Quantification Settlement Agreement Cases’s Empirical Analysis
2011
Citation profile
34 state decisions
Relationships
Applies 42 U.S.C. § 7506 · 43 U.S.C. § 617 · 5 U.S.C. § 551 (Administrative Procedure Act of 1946) · 5 U.S.C. § 702
Relies on Arizona v. California · 2 Cal. 3d 557 - Denham v. Superior Court · Gulf Offshore Company v. Mobil Oil Corporation · State of Arizona v. State of California · 9 Cal. 4th 559 - Western States Petroleum Assn. v. Superior Court
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 34 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"Under general rules of civil procedure, an answer must contain '[t]he general or specific denial of the material allegations of the complaint controverted by the defendant' and '[a] statement of any new matter constituting a defense.' [Citation.] 'The phrase "new matter" refers to something relied on by a defendant which is not put in issue by the plaintiff. [Citation.] Thus, where matters are not responsive to essential allegations of the complaint, they must be raised in the answer as "new matter." ' [Citation.] "Such 'new matter' is also known as 'an affirmative defense.' [Citation.] Affirmative defenses must not be pled as 'terse legal conclusions,' but 'rather ... as facts "averred as carefully and with as much detail as the facts which constitute the cause of action and are alleged in the complaint." ' [Citation.] 'A party who fails to plead affirmative defenses waives them.' [Citation.]" ( Quantification Settlement Agreement Cases (2011) 201 Cal.App.4th 758 , 812-813 [ 134 Cal.Rptr.3d 274 ].)”
1 later decision quote this exact passage“'It is the outward expression of the agreement, rather than a party's unexpressed intention, which the court will enforce.' [Citation.] Thus, in interpreting the [agreement], we are not concerned as much with what the parties might tell us they meant by the words they used as with how a reasonable person would interpret those words.”
1 later decision quote this exact passage“Such 'new matter' is also known as 'an affirmative defense.' [Citation.] Affirmative defenses must not be pled as 'terse legal conclusions,' but 'rather ... as facts "averred as carefully and with as much detail as the facts which constitute the cause of action and are alleged in the complaint.”
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.