Hearn v. Howard’s Empirical Analysis

Citation profile

23 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 23 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[w]e must ... presume that what occurred at ... [trial] supports the judgment”

   2 later decisions quote this exact passage
   e.g. 220 Cal. Rptr. 3d 222 - Sleep EZ v. Mateo · 251 Cal. Rptr. 3d 885 - McClain v. Kissler

2. “The standard for appellate review of an order denying a motion to set aside under section 473 is quite limited. A ruling on such a motion rests within the sound discretion of the trial court, and will not be disturbed on appeal in the absence of a clear showing of abuse of discretion, resulting in injury sufficiently grave as to amount to a manifest miscarriage of justice. Where a trial court has discretionary power to decide an issue, an appellate court is not authorized to substitute its judgment of the correct result for the decision of the trial court. [Citations.] '”

   1 later decision quote this exact passage
   e.g. 251 Cal. Rptr. 3d 885 - McClain v. Kissler

3. “'[A]n appealed judgment is presumed correct, and appellant bears the burden of overcoming the presumption of correctness.' [Citation.] As a result, on appeal 'the party asserting trial court error may not ... rest on the bare assertion of error but must present argument and legal authority on each point raised. [Citation.]' [Citations.] When an appellant raises an issue 'but fails to support it with reasoned argument and citations to authority, we treat the point as waived. [Citations.]' [Citation.]”

   1 later decision quote this exact passage
   e.g. Hernandez v. First Student, Inc.