21 Cal. 4th 543 - Erlich v. Menezes’s Empirical Analysis
1999
Citation profile
11 federal appellate · 3 district · 144 state decisions
How this case has been cited
Cited by 272 later decisions — most recently August 2023 · most notably 34 Cal. 4th 979 - Robinson Helicopter Co., Inc. v. Dana Corp. (2004), 24 Cal. 4th 627 - Aas v. Superior Court (2000)
11 federal appellate · 3 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. · 27 Cal. 3d 167 - Tameny v. Atlantic Richfield Co. · Crisci v. Security Insurance · 7 Cal. 4th 503 - Applied Equipment Corp. v. Litton Saudi Arabia Ltd. · 27 Cal. 3d 916 - Molien v. Kaiser Foundation Hospitals
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 272 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[a] person may not ordinarily recover in tort for the breach of duties that merely restate contractual obligations. Instead, ` "[c]ourts will generally enforce the breach of contractual promise through contract law, except when the actions that constitute the breach violate a social policy that merits the imposition of tort remedies.”
4 later decisions quote this exact passage“'a tortious breach of contract ... may be found when (1) the breach is accompanied by a traditional common law tort, such as fraud or conversion; (2) the means used to breach the contract are tortious, involving deceit or undue coercion; or (3) one party intentionally breaches the contract intending or knowing that such a breach will cause severe, unmitigable harm in the form of mental anguish, personal hardship, or substantial consequential damages.'”
3 later decisions quote this exact passage“Focusing on intentional conduct gives substance to the proposition that a breach of contract is tortious only when some independent duty arising from tort law is violated. [Citation.] If every negligent breach of a contract gives rise to tort damages the limitation would be meaningless, as would the statutory distinction between tort and contract remedies.”
3 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.