13 Cal. 3d 43 - Bertero v. National General Corp.’s Empirical Analysis
1974
Citation profile
41 federal appellate · 18 district · 719 state decisions
How this case has been cited
Cited by 863 later decisions — most recently September 2019 · most notably 16 Cal. 4th 35 - Buss v. Superior Court (1997), 29 Cal. 4th 69 - City of Cotati v. Cashman (2002)
41 federal appellate · 18 district · 719 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 3 Cal. 3d 841 - Babb v. Superior Court · 33 Cal. 2d 80 - Summers v. Tice · 10 Cal. App. 3d 376 - Fletcher v. Western National Life Insurance · 46 Cal. 2d 375 - Albertson v. Raboff · 3 Cal. 3d 553 - Hogan v. Midland National Insurance
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 863 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The malicious commencement of a civil proceeding is actionable because it harms the individual against whom the claim is made, and also because it threatens the efficient administration of justice.”
10 later decisions quote this exact passage“To establish a cause of action for the malicious prosecution of a civil proceeding, a plaintiff must plead and prove that the prior action (1) was commenced by or at the direction of the defendant and was pursued to a legal termination in his, plaintiff's, favor [citations]; (2) was brought without probable cause [citations]; and (3) was initiated with malice [citations].”
9 later decisions quote this exact passage“We see no reason for permitting plaintiffs . . . to pursue shotgun tactics by proceeding on counts and theories which they know or should know to be groundless.”
4 later decisions 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.