21 Cal. 4th 28 - Cates Construction, Inc. v. Talbot Partners’s Empirical Analysis
1999
Citation profile
20 federal appellate · 12 district · 144 state decisions
How this case has been cited
Cited by 259 later decisions — most recently March 2019 · most notably 43 Cal. 4th 375 - City of Hope National Medical Center v. Genentech, Inc. (2008), Commercial Money Center, Inc. v. Illinois Union Insurance (2007)
20 federal appellate · 12 district · 144 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 47 Cal. 3d 654 - Foley v. Interactive Data Corp. · 9 Cal. 3d 566 - Gruenberg v. Aetna Insurance · Crisci v. Security Insurance · 46 Cal. 3d 287 - Moradi-Shalal v. Fireman's Fund Ins. Companies · 7 Cal. 4th 503 - Applied Equipment Corp. v. Litton Saudi Arabia Ltd.
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 259 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“an insured faces a unique 'economic dilemma' when its insurer breaches the implied covenant of good faith and fair dealing. Unlike other parties in contract who typically may seek recourse in the marketplace in the event of a breach, an insured will not be able to find another insurance company willing to pay for a loss already incurred.”
5 later decisions quote this exact passage“recovery for a surety's breach of the implied covenant of good faith and fair dealing is properly limited to those damages within the contemplation of the parties at the time the performance bond is given or at least reasonably foreseeable by them at that time.”
3 later decisions quote this exact passage“If the obligee does not agree with the terms of the bond secured by the principal, it may consent to a modification of the underlying contract or may end bargaining altogether and seek a different principal whose financial resources and qualifications enable it to procure a bond with acceptable terms. (See generally, [Randall S. Udelman] Comment, Surety Contractors: Are Sureties Becoming General Liability Insurers? (1990) 22 Ariz. St. L.J. 469 , 484.) Hence, obligees generally possess ample bargaining power to negotiate for favorable bond terms.”
2 later decisions 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.