189 Cal. App. 4th 647 - Keyes v. Bowen’s Empirical Analysis

Citation profile

2 federal appellate · 39 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 44 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[W]here there are divided interests in property acquired by eminent domain, the value of each interest and the injury, if any, to the remainder of such interest shall be separately assessed and compensation awarded therefor.... [¶] ... [¶] ... The plaintiff may require that the amount of compensation be first determined as between plaintiff and all defendants claiming an interest in the property. Thereafter, in the same proceeding, the trier of fact shall determine the respective rights of the defendants in and to the amount of compensation awarded and shall apportion the award accordingly. " ( Code Civ. Proc., § 1260.220, italics added.) Thee Aguila does not dispute that the eminent domain judgment is final or that it was a party in the eminent domain proceeding. We affirm the trial court's collateral estoppel conclusion. 8 C. Motion for New Trial Although Thee Aguila appealed from the trial court's order denying its motion for new trial, Thee Aguila has presented neither record citations nor authority for its argument that the trial court abused its discretion. "It is the appellant's responsibility to support claims of error with citation and authority; this court is not obligated to perform that function on appellant's behalf.”

   2 later decisions quote this exact passage
   e.g. Thee Aguila, Inc. v. Century Law Grp., LLP · 242 Cal. Rptr. 3d 616 - Pont v. Pont

2. “[T]he trial court's judgment is presumed to be correct, and the appellant has the burden to prove otherwise by presenting legal authority on each point made and factual analysis, supported by appropriate citations to the material facts in the record; otherwise, the argument may be deemed forfeited”

   2 later decisions quote this exact passage
   e.g. Okorie v. L. A. Unified Sch. Dist. · 251 Cal. Rptr. 3d 507 - Blech v. Blech

3. “appellant may not simply incorporate by reference arguments made in papers filed in the trial court, rather than briefing them on appeal. ( Garrick Development Co. v. Hayward Unified School Dist. (1992) 3 Cal.App.4th 320 , 334 [ 4 Cal.Rptr.2d 897 ].)”

   1 later decision quote this exact passage
   e.g. Guarino v. Cnty. of Siskiyou