22 Cal. 3d 1 - Davis v. Air Technical Industries, Inc.’s Empirical Analysis
1978
Citation profile
12 federal appellate · 118 state decisions
How this case has been cited
Cited by 142 later decisions — most recently December 2009 · most notably 30 Cal. 3d 800 - Reserve Insurance Co. v. Pisciotta (1982), 37 Cal. 3d 813 - Brandt v. Superior Court (1985)
12 federal appellate · 118 state decisions — followed in 10 states
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 65 Cal. 2d 263 - Gray v. Zurich Insurance Co. · 20 Cal. 3d 578 - American Motorcycle Assn. v. Superior Court · 20 Cal. 3d 25 - Serrano v. Priest · Prentice v. North American Title Guaranty Corp. · 21 Cal. 3d 322 - Safeway Stores, Inc. v. Nest-Kart
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 142 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““Even if this court were to carve out such an exception for indemnified tort defendants, a review of the purpose behind this exception reveals that it would not apply in cases where the indemnitee incurred attorney’s fees solely in defense of his own alleged wrongdoing. The exception was intended to authorize the reimbursement of the defense costs of a party held constructively liable ‘because of the actual default of another for whose benefit the defense [was] really conducted . . . .’ (C. & O. C. Co. v. County Comm’rs. (1881) 57 Md. 201, 226 , emphasis added.) As recognized in the leading case of Westfield v. Mayo (1877) 122 Mass. 100, 105 , there was no basis for awarding attorney’s fees where the indemnitee had actually defended for its own benefit rather than for that of another: ‘When . the claim against [the indemni-tee] is upon his own contract, or for his own misfeasance, . . . counsel fees paid in defence of the suit against himself are not recoverable.’ ” 148 Cal.Rptr. at 421 , 582 P.2d at 1012 .”
1 later decision quote this exact passagee.g. Conrad v. Suhr“A person who through the tort of another has been required to act in the protection of his interests by bringing or defending an action against a third person is entitled to recover compensation for the reasonably necessary loss of time, attorney's fees, and other expenditures thereby suffered or incurred.”
1 later decision quote this exact passage““Since Davis defended exclusively against allegations of his own negligence, he is not entitled to recover attorney’s fees.” 148 Cal.Rptr. at 422 , 582 P.2d at 1013 .”
1 later decision quote this exact passagee.g. Conrad v. Suhr
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.