lose a large part of the value which, upon its enactment, was supposed to attach to it.””

   1 later decision quote this exact passage
   e.g. Schoenwald v. Diamond K Packing Co.

3. “a declaration of rights or duties, either alone or with other relief”

   1 later decision quote this exact passage
   e.g. Thomas v. Cilbe, Inc.