140 Cal. App. 2d 278 - Schaefer v. Berinstein’s Empirical Analysis
1956
Citation profile
6 federal appellate · 142 state decisions
How this case has been cited
Cited by 150 later decisions — most recently June 2017 · most notably 18 Cal. 3d 93 - Sanchez v. South Hoover Hospital (1976), Wise v. Southern Pacific Co. (1963)
6 federal appellate · 142 state decisions
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 Hobart v. Hobart Estate Co. · 29 Cal. 2d 34 - Speegle v. Board of Fire Underwriters · Seeger v. Odell · Buxbom v. Smith · Lady Washington Consolidated Co. v. Wood
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 150 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[The special attorney] was an officer and agent of the city.”
2 later decisions quote this exact passage““. . . On appeal from a judgment sustaining a demurrer to a complaint the allegations of the complaint must be regarded as true. It must be assumed that plaintiff can prove all the facts as alleged. (Wirin v. Horrall, 85 Cal. App.2d 497, 500 [ 193 P.2d 470 ].) ‘The court must, in every stage of an action, disregard any defect in the pleadings which does not affect the substantial rights of the parties. (Code Civ. Proc., § 475.) “Pleadings must be reasonably interpreted; they must be read as a whole and each part must be given the meaning that it derives from the context wherein it appears.” (Speegle v. Board of Fire Underwriters, 29 Cal.2d 34, 42 [ 172 P.2d 867 ].) All that is necessary as against a general demurrer is to plead facts entitling the plaintiff to some relief. (Tristan v. Marques, 117 Cal.App. 393, 397 [ 3 P. 2d 947 ].) “In determining whether or not the complaint is sufficient as against the demurrer, upon the ground that it does not state facts sufficient to constitute a cause of action, the rule is, that if upon a consideration of all the facts stated it appears that the plaintiff is entitled to any relief at the hands of the court against the defendants, the complaint will be held good, although the facts may not be clearly stated, or may be intermingled with a statement of other facts irrelevant to the cause of action shown, or although the plaintiff may demand relief to which he is not entitled under the facts alleged.” (Matteson v. Wagoner, 147 Cal. 739, 7”
1 later decision quote this exact passage““Members of the Legislature, state, county, district, judicial district, and city officers or employees shall not be financially interested in any contract made by them in their official capacity, or by any body or board of which they are members. Nor shall state, county, district, judicial district, and city officers or employees be purchasers at any sale or vendors at any purchase made by them in their official capacity. “As used in this article, ‘district’ means any agency of the state formed pursuant to general law or special act, for the local performance of governmental or propriety functions within limited boundaries.””
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.