163 Cal. App. 3d 310 - Evers v. Cornelson’s Empirical Analysis
1984
Citation profile
3 federal appellate · 14 state decisions
How this case has been cited
Cited by 17 later decisions — most recently December 2012
3 federal appellate · 14 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 City & County of San Francisco v. Superior Court · 36 Cal. 3d 273 - T. M. Cobb Co. v. Superior Court · 67 Cal. App. 3d 278 - Huber, Hunt & Nichols, Inc. v. Moore · 6 Cal. App. 2d 661 - Hale v. Hale · Miller v. Highland Ditch Co.
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 17 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“a reasonable sum to cover costs of the services of expert witnesses, ... reasonably necessary in either, or both, the preparation or trial of the case by the defendant.”
2 later decisions quote this exact passage““Defendant complains that certain items of costs awarded by the trial court were exorbitant and, therefore, unreasonable and the only evidence presented to support these costs was the hearsay declarations of plaintiff’s counsel. On the issue of whether the costs were exorbitant and unreasonable, the courts have consistently held that where a trial court has been vested with discretion to perform an act, and it so acts, its actions can only be set aside for an abuse of discretion. [Citations.] (9) As this court stated in Huber, Hunt & Nichols, Inc. v. Moore (1977) 67 Cal.App.3d 278 , 315 . . . : ‘The trial court has discretion under Code of Civil Procedure section 998 to allow a prevailing party (as defined in the section) a reasonable sum to cover the costs of the services of expert witnesses. [Citation.] The trial court was in afar better position, having heard the entire case and observed the demeanor of witnesses, to exercise this discretion and determine what was a reasonable amount and what was reasonably necessary.’ As in the Moore case, we should not substitute our judgment over the judgment of the trial court in the absence of a clear showing of an abuse of discretion. Here, there has been no such showing on the issues of what was a reasonable amount and what was reasonably necessary.”
1 later decision quote this exact passage“It appears reasonable to expect an expert witness who is going to testify at trial to prepare to be able to assist the jury on difficult issues. The more prepared the expert witness is, the more help he will be. The question is really whether the amount of time spent by [the expert] in preparing for trial was reasonable. The trial court found that this preparation was reasonably necessary and that the total cost was a reasonable amount. Again, absent a showing by defendant of an abuse of discretion, the trial court's findings will not be disturbed on appeal. [Citations.]”
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.