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← 168 CALAPP2D 584 - Barrett v. Barton

Barrett v. Barton’s Empirical Analysis

1959

Citation profile

28
cited by 28 later decisions
1
states following
June 2010
most recently cited

28 state decisions

How this case has been cited

Cited by 28 later decisions — most recently June 2010 · most notably 13 Cal. 3d 636 - In Re Lisa R. (1975), Department of Adoptions v. Daniel G. (1977)

28 state decisions

1201959196019701980199020002010decided

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 Matter of Cozza · 56 Cal. App. 2d 791 - Pitzer v. Peterson · 131 Cal. App. 2d 831 - Jones v. Jones · Horr v. Cattalini · 116 Cal. App. 2d 55 - Smock v. Ayers

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

  1. “A reviewing court must accept as true all evidence tending to establish the correctness of the findings of the trial judge. All conflicts in the evidence must be resolved in favor of the respondents and all legitimate and reasonable inferences must be indulged in to uphold the judgment. It is well settled that whenever a finding or judgment of the trial court is attacked as being unsupported, the power of the reviewing court begins and ends with the determination of whether there is any substantial evidence, contradicted or uncontradicted which will support the conclusions reached by the trial court. [Citation.] All evidence most favorable to respondents must be accepted as true and that which is unfavorable discarded as not having sufficient verity to be accepted by the trier of fact. If the evidence so viewed is sufficient as a matter of law, the judgment must be affirmed [citation]. (5) "That abandonment and intent under section 701, subdivision (a) of the Welfare and Institutions Code [now, § 232, subd. (a) of the Civ. Code] are questions of fact for the trial judge is well established. His decision, when supported by substantial evidence, is binding upon the reviewing court. (6) An appellate court is not empowered to disturb a decree adjudging that a minor is an abandoned child if the evidence is legally sufficient to support the finding of fact as to the abandonment [citation]. This is true, also, on the question of intent.”
    1 later decision quote this exact passage
  2. “failure to communicate for the period of six months, shall be presumptive evidence of the intent to abandon.... If in the opinion of the court the evidence indicates that such parent ... [has] made only token efforts to ... communicate with the child, the court may declare the child abandoned by such parent....”
    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.