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← 171 CALAPP4TH 153 - Calemine v. Samuelson

Calemine v. Samuelson’s Empirical Analysis

2009

Citation profile

8
cited by 8 later decisions
1
states following
September 2017
most recently cited

8 state decisions

Relationships

Relies on 25 Cal. 4th 826 - Aguilar v. Atlantic Richfield Co. · 31 Cal. App. 4th 573 - Union Bank v. Superior Court · 213 Cal. App. 2d 729 - Lingsch v. Savage · 36 Cal. App. 4th 558 - Barber v. Marina Sailing, Inc. · 40 Cal. App. 4th 1001 - Lyons v. Security Pacific National Bank

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

  1. “A defendant moving for summary adjudication or summary judgment bears the initial burden to show that a cause of action has no merit by establishing that 'one or more elements of the cause of action, even if not separately pleaded, cannot be established, or that there is a complete defense to that cause of action.' [Citations.] Once the defendant meets this burden, the burden shifts to the plaintiff 'to show that a triable issue of one or more material facts exists as to that cause of action or a defense thereto,' supported by evidence of specific facts and not mere allegations of the pleadings.”
    1 later decision quote this exact passage
  2. “[i]t is now settled in California that where the seller knows of facts materially affecting the value or desirability of the property ... and also knows that such facts are not known to, or within the reach of the diligent attention and observation of the buyer, the seller is under a duty to disclose them to the buyer. [Citations.]”
    1 later decision quote this exact passage
  3. “the value or desirability of the property”
    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.