Wilkinson v. Zelen’s Empirical Analysis

Citation profile

4 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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “On appeal from a judgment dismissing an action after sustaining a demurrer without leave to amend, the standard of review is well settled. We give the complaint a reasonable interpretation, reading it as a whole and its parts in their context. ( Zelig v. County of Los Angeles (2002) 27 Cal.4th 1112 , 1126 [ 119 Cal.Rptr.2d 709 , 45 P.3d 1171 ] [ ( Zelig ) ].) Further, we treat the demurrer as admitting all material facts properly pleaded, but do not assume the truth of contentions, deductions or conclusions of law. ( Ibid. ; Aubry v. Tri-City Hospital Dist. (1992) 2 Cal.4th 962 , 966-967 [ 9 Cal.Rptr.2d 92 , 831 P.2d 317 ] ( Aubry ).) When a demurrer is sustained, we determine whether the complaint states facts sufficient to constitute a cause of action. ( Zelig, supra , 27 Cal.4th at p. 1126 [ 119 Cal.Rptr.2d 709 , 45 P.3d 1171 ].)”

   1 later decision quote this exact passage
   e.g. 238 Cal. Rptr. 3d 835 - Ruiz v. Musclewood Inv. Props., LLC

2. “( City of Dinuba v. County of Tulare (2007) 41 Cal.4th 859 , 865, 62 Cal.Rptr.3d 614 , 161 P.3d 1168 .)”

   1 later decision quote this exact passage
   e.g. 238 Cal. Rptr. 3d 835 - Ruiz v. Musclewood Inv. Props., LLC

3. “In ruling on a demurrer, the court may ' "take judicial notice of a party's earlier pleadings ....”

   1 later decision quote this exact passage
   e.g. 238 Cal. Rptr. 3d 835 - Ruiz v. Musclewood Inv. Props., LLC