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← 192 Cal. App. 3d 551 - Johnson v. Johnson

192 Cal. App. 3d 551 - Johnson v. Johnson’s Empirical Analysis

1987

Citation profile

21
cited by 21 later decisions
2
states following
April 2009
most recently cited

5 federal appellate · 10 state decisions

How this case has been cited

Cited by 21 later decisions — most recently April 2009

5 federal appellate · 10 state decisions

120198719902000decided

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

Applies 38 U.S.C. § 1801

Relies on Ward v. Taggart · 23 Cal. 3d 180 - Doers v. Golden Gate Bridge, Higway & Transportation District · Lewis & Queen v. N. M. Ball Sons · Bancroft-Whitney Co. v. McHugh · Panopulos v. Maderis

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

  1. “The fundamental purpose of the rule must always be kept in mind, and the realities of the situation must be considered. Where, by applying the rule, the public cannot be protected because the transaction has been completed, where no serious moral turpitude is involved, where the defendant [veteran] is the one guilty of the greater moral fault, and where to apply the rule will be to permit the defendant to be unjustly enriched at the expense of the plaintiff, the rule should not be applied.”
    1 later decision quote this exact passage
  2. “The trust that is `presumed to result' from this situation is termed a `resulting trust'; its purpose is to enforce the intentions of the parties. It is distinguished from a constructive trust, which is typically imposed to rectify fraudulent behavior.”
    1 later decision quote this exact passage
  3. “When a transfer of real property is made to one person, and the consideration therefor is paid by or for another, a trust is presumed to result in favor of the person by or for whom such payment is made.”
    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.