In Re: Ronda Peklar’s Empirical Analysis

Citation profile

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 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Under California law, conversion is the wrongful exercise of dominion over the property of another[.] The three elements of conversion under California law do not include the elements of the ‘willful’ and ‘malicious’ prongs under § 523(a)(6). Conversion under California law does not require a showing that the defendant subjectively intended to injure the plaintiff or subjectively knew that the defendant’s conduct was substantially certain to injure the plaintiff. As we have previously held, conversion establishes the debtor’s wrongful exercise of dominion over the personal property of another, but it does not necessarily decide the type of wrongful intent on the part of the debtor that is necessary for the damages to be a nondischargeable debt under § 523(a)(6). Similarly, conversion under California law does not necessarily implicate ‘maliciousness.’ Maliciousness requires (1) a wrongful act, (2) done intentionally, (3) which necessarily causes injury, and (4) is done without just cause or excuse. While one of the elements of conversion encompasses a ‘wrongful act,’ the other elements do not satisfy the remaining maliciousness prongs. We thus conclude that the conversion, in and of itself, is not necessarily ‘malicious.’”

   1 later decision quote this exact passage
   e.g. Esplanade Enterprises, Inc. v. Horne (In re Horne)

2. “Conversion is defined under California state law as “the wrongful exercise of dominion over the personal property of another.” Taylor v. Forte Hotels Int’l, 235 Cal.App.3d 1119, 1124 , 1 Cal.Rptr.2d 189 (1991). “The act must be knowingly or intentionally done, but a wrongful intent is not necessary.” Id. (citing Poggi v. Scott, 167 Cal. 372, 375 , 139 P. 815 (1914); 5 Witkin Summary of Cal. Law (9th ed. 1988) Torts § 624, pp. 717-18). Under California law, “a conversion is not per se always a willful and malicious injury to the property of another.” Larsen v. Beekmann, 276 Cal.App.2d 185, 189 , 80 Cal.Rptr. 654 (1969).”

   1 later decision quote this exact passage
   e.g. U-Save Auto Rental of America v. Mickens (In Re Mickens)

3. “willful and malicious injury by the debtor to another entity or to the property of another entity.”

   1 later decision quote this exact passage
   e.g. Allure Labs, Inc. v. Aviles (In re Aviles)