156 Cal. App. 2d 382 - Regus v. Schartkoff’s Empirical Analysis

Citation profile

3 federal appellate · 65 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 70 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The equitable doctrine of estoppel in pais is applicable in a proper case to prevent a fraudulent or inequitable resort to the statute of limitations. A person by his conduct may be estopped to rely on the statute. Where the delay in commencing an action is induced by the conduct of the defendant, it cannot be availed of by him as a defense. One cannot justly or equitably lull his adversary into a false sense of security and thereby cause him to subject his claim to the bar of the statute of limitations, and then be permitted to plead the very delay caused by his conduct as a defense to the action when brought. Acts or conduct which wrongfully induce a party to believe an amicable adjustment of his claim will be made may create an estoppel against pleading the statute.”

   2 later decisions quote this exact passage
   e.g. 208 Cal. App. 2d 275 - Mercer v. Elliott · 104 Cal. App. 4th 1053 - Northwest Airlines, Inc. v. Ontario Aircraft Services, Inc.

2. “‘‘Civil Code, section 1708, reads: ‘Every person is bound, without contract, to abstain from injuring the person or property of another, or infringing upon any of his rights. ’ ‘‘Section 1709 reads: ‘One who willfully deceives another with intent to induce him to alter his position to his injury or risk, is liable for any damage which he thereby suffers. ’ “Section 1710 reads: ‘A deceit, within the meaning of the last section, is either: “ 11. The suggestion, as a fact, of that which is not true, by one who does not believe it to be true; “ ‘2. The assertion, as a fact, of that which is not true, by one who has no reasonable ground for believing it to be true; “ ‘3. The suppression of a fact, by one who is bound to disclose it, or who gives information of other facts which are likely to mislead for want of communication of that fact; or, “ ‘4. A promise, made without any intention of performing it.’ ‘ ‘ The elements of actionable deceit are: a false representation of a material fact made with knowledge of its falsity, or recklessly, or without reasonable grounds for believing its truth, and with intent to induce reliance thereon, on which plaintiff justifiably relies to his injury. [Citation.] Count II contains facts which embrace all these factors. Fraud is the gravamen of the cause of action. “It is argued that the representation alleged is one of law ; that a misrepresentation as to a matter of law, or a concealment as to a matter of law, will not constitute actionable fra”

   1 later decision quote this exact passage
   e.g. Bland v. Reed

3. ““The following contracts are invalid, unless the same, or some note or memorandum thereof, is in writing and subscribed by the party to be charged or by his agent: “2. A special promise to answer for the debt, default, or miscarriage of another, except in the cases provided for in section 2794. ’ ’”

   1 later decision quote this exact passage
   e.g. 225 Cal. App. 2d 655 - Michael Distributing Co. v. Tobin