Harris v. Harris’s Empirical Analysis

Citation profile

18 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 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Matters of custody and care of a minor child under section 138, Civil Code, are addressed to the sound discretion of the trial court. ( Goto v. Goto, 52 Cal.2d 118 [ 338 P.2d 450 ]; Holsinger v. Holsinger, 44 Cal.2d 132 [ 279 P.2d 961 ]; Gantner v. Gantner, 39 Cal.2d 272 [ 246 P.2d 923 ]; Clarke v. Clarke, 35 Cal.2d 259 [ 217 P.2d 401 ]; Prouty v. Prouty, 16 Cal.2d 190 [ 105 P.2d 295 ].) [3a] This discretion is broad, to be exercised with a view toward the highest and best interests of the minor ( Gantner v. Gantner, 39 Cal.2d 272 [ 246 P.2d 923 ]; Davis v. Davis, 41 Cal.2d 563 [ 261 P.2d 729 ]), and unless a clear case of abuse is made to appear a reviewing court will not reject the lower court's determination and substitute its own opinion therefor. "Section 138, provides in part that the court shall be guided by the following considerations: `(1) ... what appears to be for the best interests of the child ...'”

   1 later decision quote this exact passage
   e.g. 197 Cal. App. 2d 805 - Hoffman v. Hoffman