2 Cal. 5th 844 - Carmack v. Reynolds’s Empirical Analysis

Citation profile

3 federal appellate · 16 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. “[a] construction making some words surplusage is to be avoided”

   2 later decisions quote this exact passage
   e.g. Ctr. for Biological Diversity v. Dep't of Conservation · 251 Cal. Rptr. 3d 507 - Blech v. Blech

2. “' "the wider historical circumstances of its enactment.”

   2 later decisions quote this exact passage
   e.g. Int'l Bhd. of Boilermakers v. Nassco Holdings Inc. · 251 Cal. Rptr. 3d 507 - Blech v. Blech

3. “We are also mindful that this case arises out of a bankruptcy proceeding. Ordinarily, a judgment creditor who is unable to satisfy all of the judgment out of the beneficiary's trust interest may continue to attempt to collect on the balance of the judgment from whatever other assets the beneficiary may have. Here, however, the amount Reynolds's creditors will receive depends on the reach of the bankruptcy trustee. Any remaining debts after the bankruptcy process will be extinguished, and any further distributions will be unencumbered. ( 11 U.S.C. § 541 (c)(2).) That spendthrift provisions can work to beneficiaries' advantage in bankruptcy in this way has long been recognized as a characteristic of such provisions. (See Rest.3d Trusts, § 58, com. a, p. 367 ['An important byproduct of the limited spendthrift protection, however, is the again limited but nevertheless important insulation that may result from a discharge in bankruptcy.'].)”

   1 later decision quote this exact passage
   e.g. 251 Cal. Rptr. 3d 507 - Blech v. Blech