206 Cal. App. 3d 521 - Iott v. Franklin’s Empirical Analysis
1988
Citation profile
22 state decisions
How this case has been cited
Cited by 22 later decisions — most recently August 2019
22 state decisions
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 44 Cal. 3d 474 - Shamblin v. Brattain · 32 Cal. 3d 892 - Carroll v. Abbott Laboratories, Inc. · 38 Cal. 3d 227 - Elston v. City of Turlock · Benjamin v. Dalmo Manufacturing Co. · 72 Cal. App. 2d 508 - Elms v. Elms
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 22 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The standard for appellate review of an order denying a motion to set aside under section 473 is quite limited. A ruling on such a motion rests within the sound discretion of the trial court, and will not be disturbed on appeal in the absence of a clear showing of abuse of discretion, resulting in injury sufficiently grave as to amount to a manifest miscarriage of justice. Where a trial court has discretionary power to decide an issue, an appellate court is not authorized to substitute its judgment of the correct result for the decision of the trial court. [Citations.] ' " 'The appropriate test for abuse of discretion is whether the trial court exceeded the bounds of reason. When two or more inferences can reasonably be deduced from the facts, the reviewing court has no authority to substitute its decision for that of the trial court.' " [Citations.]' [Citation.] The burden is on the complaining party to establish abuse of discretion, and the showing on appeal is insufficient if it presents a state of facts which simply affords an opportunity for a difference of opinion.”
1 later decision quote this exact passage · from the majority“'The question to be determined by the appellate court is not what it would have done had it been sitting in the place of the trial judge, but whether from the record it can be said that the trial judge failed to act wisely, reasonably and fairly in view of what was presented to him in support of the application. If such failure does not clearly and unmistakably appear, it cannot be said that the trial judge abused his discretion, and his decision should be affirmed'”
1 later decision quote this exact passage · from the majority“It is settled that the law favors a trial on the merits... and therefore liberally construes section 473.... Doubts in applying section 473 are resolved in favor of the party seeking relief from default ... and if that party has moved promptly for default relief only slight evidence will justify an order granting such relief.”
1 later decision quote this exact passage · from the majority
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.