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← 20 Cal. 4th 659 - DeBerard Properties, Ltd. v. Lim

20 Cal. 4th 659 - DeBerard Properties, Ltd. v. Lim’s Empirical Analysis

1999

Citation profile

75
cited by 75 later decisions
2
states following
April 2017
most recently cited

57 state decisions

How this case has been cited

Cited by 75 later decisions — most recently April 2017 · most notably 2 Cal. 5th 945 - McGill v. Citibank, N.A. (2017), 121 Cal. App. 4th 1156 - Azteca Construction, Inc. v. ADR Consulting, Inc. (2004)

57 state decisions

420199920002010decided

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

Relies on Stop Youth Addiction, Inc. v. Lucky Stores, Inc. · 59 Cal. 2d 35 - Roseleaf Corp. v. Chierighino · 45 Cal. 2d 462 - Freedland v. Greco · 41 Cal. 2d 193 - Brown v. Jensen · 16 Cal. 4th 1040 - Bickel v. City of Piedmont

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

  1. “"No deficiency judgment shall lie in any event after a sale of real property or an estate for years therein for failure of the purchaser to complete his or her contract of sale, or under a deed of trust or mortgage given to the vendor to secure payment of the balance of the purchase price of that real property or estate for years therein, or under a deed of trust or mortgage on a dwelling for not more than four families given to a lender to secure repayment of a loan which was in fact used to pay all or part of the purchase price of that dwelling occupied, entirely or in part, by the purchaser. Where both a chattel mortgage and a deed of trust or mortgage have been given to secure payment of the balance of the combined purchase price of both real and personal property, no deficiency judgment shall lie at any time under any one thereof if no deficiency judgment would lie under the deed of trust or mortgage on the real property or estate for years therein.””
    1 later decision quote this exact passage
  2. “Section 580b places the risk of inadequate security on the purchase money mortgagee. [Such mortgagee] is thus discouraged from overvaluing the security. Precarious land promotion schemes are discouraged, for the security value of the land gives purchasers a clue as to its true market value.... If inadequacy of the security results, not from overvaluing, but from a decline in property values during a general or local depression, section 580b prevents the aggravation of the downturn that would result if defaulting purchasers were burdened with large personal liability. Section 580b thus serves as a stabilizing factor in land sales.”
    1 later decision quote this exact passage
  3. “a party may waive a statutory provision if a statute does not prohibit doing so [citation], the statute's 'public benefit ... is merely incidental to [its] primary purpose' [citation], and 'waiver does not seriously compromise any public purpose that [the statute was] intended to serve' [citation].”
    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.